How does a joint divorce application work in Ontario?
A joint divorce application is filed by both spouses together as co-applicants, rather than one spouse suing the other. It is the cleanest form of uncontested divorce because both parties are signalling from the outset that they are in agreement. Both spouses sign the application and any supporting affidavits, and there is no need to serve one spouse on the other in the usual adversarial sense.
To file a joint application, you need to have your marriage certificate, a completed Application for Divorce (joint form), and — if there are children — the required affidavit about parenting and child support arrangements. Both spouses' signatures on the affidavit must be commissioned (sworn before a commissioner of oaths or notary public).
Once filed at the Ontario Superior Court of Justice and the court fee is paid, the file is placed before a judge for review. If everything is in order and the one-year separation period has been met, the judge can grant the divorce without either spouse appearing in court. You then wait 31 days for the order to take effect and apply for a Certificate of Divorce if you need one.
Key takeaways
- Both spouses sign the joint application together — no adversarial service is required.
- Children's arrangements and support must be documented in an accompanying affidavit.
- A judge reviews the paperwork without either spouse attending court.
- The divorce order takes effect 31 days after it is signed.