Simple vs Joint Divorce in Ontario: Which Application Type Should You Choose?

When you decide to file for divorce in Ontario, one of the first choices you face is whether to proceed by simple divorce (one spouse files alone) or joint divorce (both spouses file together). The terms can be confusing because neither one necessarily means the divorce is contested or complicated. Understanding the difference helps you avoid unnecessary cost and delay from the start.

This article explains what simple versus joint divorce in Ontario means, what each application requires, and the practical factors that determine which is the better fit for your situation.

The Basics: Two Application Types

Ontario divorce applications are filed in the Superior Court of Justice (or the Family Court branch of the Superior Court in areas where it operates). The court uses a standardized set of forms. The key distinction is who signs the application.

Simple Divorce (One Spouse Files)

A "simple" or "sole" divorce application is filed by one spouse — the applicant — without the other spouse's participation in filing. The other spouse — the respondent — must be formally served with the documents and is given an opportunity to respond.

Simple divorce does not mean the divorce is disputed. The vast majority of simple divorce applications are completely uncontested: the respondent receives the documents, does not file an Answer disputing the divorce, and the court grants the order based on the applicant's sworn materials.

Joint Divorce (Both Spouses File Together)

A joint divorce application is signed by both spouses as co-applicants. No service is required because both parties are already participating. It signals to the court — and to each other — that both spouses agree the marriage is over and are co-operating to end it.

A joint application does not mean all issues are resolved. It means both people are on board with the divorce itself. Outstanding issues like property division, support, and parenting arrangements can still exist and may need to be dealt with separately.

Key Differences Side by Side

When Does a Joint Application Make Sense?

A joint application works well when:

• Both spouses agree the marriage is over and want to proceed efficiently.
• You have already resolved, or nearly resolved, issues of property, support, and parenting arrangements.
• Both spouses are in contact, willing to communicate, and reasonably co-operative.
• You want to avoid the additional step and cost of serving court documents.

Joint divorce applications can move faster because you skip the service phase and the court can see immediately that both parties consent. There is also something to be said for the tone it sets — starting the legal process collaboratively can help preserve a working relationship, particularly when children are involved and you will need to co-parent for years.

When Does a Simple Application Make More Sense?

A simple application is often the right choice when:

• Your spouse is difficult, unresponsive, or refuses to engage with the process.
• You cannot locate your spouse (service rules and substituted service options apply — more on this in our article on serving divorce papers).
• Your spouse agrees the marriage is over but simply will not sign court documents — you do not need their signature to file; you need to serve them.
• There is a history of conflict and you prefer to keep the legal process at arm's length.

Importantly, one spouse can obtain a divorce even if the other spouse refuses to participate. The respondent has the opportunity to respond to a simple application, but if they choose not to, the court can still grant the divorce.

Uncontested Divorce: A Term That Cuts Across Both Types

You will hear the phrase "uncontested divorce" frequently. An uncontested divorce simply means the respondent does not dispute the divorce itself — they do not file an Answer claiming the divorce should not be granted. The vast majority of Ontario divorces — both simple and joint applications — are uncontested in this sense.

An uncontested divorce can be:

• A joint application (both cooperating from the start)
• A simple application where the respondent is served and chooses not to respond

In either case, if only the divorce order is being sought (not corollary relief like support or parenting), the court can often process the matter entirely on paper, without either spouse appearing in court.

What About Children, Property, and Support?

Neither a simple nor a joint application locks in arrangements for children's decision-making responsibility and parenting time, property division, or spousal support automatically. Those issues are dealt with through:

• A separation agreement (a contract signed by both spouses, typically with independent legal advice)
• A corollary relief order requested as part of the divorce application
• A separate court proceeding if the parties cannot agree

Many couples get the divorce order first and sort out property and support separately. Others resolve everything simultaneously. A lawyer can advise you on the best sequence for your specific situation.

Frequently asked questions