Looking for help? Easy Path Divorce offers flat-fee services for uncontested divorce in Ontario. We prepare, file and manage your uncontested divorce for $599 + HST.
Every divorce in Ontario falls into one of two categories: contested or uncontested. Which one you’re in affects nearly everything: how long it takes, what it costs, and whether you ever see the inside of a courtroom.
What is an uncontested divorce?
An uncontested divorce is one where neither spouse opposes the divorce and there’s nothing for the court to decide. You’ve either agreed on property, parenting and support, or those issues don’t apply. The court can grant the divorce on paper, based on your sworn affidavit. Learn more on our uncontested divorce in Ontario page.
What is a contested divorce?
A contested divorce is one where the spouses disagree about one or more issues, most often parenting arrangements, child or spousal support, or the division of property. Sometimes one spouse disputes the divorce itself, though that’s rare. When there’s a dispute, the court process involves:
- an application and an answer;
- financial disclosure (sworn financial statements);
- case conferences and settlement conferences with a judge;
- possibly motions for temporary orders; and
- if no settlement is reached, a trial.
Contested vs uncontested divorce: side by side
| Uncontested divorce | Contested divorce | |
|---|---|---|
| Disputes | None | One or more |
| Court appearances | Rarely any | Usually several |
| Typical timeline after filing | Often 2–4 months | Often 1–3 years or more |
| Typical total cost | About $1,000–$2,000 with flat-fee help | Often tens of thousands per spouse |
| Privacy | High | Lower; more on the court record |
| Stress | Lower | Higher |
How to know which one you’re in
Ask yourself:
- Do we both agree the marriage is over?
- Have we agreed on who keeps what, and who pays what?
- Have we agreed on a parenting schedule and child support?
- Is either of us asking the court to decide anything other than the divorce?
If you answered yes to the first three and no to the fourth, you’re likely looking at an uncontested divorce.
Moving from contested to uncontested
Many divorces that start out contested end up uncontested. Common routes include:
- negotiation, directly or through lawyers;
- mediation with a neutral mediator;
- collaborative family law; and
- settlement conferences within the court process.
Once you agree, the terms are written into a separation agreement or minutes of settlement, and the divorce can proceed on an uncontested basis.
Requirements for an uncontested divorce in Ontario
- At least one year of separation by the time the divorce is granted.
- At least one year of residence in Ontario by either spouse before filing.
- No unresolved disputes.
- Reasonable child support arrangements if you have children.
For the full process, read the uncontested divorce process step by step.
Getting help
If your divorce is uncontested, our flat-fee uncontested divorce in Ontario service handles it start to finish for $599 plus court fees. If it’s contested, we’ll tell you honestly and point you toward the right help.
Frequently asked questions
What is the difference between a contested and an uncontested divorce?
In an uncontested divorce, nobody opposes the divorce and there are no disputes for a judge to decide. In a contested divorce, the spouses disagree about something, such as parenting, support or property, and the court has to resolve it.
Is an uncontested divorce cheaper?
Much cheaper. An uncontested divorce can cost around $1,000 to $2,000 in total with flat-fee help. Contested divorces often cost tens of thousands of dollars per spouse.
Can a contested divorce become uncontested?
Yes. If you resolve your disputes through negotiation, mediation or a settlement conference, you can sign an agreement and finish the divorce on an uncontested basis.
Uncontested Divorce Ontario: We prepare, file and manage your uncontested divorce for $599 + HST.
See our uncontested divorce serviceThis article is general legal information for Ontario residents, not legal advice about your situation. Laws, court forms and fees change; contact us to confirm how they apply to you.