Uncontested Divorce

What Is an Uncontested Divorce?

An uncontested divorce, also known as a simple divorce, is when both spouses agree to the terms of their separation and there are no disputes requiring court intervention. This type of divorce typically moves faster and is less expensive compared to a contested divorce, where disagreements must be resolved in court. Typically, an Uncontested Divorce is sought after the parties sign a Separation Agreement.

  • To file for an uncontested divorce in Ontario, you must meet the following criteria:

    • You or your spouse must have lived in Ontario for at least one year.

    • You must have been separated for at least one year (or prove other grounds for divorce such as adultery or cruelty).

    • Both spouses must agree on key issues, including property division, child related issues such as major decision- making (formerly known as custody) and parenting time (formerly known as access), and spousal/child support (if applicable).

    1. Prepare the Application – Complete Form 8A (Application for Divorce) and any required financial or parenting documents.

    2. Issue the Application – Submit your documents to the Ontario Superior Court of Justice.

    3. Serve Your Spouse – If filing a sole application, you have your spouse served with the divorce application.

    4. Wait for Response – If your spouse does not contest the divorce, the court can proceed with processing.

    5. Obtain the Divorce Order – If everything is in order, the court will grant a Divorce Order, and after 31 days, the divorce is legally finalized.

    6. Obtain the Certificate of Divorce – After the 31st day of the Divorce Order, you apply for the Certificate of Divorce, which is an official document that serves as proof that serves as proof that a marriage has legally ended.

  • I offer flat-fee uncontested divorce services for $1,900*, including court costs and HST for couples who meet the uncontested divorce requirements. I will handle all aspects of the process including preparation, filing and issuance of all court documents, all court costs, serving the other party, ensuring a smooth and stress-free process from start to finish. If you're looking for an affordable and efficient way to finalize your divorce, contact me today to get started.

    *Please be advised that in the event that the Respondent files an Answer, then your Application becomes contested, which will mean this fee will not apply.

  • While a Separation Agreement outlines the terms of your separation, it does not legally end your marriage. Obtaining a divorce after signing a Separation Agreement is important to obtain legal closure, finality and peace of mind.

    If you and your spouse are able to reach an agreement, an uncontested divorce is the simplest and most amicable way to move forward. Seeking legal advice can ensure your rights and interests are protected, even if the process is straightforward.

    To learn more, reach out to schedule a free 30 minute consultation and find out if an uncontested divorce is the right solution for you.