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For most people, the idea of standing in a courtroom is the scariest part of divorce. Here’s the good news: in Ontario, uncontested divorces almost never require a court appearance.
How a judge decides an uncontested divorce
An uncontested divorce is decided on paper. Once your application has been filed (and served, in a sole application), you file:
- Form 36: Affidavit for Divorce, your sworn evidence of the facts;
- Form 25A: Divorce Order, the draft order; and
- your marriage certificate and any child support information.
A judge reviews these documents in chambers. If everything is complete and correct, the judge signs the order. Neither spouse needs to attend.
Does an uncontested divorce go before a judge?
Yes. Only a judge can grant a divorce. But “going before a judge” in an uncontested divorce means a judge reading your file, not a hearing.
When might you have to go to court?
It’s uncommon, but a judge may ask for more information, or occasionally a short appearance, if:
- the child support arrangements aren’t clear or seem below the Guidelines without explanation;
- the separation date or other facts are inconsistent; or
- documents are missing or improperly sworn.
Most of these issues are resolved in writing by correcting and resubmitting documents. Careful preparation is the best way to avoid them.
What happens in an uncontested divorce, step by step
- Application filed with the Superior Court of Justice.
- Spouse served (sole applications only); response period passes.
- Affidavit for divorce and draft order filed.
- Judge reviews the file and signs the order.
- Divorce takes effect 31 days later.
- You order your certificate of divorce if you need it.
See the full uncontested divorce step-by-step process.
What about contested divorces?
When spouses disagree, the process includes case conferences, settlement conferences, motions and possibly a trial, all with court appearances. That’s the key practical difference; see contested vs uncontested divorce.
Skip the courtroom
Our flat-fee uncontested divorce in Ontario service prepares your affidavit and documents carefully so the judge has everything needed to grant your divorce on paper.
Frequently asked questions
Does an uncontested divorce go before a judge?
Yes, a judge reviews and signs the divorce order, but in most uncontested cases this happens on paper, without you or your spouse appearing in court.
When might I have to attend court for an uncontested divorce?
Rarely. A judge might ask for more information or a short appearance if something in the file is unclear, such as the child support arrangements.
What happens after the judge signs the divorce order?
The order is sent to you, and the divorce takes effect 31 days later unless there is an appeal. You can then order a certificate of divorce.
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.