What are the steps in an uncontested divorce in Ontario?
An uncontested divorce in Ontario generally follows these key steps. First, ensure you have been separated for at least one year. Second, gather your documents: original or certified marriage certificate (with certified translation if in another language), and any children's arrangements documentation if applicable.
Third, complete the court forms — either a joint application signed by both spouses, or a sole application if only you are filing. Both options require supporting affidavits. Fourth, file the completed forms and pay the court filing fee at the Ontario Superior Court of Justice. For a sole application, you then arrange for personal service on your spouse and file the affidavit of service.
Fifth, wait for a judge to review your materials on a desk basis. This can take several weeks to a few months depending on the courthouse. If the judge is satisfied with everything, they sign the divorce order. Sixth, wait the mandatory 31 days for the order to take effect. Seventh, apply for a Certificate of Divorce from the court registrar if you need proof that the divorce is final.
At any point during this process, a family lawyer can assist with completing forms correctly, addressing any issues the court raises, and ensuring your rights are protected.
Key takeaways
- The process starts with one year of separation and gathering your marriage documents.
- Complete and file the application at Ontario Superior Court; pay the filing fee.
- A judge reviews the file on paper — no hearing required for uncontested matters.
- The divorce order takes effect 31 days after signing; then request a Certificate of Divorce.