What Is an Uncontested Divorce in Ontario and How Do You File One?
An uncontested divorce in Ontario is one where the other spouse does not oppose it, so a judge can decide it on paper. Either spouse can apply and name the other as respondent, or both can file a joint application, which needs both spouses' consent. A respondent served in Canada or the US has 30 days to file an answer, and 60 days if served elsewhere.
The evidence is a sworn Affidavit for Divorce (Form 36), and you also file three copies of a draft Divorce Order (Form 25A). The clerk prepares a Certificate of Clerk (Divorce) (Form 36A) and gives the file to a judge, who can grant the divorce, return the papers for correction, or refuse it after giving you a chance to respond. Rule 36 does not require anyone to attend in person.
Agreeing is not enough on its own. The court must be satisfied that reasonable arrangements have been made to support any children of the marriage, or it delays the divorce. The divorce takes effect on the 31st day after the judgment is made.
Key takeaways
- A joint application needs both spouses' consent, while a sole application names the other spouse as respondent.
- The evidence is a sworn Affidavit for Divorce (Form 36) rather than a hearing.
- A judge reviews the file on paper and can grant it, return it for correction or refuse it.
- The divorce takes effect on the 31st day after the judgment is made.