What is an uncontested divorce and how does it work in Ontario?

An uncontested divorce in Ontario is one where both spouses agree that the marriage is over and there are no outstanding disputes about property, support, or children that require a judge to decide. It is sometimes called a "simple" or "desk" divorce because the judge reviews the paperwork without the parties needing to appear in court.

For an uncontested divorce, both spouses typically sign an agreement resolving all issues, or confirm there are no issues to resolve (for example, there are no children and no property division claims). One spouse then applies to the Superior Court of Justice using the required forms. The application is served on the other spouse. If neither party contests anything, the court reviews the paperwork and, if everything is in order, grants a divorce order.

The main requirement is still the one-year separation period. You cannot get an uncontested divorce before that year is up.

The court in Ontario charges a filing fee. Processing times vary by court location. Once the divorce order is issued, either party can request a certificate of divorce, which is the document that proves the marriage is legally ended and is needed to remarry.

Uncontested divorces do not always require a lawyer, though many people still use one to ensure the paperwork is completed correctly.