- A simple divorce application is for divorce only, with no support or property claims in it.
- A joint application avoids a respondent, but the divorce can be made only with both spouses' consent.
- A divorce takes effect on the 31st day after the judgment is made, and the court can order an earlier date only if special circumstances justify it and the spouses agree and undertake that no appeal will be taken, or any appeal has been abandoned.
People often ask whether Ontario has a quick, easy divorce. The simpler route is an application for divorce only, with no other claim such as support or property in it, which one spouse can start or both spouses can file jointly.
This article explains what makes a divorce simple, who is likely to qualify, and when things get more involved. If your situation has complications, a lawyer can tell you which route fits.
What makes a divorce simple
A simple divorce application is for divorce only. No other claim, such as support or property, can be made in it. That means the practical issues, such as parenting, support and dividing property, are usually settled separately between you.
Either spouse may start the case with an application naming the other as respondent, or both spouses can file a joint application with no respondent. In a joint application, the divorce and any other order can be made only with the consent of both spouses.
Who qualifies
The only ground for divorce under the Divorce Act is breakdown of the marriage. The usual way to show it is that you have lived separate and apart for at least one year before the divorce is decided and were living separate and apart when the proceeding started.
- Residence: an Ontario court can hear a divorce if either spouse has been habitually resident in Ontario for at least one year immediately before the proceeding starts.
- Separation: spouses are treated as living separate and apart for any period during which they lived apart and either spouse intended to live separately.
- Reconciliation attempts: the one-year period is not treated as interrupted if you resumed living together for periods totalling not more than 90 days, mainly to try to reconcile.
- Foreign marriages: a marriage performed under the laws of another country can be ended by divorce in Canada if Canada recognizes it and the residence requirement is met.
There is a limited alternative to the one-year wait: breakdown is also shown if the other spouse has committed adultery or treated you with physical or mental cruelty that makes continued cohabitation intolerable. When a divorce is based on adultery or cruelty, the court must also be satisfied that the spouse bringing the proceeding has not condoned or connived at it, and living together again for 90 days or less, mainly to reconcile, is not condonation. How these grounds apply depends on your situation, so it is worth confirming with a lawyer.
Some couples separate but keep living in the same house, and a lawyer can explain what courts may consider when deciding whether spouses are separated.
How a simple divorce moves along
If your spouse is the respondent, they must be specially served by someone other than you. The respondent then has 30 days after service to serve and file an answer, or 60 days if they are served outside Canada and the United States. If no answer is filed and no extra time was requested, the applicant can take steps toward an uncontested trial decided on the applicant's evidence.
The court cannot grant a divorce until a marriage certificate (or an explanation of why one is impractical) and the Central Registry report are filed. The judge must also be satisfied that there is no collusion and that reasonable arrangements have been made for the support of any children of the marriage.
Even after the judgment, the divorce takes effect on the 31st day after the judgment is made. The court may order an earlier date if special circumstances justify it and the spouses agree and undertake that no appeal will be taken, or any appeal has been abandoned. Once it takes effect, the divorce dissolves the marriage and has legal effect throughout Canada.
When it is not simple
If your spouse files an answer, the case is contested, and a judge must hold at least one conference. Contested cases can move through case conferences, settlement conferences and trial management steps, and a trial may be needed if issues remain unresolved.
| Situation | Likely route |
|---|---|
| Both spouses agree and want only a divorce | Joint application |
| One spouse files, the other does not answer | Uncontested path after the answer period (30 days, or 60 if served outside Canada and the United States) |
| Spouse files an answer or you also claim support or property | Not a simple divorce application; contested steps may apply |
| Spouse cannot be found | Court may order substituted service, or that service is not required |
Also remember that a divorce does not itself divide property. An equalization claim has its own deadline, which is the earliest of two years after a divorce or nullity judgment, six years after separation with no reasonable prospect of resuming cohabitation, or six months after the first spouse's death. The court may extend the time if there are apparent grounds for relief, the delay was in good faith, and no one will suffer substantial prejudice.
What to do next
- Confirm your separation date and whether you have been apart for a year.
- Confirm that you or your spouse has lived in Ontario for at least a year.
- Find your marriage certificate.
- Decide with your spouse whether a joint application is realistic.
- Settle parenting, support and property terms in writing before or alongside the divorce.
- Ask a lawyer if you are unsure whether your case is simple.
A licensed paralegal who is a family legal services provider may represent a party in an uncontested divorce, or one started by joint application, if the only claim is for divorce and the parties ordinarily live in Canada.
Frequently asked questions
Is there a way to skip the one-year separation?
Yes, in limited cases. Breakdown is also shown if the other spouse committed adultery or treated you with physical or mental cruelty that makes continued cohabitation intolerable. These situations can lead to disputes, so get legal advice first.
Can we live together and still count as separated?
Some couples separate but keep living in the same house. Spouses are treated as separated for any period during which they lived apart and either spouse intended to live separately. A lawyer can explain what courts may consider when deciding whether spouses are separated.
Do we both have to sign for a joint divorce?
A joint application is filed by both spouses, and the divorce and any other order can be made only with both spouses' consent.
How soon is the divorce final?
A divorce takes effect on the 31st day after the judgment is made. The court may order an earlier date only if special circumstances justify it and the spouses agree and undertake that no appeal will be taken, or any appeal has been abandoned.
Sources
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 8 — Justice Laws (federal)
- Department of Justice Canada – How to Apply for a Divorce — justice.gc.ca
- Divorce Act, s. 3(1) — Justice Laws (federal)
- Divorce Act, s. 11(1) — Justice Laws (federal)
- Family Law Rules, O. Reg. 114/99, r. 36(1) — Ontario e-Laws
- Superior Court of Justice – The Steps in a Family Case — ontariocourts.ca
- Family Law Act, ss. 7(3), 2(8) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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