Joint Divorce vs Simple Divorce in Yukon: Which to File

When both spouses agree that the marriage is over, the Yukon offers two cooperative pathways: a joint divorce (both spouses file together) or a simple sole divorce (one spouse files and the other does not contest). Both result in a desk order — no court appearance needed — but they differ in procedure, restrictions, and speed.

What Is a Joint Divorce

In a joint divorce, both spouses sign the Statement of Claim as co-plaintiffs. Because both parties initiate the proceeding together, there is no need for personal service of process. Neither spouse has to arrange for a third party to deliver documents to the other. Neither spouse needs to file an Appearance or Defence. Both simply sign the initiating documents and the desk order package together.

This makes the joint pathway faster — typically three to five months — because it eliminates the service step and the response waiting period entirely.

The Key Restriction

Joint divorces have one significant legal limitation: they can only be filed on the ground of one-year separation. If either spouse wants to proceed on grounds of adultery or cruelty, a joint application is not available under the Divorce Act.

This restriction applies even if both spouses completely agree on everything. If you want a faster divorce based on adultery or cruelty (which can potentially bypass the one-year separation period), one spouse must file as the sole plaintiff and the other must be served.

What Is a Simple Sole Divorce

In a simple sole divorce, one spouse files Form 91A as the plaintiff. The other spouse is named as the defendant and must be personally served with the documents. The plaintiff cannot serve the papers themselves — a third party over 18 must do it.

After service, the defendant has a window to respond (7 days for service in the Yukon, up to 42 days for international service). If they file an Appearance but no Defence — or simply let the deadline pass — the case proceeds as uncontested and the plaintiff files the desk order package.

This path takes four to six months on average.

Side-by-Side Comparison

Which Should You Choose

Choose a joint divorce if: both spouses are cooperative, you are proceeding on one-year separation grounds, and you want to avoid the hassle and cost of arranging personal service. This is the simplest and fastest option when both parties are on the same page.

Choose a simple sole divorce if: you are proceeding on grounds of adultery or cruelty, your spouse is cooperative but one of you prefers to handle the filing alone, or your spouse is willing to consent by simply not responding. You will need to arrange and pay for service of process.

Neither option works if: your spouse plans to dispute the terms. If a Statement of Defence is filed, the case becomes contested regardless of which pathway you started with.

Both pathways end the same way — a Supreme Court judge reviews the file at their desk and signs the Divorce Order. The Yukon Divorce Filing Process Guide covers both processes with separate checklists for joint and sole filings.

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