Simple Divorce vs Joint Divorce in Ontario

Ontario has two paths for an uncontested divorce: a simple (sole) divorce where one spouse files as the Applicant and serves the other, and a joint divorce where both spouses file together as Co-Applicants. They use the same court, cost the same in filing fees, and both end with a desk review — no court appearance. The difference is in who initiates, what forms you need, and how long the process takes.

Side-by-Side Comparison

When to Choose a Simple Divorce

A simple divorce is the required path if:

• Your spouse will not cooperate or sign anything
• You cannot locate your spouse (you can apply for substituted service or an order to dispense with service)
• You are relying on the ground of adultery

It may be the practical choice if your spouse lives outside Canada and coordinating joint signatures would be impractical.

It is also the safer choice if there is any chance your spouse might later contest the divorce. In a simple divorce, if the respondent does not file a Form 10: Answer within the statutory window, they are noted in default and lose the right to participate in subsequent proceedings.

The tradeoff is time. You must serve the documents through a third party under Rule 6 Special Service, then wait out the full answer period before you can move to the judgment stage. For a respondent in Canada, that adds a minimum of 30 days plus the time to arrange and prove service.

When to Choose a Joint Divorce

A joint divorce is faster and eliminates the entire service process. Both spouses sign the same application, so there is no respondent, no service requirement, no Form 6B, and no answer period.

This path works when:

• Both spouses agree on everything — the separation date, any parenting arrangements, and any support terms
• Both spouses can coordinate being in the same city (or arrange for each to swear their affidavits before separate commissioners)
• Neither spouse is relying on adultery as the ground

The main challenge is logistical: both parties need to sign and have their signatures commissioned, which requires coordination. If one spouse delays or refuses to sign after initially agreeing, the joint application stalls and you may need to restart as a sole applicant.

What Both Paths Share

Both simple and joint divorces in Ontario:

• Are filed in the Ontario Superior Court of Justice (the Ontario Court of Justice cannot grant divorces)
• Require the one-year residency rule — at least one spouse must have been a habitual resident of Ontario for one continuous year immediately before filing
• Cost the same $694 in court fees (or $0 with a fee waiver)
• End with a judicial desk review — a judge reviews the written materials in chambers without a hearing
• Require a 31-day appeal period after the judge signs the Divorce Order before it takes legal effect
• Require a separate Certificate of Divorce (Form 36B, $25) if either party wants to remarry

Both paths also require a Continuing Record organized under Rule 9, with proper tab numbering and a Cumulative Table of Contents. Both require redaction of personal identifiers under Rule 13.

The "Desk Divorce" Shortcut

You will sometimes hear the term "desk divorce" in Ontario. This is not a separate legal path — it simply refers to the fact that uncontested divorces (whether simple or joint) are decided by a judge reading paper documents at their desk rather than hearing arguments in a courtroom. Both simple and joint divorces are desk divorces.

Which Path Is Actually Faster

A joint divorce typically finishes in 3 to 5 months because you skip service and the answer period entirely. A simple divorce runs 4 to 6 months because of the service and waiting requirements.

Both paths share the same bottleneck: the CRDP clearance from Ottawa (4 to 6 weeks) and the judicial desk review queue (varies by courthouse). The time difference between the two comes down almost entirely to whether you need to serve papers.

If you are weighing your options, the Ontario Divorce Filing Process Guide covers both paths with step-by-step checklists, pre-filing validation worksheets, and the complete forms sequence for each route.

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