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When you start a divorce in Ontario, one of the first decisions is whether to file a joint divorce application with your spouse or a sole application on your own. Both use Form 8A, both lead to the same divorce order, and both are suitable for uncontested divorces. The mechanics are different.
Joint divorce application
In a joint application, both spouses are co-applicants. You both sign Form 8A and the supporting affidavits.
Advantages:
- No service. Nobody has to be served with court papers.
- No response period. The case can be set down for a judge right after it’s issued.
- No process server cost.
- Cooperative tone, which can make everything else easier.
What’s needed: both spouses willing to sign, agreement on every issue, and both able to swear or affirm an affidavit before a commissioner. You don’t need to be in the same place to sign.
Sole divorce application
In a sole (simple) application, one spouse is the applicant and the other is the respondent. Only the applicant signs Form 8A.
What’s extra:
- The issued application must be personally served on the respondent by a third party, usually a process server.
- The server completes Form 6B: Affidavit of Service.
- The respondent has 30 days to respond (60 if served outside Canada and the U.S.).
When it’s the right choice: your spouse agrees but won’t sign, lives far away, is slow to respond, or can’t be located (special rules apply).
Side-by-side comparison
| Joint application | Sole application | |
|---|---|---|
| Who signs Form 8A | Both spouses | Applicant only |
| Service | Not required | Personal service required |
| Response period | None | 30 days (60 outside Canada/U.S.) |
| Court fees | $224 + $445 | $224 + $445 |
| Process server | No | Yes |
| Typical speed | Faster | Slightly slower |
The joint divorce application fee and the sole application fee are the same. See divorce application fees in Ontario.
Decision guide
- Will your spouse sign? If yes, go joint. If no, go sole.
- Is your spouse easy to reach? If not, a sole application lets you proceed without waiting on them.
- Is speed important? Joint is usually faster.
- Do you both agree on everything? Either way, unresolved disputes mean the divorce isn’t uncontested.
For the bigger-picture comparison, see simple vs joint divorce in Ontario.
Requirements for either application
- One year of separation before the divorce is granted.
- One year of Ontario residence by either spouse before filing.
- Reasonable child support arrangements, if you have children.
Get your application prepared
Our divorce application in Ontario service prepares joint and sole applications for $399 plus HST, or let us handle everything with our uncontested divorce service.
Frequently asked questions
Is a joint divorce application cheaper than a sole application?
The court fees are identical ($669 in total), but a joint application avoids paying a process server, so it is often slightly cheaper overall.
Can my spouse and I sign a joint divorce application in different places?
Yes. Spouses can sign separately, even in different cities or countries, as long as each signature and affidavit is properly witnessed or commissioned.
What if my spouse agrees to the divorce but won't sign a joint application?
File a sole (simple) application. Your spouse is served and has 30 days to respond. If they don't oppose it, the divorce proceeds as uncontested.
Divorce Application Ontario: Your Form 8A divorce application prepared and reviewed for $399 + HST.
Get your divorce application preparedThis 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.