What is the difference between a sole and joint divorce application in Ontario?
A joint divorce application is signed by both spouses together at the outset. Both are co-applicants, both provide sworn affidavits, and no formal service of documents on the other party is required because both are already participating. Joint applications signal complete agreement from the start and are typically the cleanest and most efficient option.
A sole application is filed by one spouse alone (the applicant) against the other (the respondent). The respondent must be personally served with the filed documents and given time to respond. If the respondent chooses not to file a response, the divorce proceeds on an undefended basis — the respondent is simply absent rather than agreeing, though the legal effect is the same.
A sole application might be necessary when your spouse is uncooperative or when you cannot locate them. It can also be used when you simply have not coordinated with your spouse to get their signature on a joint application, even if there is no dispute. In practice, if you and your spouse agree on everything, filing jointly is almost always preferable because it eliminates the service requirement and the waiting period for a response.
Both forms produce the same legal outcome — a divorce order — if everything is in order.
Key takeaways
- Joint applications are signed by both spouses; no service is required.
- Sole applications name the other spouse as respondent; personal service is required.
- Both produce the same divorce order if the matter is uncontested.
- A joint application is generally faster and simpler if both spouses are cooperating.