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This is the complete uncontested divorce process in Ontario, from the day you separate to the day you have your certificate of divorce. Every step applies to both joint and sole applications unless noted.
Step 1: Separate and start the one-year clock
The ground for almost every Ontario divorce is living separate and apart for at least one year. Your separation date is the day the relationship ended, even if you stayed under the same roof for a while. You can file before the year ends, but the divorce can’t be granted until it has passed. See living separate and apart.
Step 2: Agree on the important issues
For an uncontested divorce, there must be nothing left to fight about. That usually means agreeing on:
- property and debts;
- parenting time and decision-making responsibility;
- child support under the Federal Child Support Guidelines; and
- spousal support, or a release of it.
Putting this in a separation agreement is strongly recommended.
Step 3: Check the requirements
- Either spouse has lived in Ontario for at least one year immediately before filing.
- You’re legally married (anywhere in the world).
- No unresolved disputes.
- If you have children, reasonable child support is in place.
Step 4: Gather documents
- Marriage certificate (translated if not in English or French)
- Full names, dates of birth and addresses
- Date of separation
- Children’s details and child support information
- Any separation agreement or court order
Step 5: Choose joint or sole, and prepare Form 8A
Decide whether you’ll apply jointly (both sign, no service) or solely (one files, the other is served). Compare them in uncontested vs joint divorce. Then complete Form 8A: Application (Divorce). See uncontested divorce forms.
Step 6: File with the Superior Court of Justice
File online or in person and pay the $224 filing fee. The court issues the application with a file number.
Step 7: Serve your spouse (sole applications only)
A process server personally serves your spouse and completes Form 6B: Affidavit of Service. Your spouse has 30 days to respond (60 if served outside Canada and the U.S.).
Step 8: File the affidavit for divorce and set the case down
File Form 36: Affidavit for Divorce, Form 25A: Divorce Order, your marriage certificate and child support details, and pay the $445 set-down fee.
Step 9: The judge reviews your file
A judge reviews everything in writing. In most uncontested cases there’s no hearing; see do uncontested divorces go to court? If anything is missing, the court will ask you to fix it.
Step 10: The divorce takes effect
The divorce becomes final 31 days after the order is signed, unless there’s an appeal. Then you can order your certificate of divorce ($25).
How long does all this take?
After filing, many uncontested divorces are granted in about 2 to 4 months. Details in how long an uncontested divorce takes.
Let us handle the process
Our flat-fee uncontested divorce in Ontario service covers steps 4 through 10 for $599 plus court fees, prepared and managed under a licensed Ontario lawyer.
Frequently asked questions
What are the requirements for an uncontested divorce in Ontario?
One year of separation by the time the divorce is granted, at least one year of Ontario residence by either spouse before filing, no unresolved disputes, and reasonable child support if you have children.
What documents are needed for an uncontested divorce?
Your marriage certificate, the details of both spouses, your separation date, children's information and child support details if applicable, and any separation agreement or court order.
How many steps are in an uncontested divorce?
Roughly eight: separate, reach agreement, prepare the application, file it, serve your spouse (sole applications only), file the affidavit for divorce, judge's review, and the 31-day period before the divorce takes effect.
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.