Uncontested Divorce in Ontario: A Step-by-Step Guide

The process of getting a divorce in Canada may be a little confusing, especially since there are a few different routes you can go.  One of those routes is an uncontested divorce, which is available if you and your spouse agree fully on the terms of your separation.

Here is a step-by-step guide to navigating the process of getting an uncontested divorce in Ontario.

Step 1: Confirm Your Eligibility for Divorce

Before proceeding, ensure you meet the basic requirements for divorce under the federal Divorce Act, namely:

• Either or your spouse must have lived in Ontario for at least one year prior to the divorce application.
• You and your spouse must be legally married.
• You must have grounds for divorce, which in an uncontested divorce is usually one year of separation.

Step 2: Obtain the Required Divorce Forms

For an Ontario divorce on an uncontested basis, you need to use specific Forms to make your application. You can obtain them on the Ontario Court Forms website; there is a Checklist of the needed forms available here.

You can also obtain the Forms from your local Family Law courthouse, or from a Family lawyer.

Step 3: Complete the Divorce Application

When obtaining an uncontested divorce from your spouse – and assuming you both agree to the divorce terms – only one of you needs to file the Divorce Application.  In terms of its substantive content, it will contain:

• Sections about your agreement on property division, spousal support, and arrangements for any children (if applicable).
• A spot to attach your Separation Agreement, if you have already reached one together.

Step 4: File the Divorce Application

Submit your completed application to the local Family courthouse.  It will contain:

• Application for Divorce (Form 8A)
• Your original Marriage Certificate or Marriage Registration Certificate
• The Continuing Record and Table of Contents
• Filing Fees (currently about $225).

In some circumstances you may be eligible for a waiver of that fee; in that case you will have to fill out an additional form.

At this stage, a clerk of the Court will review your application to ensure it is complete and properly filled out, and – if so – it will be “issued” by the court.  This means you will be assigned a Court File Number, and your documents will be signed, dated, and receive a court seal.

The clerk then sends your documents onward to the Department of Justice’s Central Registry, which will send back a Clearance Certificate, allowing you to proceed.  This usually takes 4 to 6 weeks.

Step 5: Serve Your Spouse

If you are the applicant, you need to serve your spouse with the filed and court-issued documents; if they are the applicant, they will need to serve you. Some points to note:

• You must do this as soon as possible, and no later than 6 months after your application was issued by the court.
• The documents include a copy of the materials you filed with the court (listed above, and as issued by the court), together with a blank copy of Form 10 (Answer). (These are also available on the Court Forms website, along with instructions on how to fill it out).
• In Ontario, the service of the documents must be done by a third party who is over the age of 18. The person will have to provide an Affidavit of Service, proving that the documents were duly served.

Once served, your spouse will have 30 days to respond (if in Canada) or 60 days (if they live outside Canada).  If your spouse does not file a response, the divorce proceeds as an uncontested one.

(Note: If your spouse does respond with a formal Answer in the proper format, then you will have to take a different approach, and these next steps will no longer apply to you).

Step 6: Submit Your Additional Divorce Documents

If your spouse does not respond within the 30-day time frame, you can proceed by filing the final paperwork. This typically includes:

• Affidavit for Divorce (Form 36), which must be sworn or affirmed
• Your original Marriage Certificate or Marriage Registration Certificate
• If your marriage did not take place in Canada, proof of a previous divorce or death of any prior spouse(s)
• Affidavit of Service (Form 6B), which proves your spouse was served with the documents
• Draft of your Divorce Order (Form 25A)
• Two business-sized envelopes with stamps
• Additional filing fee (currently about $445), or else apply for a Fee Waiver at this stage.

Once submitted, the court will review your documents and, if satisfied, move forward with granting the divorce.

Step 7: Wait for the Court Review and Divorce Order Issuance

A judge will your review the documents and, if all legal requirements are met, issue a Divorce Order to you’re and your spouse.  Since you have applied for an uncontested divorce, a court hearing is usually not required.

Step 8: Obtain Your Certificate of Divorce

Your divorce becomes final 31 days after the judge grants your Divorce Order. You can then request a Certificate of Divorce from the courthouse, which serves as legal proof of your divorce and allows you to remarry if you choose.

Why Choose an Uncontested Divorce?

If you and your spouse have come to an agreement on all your divorce-related issues, then an uncontested divorce could be right for you. Here are some of the benefits:

• Faster Process – Uncontested divorces are typically finalized much sooner than contested ones.
• Lower Costs – Fewer court proceedings and legal disputes mean reduced legal fees.
• Less Stress – A cooperative approach avoids lengthy legal battles and emotional strain.
• More Control – You and your spouse dictate the terms rather than having them imposed by a judge.

And, while it is possible to file for an uncontested divorce without a lawyer, it’s always best to get tailored advice on the process. Feel free to give our offices a call.