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Uncontested vs Contested Divorce in Ontario

An Ontario divorce ends the marriage. It does not, by itself, divide property or set support. The difference between an uncontested file and a contested one is whether those corollary issues are already settled.

TopicUncontested / jointContested
What is agreedEverything that matters — or there is nothing left to fight aboutParenting, support or property is still in dispute
Typical pathApplication on affidavit evidence; often no courtroomConferences, motions, and possibly a trial
Fee model hereQuoted flat after we see the facts$199 per half-hour after the free first 15 minutes, budget agreed first
Timeline after one year of separationUsually a few months of court processingMonths to longer, driven by conflict and court time
Children and propertySettled in the agreement firstDecided by negotiation under a court timetable, or by a judge

Choose Uncontested / joint when

  • You already have a signed separation agreement
  • There are no children or property left to decide
  • Both spouses will cooperate on a joint application

Choose Contested when

  • Disclosure is being withheld
  • Parenting or support cannot be agreed
  • There is urgency or a safety concern

Frequently asked questions

Can a contested file become uncontested?+

Yes — most do, once an agreement is reached. We settle first whenever we can, then finish the divorce as paperwork.

Do I need my spouse's consent to divorce?+

No. After one year of living separate and apart, either spouse may apply. Consent matters for a joint application, not for the divorce itself.

Not sure which path you are on? Ask in the free first 15 minutes.

Your first 15 minutes are a free intake call. Substantive advice is billed at $199 per half-hour (CAD), and we confirm the rate with you before billed time begins. Meet us by Google Meet video call or in person at 25 Watline Avenue, Unit GR21, Mississauga. Monday to Friday, 9:30 AM – 7:00 PM.