Uncontested Divorce in Ontario
An uncontested divorce means neither spouse is fighting the other in court. Either one spouse files and the other does not respond (a simple divorce that goes to default), or both spouses file together in agreement (a joint divorce). In both cases, a judge reviews the paperwork at their desk and signs the Divorce Order without a hearing.
Between 64% and 74% of parties in Ontario family-law matters are self-represented at initial filing. The process is bureaucratic rather than adversarial — the challenge is not arguing your case but assembling a clean file that passes the court clerk's review.
What Makes a Divorce Uncontested
A divorce is uncontested when the respondent either agrees to the divorce or chooses not to respond. Specifically:
- Simple (sole) divorce going to default: You file as the sole applicant, serve the respondent, and the respondent does not file a Form 10: Answer within the statutory window (30 days for Canada, 60 for the US, 90 for international). They are noted in default, and the divorce can proceed to the judgment stage without their participation.
- Joint divorce: Both spouses file together as co-applicants. No service is needed because both parties sign the application. No answer period because both parties already agree.
If the respondent files an Answer, the case transitions from uncontested to contested. This changes the cost, timeline, and procedural requirements dramatically — a contested transition typically takes 6 to 12 months and may involve $1,500 to $5,000 in professional fees; a case that goes to trial can take 12 to 36 months or longer and cost $5,000 to over $80,000.
Requirements
Before you can file an uncontested divorce in Ontario, you need:
- Residency: At least one spouse must have been a habitual resident of Ontario for a minimum of one continuous year immediately before filing (section 3(1) of the Divorce Act).
- Grounds: Marriage breakdown — almost always the one-year separation ground. You can file the application at any point after separating, but the final order cannot be granted until the full 365 days have passed.
- Marriage certificate: The original. If it is not in English or French, you need a certified translation.
- Child support compliance (if applicable): Under section 11(1)(b) of the Divorce Act, the judge must verify that reasonable child support arrangements are in place before granting the divorce. If the amount deviates from the Federal Child Support Guidelines, you need documentation explaining why.
Step-by-Step Process
1. Complete Form 8A
The Application (Divorce) form. Your legal names must match the marriage certificate exactly — a single middle initial discrepancy will flag your file. If the names do not match (for example, because of a legal name change), you must explain the discrepancy under oath in your Form 36 Affidavit.
2. File the Application ($224)
Submit through the Ontario Courts Public Portal (Toronto) or Family Submissions Online (rest of Ontario). Pay the $224 Stage One fee. The court issues your application with a file number and seal.
3. Serve the Respondent (Simple Divorce Only)
Rule 6 Special Service — a third party (process server or any person over 18) delivers the documents to the respondent. For a joint divorce, skip this step entirely.
4. Wait for the Answer Period to Expire
30 days (Canada), 60 days (US), 90 days (international). If no Answer is filed, the respondent is noted in default. Joint divorces skip this step.
5. File Proof of Service
The server swears Form 6B: Affidavit of Service before a commissioner (free at the court counter) and you upload it with Form 36A: Certificate of Clerk.
6. Wait for CRDP Clearance
The Central Registry of Divorce Proceedings in Ottawa confirms no other active divorce proceedings exist between you and your spouse. Takes 4 to 6 weeks — runs in parallel with Steps 3 through 5.
7. Submit the Judgment Package ($445)
File Form 36: Affidavit for Divorce (sworn before a commissioner), a typed Form 25A: Divorce Order, and two stamped self-addressed envelopes. Pay the $445 Stage Two fee.
8. Judicial Desk Review
A judge reviews everything in chambers. No court appearance needed. If the paperwork is clean and child support arrangements (if any) comply with the Guidelines, the judge signs the order. Court staff mail copies to both spouses.
9. Wait 31 Days, Then Get the Certificate
The Divorce Order becomes legally effective on day 31 — the statutory appeal window. After that, file Form 36B and pay $25 for the Certificate of Divorce.
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How Long It Takes
An uncontested simple divorce typically takes 4 to 6 months. A joint divorce takes 3 to 5 months because it skips service and the answer period. The fixed bottlenecks — CRDP clearance (4 to 6 weeks), a desk review queue that varies by courthouse, and the 31-day appeal period — apply to both paths.
Can You Do It Without a Lawyer
Yes, and most people do. The forms are free at ontariocourtforms.on.ca, CLEO's Steps to Justice provides guided pathways for completing them, and family court counters offer free commissioner services for swearing affidavits.
The gap is not access to forms — it is knowing the filing sequence, the Continuing Record setup under Rule 9, the redaction requirements under Rule 13, and the service options under Rule 6. These procedural details are where clerk rejections happen.
The Ontario Divorce Filing Process Guide covers the complete uncontested divorce workflow — both simple and joint paths — with pre-filing validation checklists, the Continuing Record procedure, and every form in the correct filing order.
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Download the Ontario — Divorce Filing Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.