Do Both Spouses Have to Attend the Divorce Hearing in Ontario?
Often not. An uncontested divorce is decided on paper, and Rule 36 does not require anyone to attend in person. The clerk presents the file to a judge, who may grant the divorce as drafted, return the papers for correction, or grant it with changes or refuse it after giving the applicant a chance to respond.
Attendance becomes likely when the case is contested. If an answer is filed, a judge must hold at least one conference, subject to exceptions in rule 17(1.1) and (1.2), and the parties attend these conferences. A case conference explores settlement chances and identifies issues in dispute, while a settlement conference aims to settle or narrow them.
Most parties in family cases must also attend a free Mandatory Information Program. In a joint application, the divorce and any other order can be made only with both spouses' consent. Each spouse completes a separate Form 36 affidavit in a joint divorce. Even without a hearing, you still have paperwork and sworn evidence to complete, and a lawyer can tell you whether your case is likely to stay on paper.
Key takeaways
- An uncontested divorce is decided on paper, and Rule 36 does not require anyone to attend in person.
- If an answer is filed, a judge must hold at least one conference, and the parties attend these conferences.
- In a joint application, the divorce and any other order can be made only with both spouses' consent.
- Most parties in family cases must attend the free Mandatory Information Program.