Uncontested Divorce in Ontario, Step by Step

What makes a divorce uncontested

A divorce is uncontested when your spouse does not oppose it — either because you file jointly, or because they take no steps to respond after being served. It is the fastest and least expensive way to legally end a marriage in Ontario, and it is how the large majority of divorces actually conclude.

Uncontested does not mean unresolved: parenting, support and property should be settled in a separation agreement before or alongside the divorce, so nothing is left to flare up later.

Requirements

• You were legally married (in Canada or abroad)
• One spouse has lived in Ontario for at least one year before filing
• The marriage has broken down — almost always shown by one year of living separate and apart (you can be separated under the same roof, with evidence)
• Reasonable arrangements are in place for support of any children — the court checks this before granting the divorce

The steps

• Prepare and file the divorce application (simple, sole application — or a joint application signed by both spouses)
• Serve your spouse (not needed for joint applications) and file proof of service
• After the response period passes with no answer, file the affidavit for divorce and draft order
• A judge reviews the paperwork — usually no hearing at all
• The divorce order is granted and takes effect on the 31st day; the certificate of divorce can then be ordered, which you need to remarry

Timelines and costs

Most uncontested divorces complete within roughly three to six months of filing, depending on the court's queue. Court filing fees are currently several hundred dollars, paid in two stages, on top of legal fees.

We quote a flat fee for uncontested divorces at the consultation — first 15 minutes free — and we will tell you honestly whether your situation actually qualifies as simple, before you spend a dollar on it.