Can You Get a Divorce in Ontario Without Going to Court?
Yes, often. An uncontested divorce in Ontario is decided on paper, so you may never have to appear in a courtroom. The clerk prepares a Certificate of Clerk (Divorce), Form 36A, and presents the file to a judge, and Rule 36 does not require anyone to attend in person.
The paper route depends on the file being complete. The evidence is an affidavit, Form 36, that confirms the application and gives the child support arrangements and financial information. The court will not grant the divorce until it has your marriage certificate and a report from the Central Registry of Divorce Proceedings on any earlier divorce cases, although it can grant the divorce without the original marriage certificate if it accepts the explanation in your Form 36 affidavit. A judge may also return the papers for correction, or refuse the divorce after giving the applicant a chance to respond.
If an answer is filed, a judge must hold at least one conference, subject to exceptions in the Family Law Rules, and the parties attend these conferences. A simple or joint divorce can be filed online. Because every file differs, a lawyer can confirm which route fits yours.
Key takeaways
- An uncontested divorce is decided on paper, and Rule 36 does not require anyone to attend in person.
- The evidence is an affidavit (Form 36), and the court also needs the marriage certificate and a Central Registry of Divorce Proceedings report.
- A judge can return the papers for correction or refuse the divorce after giving the applicant a chance to respond.
- If the other spouse files an answer, a judge must hold at least one conference, subject to exceptions.