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Family Law · Ontario

An uncontested divorce, handled properly.

An uncontested divorce is not a lesser divorce. It is the same court order, obtained without a fight — which is why the work is procedural precision rather than argument.

How it works

Step by step

  1. Confirm the ground for divorce and the separation date
  2. Settle the surrounding issues, usually by agreement
  3. Application prepared and filed
  4. Service on the other spouse, properly documented
  5. Divorce order, then the certificate

Our family law work starts at $1,693.87, taxes included and published on our pricing page. Disbursements and government fees are extra and billed at cost.

What makes a divorce uncontested

A divorce is uncontested when neither spouse disputes it and the issues around it — property, support, parenting — are either already settled or not in play. The federal Divorce Act sets the grounds, and by far the most common is that the spouses have lived separate and apart for one year.

That year must be complete when the divorce is decided, not when the application is filed. You can start before the year is up. People routinely wait unnecessarily because nobody told them that.

Divorce is federal, but it is granted by the Superior Court of Justice — the Ontario Court of Justice cannot grant one, however much of your family matter it otherwise handles.

Divorce, annulment and separation are three different things

A divorce ends a valid marriage. An annulment is a declaration that there was never a valid marriage to begin with, available only in narrow circumstances — it is far rarer than internet searches suggest, and being unhappily married is not one of the grounds.

Separation is a factual state, not a court order. You are separated when you begin living separate and apart, which can happen under one roof. There is no such thing as a certificate of separation in Ontario; a separation agreement is a contract, not a court document.

What the court still checks

Even uncontested, a judge will not simply rubber-stamp the paperwork. Where there are children, the court must be satisfied that reasonable arrangements for child support have been made. An application that is silent on support is the most common reason an otherwise simple divorce comes back.

The mechanics matter too — correct service on the other spouse, a marriage certificate the court will accept, and forms that match the facts. Most rejected applications are rejected on process, not on substance.

Questions

Common questions

How long does an uncontested divorce take in Ontario?

It depends on court volume, which varies by location. The controlling legal requirement is that the one-year separation is complete when the divorce is decided; beyond that, the timeline is administrative.

Can we file before we have been separated a year?

Yes. The year must be complete when the divorce is granted, not when the application is filed, so the application can be started earlier.

Do we need a separation agreement first?

Not strictly, but it is usually the sensible order. Settling property, support and parenting in an agreement is what keeps the divorce itself uncontested.

What if we agree on everything except one issue?

Then it is not uncontested, and a flat quote for an uncontested divorce would be misleading. We will say so, and price the actual work.

Which court grants the divorce?

The Superior Court of Justice. The Ontario Court of Justice hears parenting, support, protection and adoption but cannot grant a divorce or divide property.

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Official resources

Government sources for this topic. Rules change — confirm the current position before you rely on it.

This page is general information, not legal advice. Reading it does not create a lawyer-client relationship. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070.

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