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If you’re planning a divorce in Ontario, you’ll quickly come across two terms: simple divorce and joint divorce. Both end your marriage with the same divorce order from the Ontario Superior Court of Justice, and both are usually uncontested. The difference is who files and what happens next.
What is a simple divorce?
A simple divorce is filed by one spouse (the applicant) asking the court only for a divorce, with no orders about property, support or parenting. The other spouse (the respondent) must be formally served with the application by someone other than the applicant, usually a process server. They then have 30 days to respond if served in Canada or the U.S., or 60 days if served elsewhere.
If the respondent doesn’t file an answer, the case proceeds as uncontested and the applicant asks a judge to grant the divorce. For a deeper definition, see what is a simple divorce in Ontario?
What is a joint divorce?
A joint divorce is filed by both spouses together as co-applicants. You both sign the application and the affidavits, and you ask the court for the same outcome. Because nobody is on the “other side,” there’s no service and no response period.
Simple vs joint divorce: side by side
| Simple divorce | Joint divorce | |
|---|---|---|
| Who files | One spouse | Both spouses |
| Form used | Form 8A | Form 8A |
| Serve your spouse? | Yes, by a third party | No |
| Response period | 30 days (60 if outside Canada/U.S.) | None |
| Court fees | $669 | $669 |
| Extra costs | Process server | None |
| Best for | Spouse agrees but won’t sign, or is hard to reach | Spouses who cooperate fully |
Which should you choose?
Choose a joint divorce if you and your spouse are on good terms and both willing to sign. It’s simpler, avoids the cost of service, and is usually faster.
Choose a simple divorce if your spouse agrees to the divorce but doesn’t want to be involved, lives far away, or is slow to respond. You stay in control of the process without needing their signature. A simple divorce is also the route when you can’t locate your spouse, although special rules apply; see divorcing a missing spouse.
What both options have in common
- You must have been separated for at least one year before the divorce is granted (you can file earlier).
- You or your spouse must have lived in Ontario for at least one year before filing.
- If you have children, the court must be satisfied that reasonable child support arrangements are in place.
- In most cases, no one goes to court. A judge reviews the file on paper.
Getting help
The application paperwork is identical in structure for both routes, and small mistakes cause delays either way. Easy Path Divorce prepares simple and joint divorce applications for a flat fee. Learn more about our simple divorce in Ontario service, or compare the filing mechanics in joint vs sole divorce application.
Frequently asked questions
Is a joint divorce faster than a simple divorce in Ontario?
Usually, yes. A joint divorce has no service step and no 30-day response period, so it can be sent to a judge right after filing. A simple divorce must wait for service and the response period first.
Do simple and joint divorces cost the same?
The court fees are the same: $669 in total. A simple divorce may add the cost of a process server to deliver the papers to your spouse.
Can we switch from a simple to a joint divorce?
If your spouse later agrees to sign, it is often easier to start a joint application. A lawyer can advise whether to continue the existing case or start fresh.
Simple Divorce Ontario: Flat-fee simple divorce for Ontario residents, from $399.
Start your simple divorceThis 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.