If you and your spouse have separated and agree that the marriage should end, an uncontested divorce in Ontario can be a relatively straightforward process. However, “uncontested” does not necessarily mean immediate. There are still legal waiting periods, Court forms and procedural steps that must be completed before you and your spouse are officially divorced.
An uncontested divorce in Ontario generally cannot be granted until you and your spouse have been separated for at least one year. After the required documents are filed, the remaining process can take several weeks to several months. The divorce usually becomes effective 31 days after the Divorce Order is granted.
Most Uncontested Divorces Are Based On One Year of Separation
Most uncontested divorces in Ontario are based on the spouses having lived separate and apart for at least one year.
You do not necessarily have to wait until the full year has passed before starting the divorce proceeding. An application can be commenced while the one-year separation period is still running. However, the Court cannot grant the divorce on the basis of separation until the spouses have lived separate and apart for at least one year.
At least one spouse must also have been habitually resident in Ontario for at least one year immediately before the divorce proceeding is started. These requirements are set out in the federal Divorce Act.
To learn more about the requirements and options for obtaining a divorce in Ontario, click here.
Sources: Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), ss. 3(1), 8(2)(a).
An Uncontested Divorce Can Be Started By One Spouse or Jointly
An uncontested divorce can proceed as a sole application or a joint application.
With a sole application, one spouse files the divorce application and names the other spouse as the respondent. If the respondent does not oppose the divorce, the matter can eventually proceed on an uncontested basis.
Alternatively, spouses who are cooperating can file a joint application. In a joint application, there is no respondent, and the divorce and any other orders requested must be made with the consent of both spouses.
Where the only claim being made is for a divorce, the parties will fill out a Form 8A: Application (Divorce), and identify the proceeding as a simple divorce.
For a practical walkthrough of the process of filing for an uncontested divorce, click here.
Sources: Family Law Rules, O. Reg. 114/99, r. 36(1)–(2).
A Sole Divorce Application Must Be Served On the Other Spouse
When one spouse starts the divorce proceeding alone, the application must be properly served upon the other spouse.
After being served in Canada or the United States, the responding spouse generally has 30 days to serve and file an Answer. If the spouse is served outside Canada or the United States, the response period is generally 60 days.
If no Answer is filed within the applicable deadline, the applicant can take the next steps to have the divorce considered by the Court as an uncontested proceeding. Proof that the application was properly served is also required, typically by virtue of a Form 6B: Affidavit of Service.
Sources: Family Law Rules, O. Reg. 114/99, rr. 6, 10.
Several Documents Are Required Before the Court Can Grant the Divorce
Once the divorce is uncontested, further documents must be filed before the matter can be considered by a judge.
- Form 8A: Application (Divorce), which commences the divorce proceeding;
- Form 36: Affidavit for Divorce, which confirms the information the Court requires to grant the divorce; and
- Form 25A: Divorce Order, which is the proposed order for the judge to sign.
The Court must also have a marriage certificate or marriage registration certificate, unless it is impractical to obtain one and the circumstances are explained. If there are children of the marriage, the Affidavit for Divorce must also provide information about the arrangements for their support. The Court must be satisfied that reasonable arrangements have been made for the support of the children before granting a divorce.
Sources: Family Law Rules, O. Reg. 114/99, r. 36(4)–(6).
A Judge Reviews the Divorce Without a Traditional Trial
An uncontested divorce will generally be decided on the basis of the written materials filed with the Court.
Once the required documents have been filed, the Court clerk prepares a certificate and places the materials before a judge. The judge may grant the divorce as requested, or return the materials if corrections or additional information are required.
Preparing the documents accurately can therefore affect the overall timeline. Missing information, incorrect forms or other deficiencies may result in the materials being returned and can delay the overall process for obtaining a divorce.
Sources: Family Law Rules, O. Reg. 114/99, r. 36(7).
An Uncontested Divorce Commonly Takes About 13 to 15 Months From Separation
Where the divorce is based on one year of separation, a straightforward uncontested divorce may take approximately 13 to 15 months from the date of separation to become effective.
A typical timeline may look like this:
- The spouses separate and begin the one-year separation period.
- The divorce application is filed, either during or after that one-year period.
- If it is a sole application, the other spouse is served and ordinarily has 30 days to respond.
- Once the divorce is uncontested, the remaining divorce materials are submitted.
- The Court reviews the documents and a judge signs the Divorce Order.
- The divorce generally becomes effective 31 days after the Divorce Order is made.
Unfortunately, there is no guaranteed Court processing time. How long the Court takes to review the documents can depend on the particular Courthouse, its workload and whether the materials require corrections.
To learn more about the differences between contested and uncontested divorces, or if you are unsure whether your matter would be considered uncontested, click here.
Sources: Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), ss. 8(2)(a), 12(1); Family Law Rules, O. Reg. 114/99, r. 36.
Court Fees for an Uncontested Divorce Are Paid at Different Stages
There are several Court-related fees associated with obtaining a divorce in Ontario, all of which are generally paid at different stages of the process.
When the Application for Divorce is issued and filed with the court, the filing fee is $224.00, payable to the Minister of Finance. The Application must then be served on the other spouse.
If the other spouse does not respond to the Application, the applicant may generally proceed with the next stage once the applicable 30-day response period has expired. At that point, the applicant can execute and file the Affidavit for Divorce. The filing fee for this stage is $445.00, payable to the Minister of Finance. A certified copy of the parties’ Marriage Certificate must also be provided as part of the divorce materials.
Once the Court grants the divorce and the Divorce Order has been received, a party may request a Certificate of Divorce from the courthouse. The fee is $25.00 per certificate, payable to the Minister of Finance. A Certificate of Divorce provides formal proof that the divorce has taken effect and is generally required if either former spouse intends to remarry.
The Divorce Becomes Final 31 Days After the Divorce Order
A signed Divorce Order does not ordinarily end the marriage immediately. The divorce generally takes effect 31 days after the date of the Divorce Order.
As mentioned above, once the divorce has taken effect, a party can request a Certificate of Divorce (Form 36B) from the Court. This certificate provides official confirmation that the marriage has legally ended, and may be required in the event that either former spouse intends to remarry.
Neither spouse should remarry until the divorce has taken effect.
Sources: Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 12(1); Family Law Rules, O. Reg. 114/99, r. 36 and Form 25A.
An Uncontested Divorce Can Still Be Delayed
An uncontested divorce is generally simpler than a contested family law proceeding, but delays can still occur.
The process may take longer if the other spouse is difficult to serve, required documents are missing, there are errors in the Court materials, or the Court requires further information about child support arrangements.
Court processing times can also vary. For this reason, the fact that both spouses agree to the divorce does not mean that the divorce will be granted immediately. Having the required documents prepared correctly at the outset by an experienced family lawyer can help avoid unnecessary delays.
Sources: Family Law Rules, O. Reg. 114/99, rr. 10, 36.
An Uncontested Divorce Is Usually a Straightforward Process
For spouses who agree that their marriage should end, an uncontested divorce can provide a relatively straightforward and cost-effective way to legally end the marriage.
Other advantages to proceeding down this route include:
- Reduced legal costs compared to contested proceedings
- Faster resolution with less time in Court;
- Greater privacy and less emotional strain; and
- More control over the outcome of key decisions.
The most important timing requirement is usually the one-year period of separation. After that requirement has been satisfied, the parties must still complete the required Court process and wait for the Court to review and grant the divorce. Once the Divorce Order is made, another 31 days will generally pass before the divorce becomes effective.
The exact timeline will depend on the circumstances of the case, how quickly the necessary documents are completed, and the processing time at the Court. A family lawyer can assist with preparing the required materials and identifying any issues that could delay the divorce.
Attention Legal Counsel: Professional Mediation Services
When your clients have reached an impasse in settlement discussions, Andrew Feldstein offers third-party mediation services specifically designed for cases where both parties have independent legal representation.
Why lawyers refer cases to Andrew:
- 30+ years family law litigation experience providing courtroom-informed reality testing
- Expertise in complex financial matters including business valuations and professional corporations
- Efficient, structured process that respects counsel’s time and maintains client relationships
- Flexible scheduling including virtual mediation and travel to counsel offices
Cases we handle: Negotiation stalemates, complex asset division, support calculation disputes, parenting arrangements, multi-jurisdictional matters, and post-separation modifications.
Refer your next mediation: Call Andrew directly at 905-415-1635 ext. 255 or email info@separation.ca. Virtual and in-person sessions available throughout the GTA.
Categories: Divorce, Uncontested Divorce, Separation