Family LawHow to File for an Uncontested Divorce in Ontario

Ending a marriage is never easy, but when both spouses agree to the terms, the legal process can be much simpler. An uncontested divorce in Ontario allows couples to separate without going to court, saving time and reducing costs. 

This type of divorce is available when there are no disputes about parenting, support, or property, or when those issues have already been resolved in a separation agreement.

In Ontario, you can apply for divorce through the court system either alone or with your spouse. This guide explains the full uncontested divorce process Ontario, including the forms you need, how to file for divorce Ontario online, and the expected timelines and fees. 

What Is an Uncontested Divorce in Ontario?

An uncontested divorce means both spouses agree on the terms of the separation. This includes issues like property division, parenting arrangements, child support, and spousal support. There is no dispute before the court. If issues remain unresolved, the divorce becomes contested.

In Ontario, you can file either a sole divorce (one spouse applies) or a joint divorce (both spouses apply together).

Eligibility for Divorce in Ontario

To apply for divorce in Ontario, the following must apply:

• You are legally married (in Canada or another country).
• There has been a marriage breakdown (e.g., one-year separation, adultery, or cruelty).
• You or your spouse has lived in Ontario for at least 12 months before applying.

What Are the Types of Divorce Applications in Ontario

1. Joint Divorce
   Both spouses agree and sign the divorce application together. There is no dispute.
   
2. Sole Divorce (Uncontested)
   One spouse files the application. The other does not contest it. This becomes an uncontested divorce if the responding spouse does not object.

Steps for Uncontested Divorce in Ontario

Here are the steps for an uncontested divorce in Ontario:

Step 1. Prepare a Separation Agreement

Before filing, most couples sign a separation agreement. This outlines terms like property division, custody, and support. This is not mandatory, but is often used as evidence of agreement.

Step 2. Forms Are Required for an Uncontested Divorce

You will need:

• Form 8A (Application for Divorce)
• Form 36 (Affidavit for Divorce)
• Form 25A (Draft Divorce Order)

You can find the divorce forms in Ontario on the Ontario Court Forms website.

If applying jointly, use Form 8A – Joint Application.

Step 3. File Your Divorce Application in Ontario

You can file your divorce application in Ontario in person at a Family Court in Ontario or online.

• For online divorce filing in Ontario, use the Justice Services Online Portal.

You must also pay court filing fees. As of 2025:

• $224 to file the application
• $409 for the final divorce order
  

Check Ontario Court Fees Regulation O. Reg. 293/92.

Step 4. Serve Divorce Papers in a Sole Application

If filing alone, you must serve the divorce papers on your spouse. You cannot serve them yourself. Use a friend, process server, or anyone over 18. File an Affidavit of Service (Form 6B).

This step is not needed for a joint divorce.

Step 5. Happens After Serving Divorce Papers in Ontario

After service, your spouse has 30 days to respond. If no response is filed, the case moves forward as an uncontested divorce.

Step 6. Submitting the Affidavit for Divorce and Draft Order

File Form 36 (Affidavit for Divorce) and Form 25A (Draft Order) for the judge to review. Include your marriage certificate.

Step 7. Divorce Order Approved in Ontario

The judge will review the file. If all is complete, they sign the divorce order.

Step 8. Get the Certificate of Divorce in Ontario

After 31 days, you can request the Certificate of Divorce. This document is required if you plan to remarry.

How to Apply for a Joint Divorce in Ontario (No Court Appearance)

For a joint divorce in Ontario:

• Both spouses sign Form 8A (joint version).
• Submit forms and fees online or at the court.
• No service or response period is required.
• This is the most direct method of divorce without going to court in Ontario.

How Long Does an Uncontested Divorce Take in Ontario?

It typically takes 4 to 6 months, depending on the court’s processing time. Delays can occur if forms are incomplete or fees are unpaid.

How Much Does an Uncontested Divorce Cost in Ontario (2025)?

Expect to pay:

• Court fees: ~$633
• Legal help (optional): $500–$2,000
• Do-it-yourself divorce Ontario kits are available online for lower costs.

File for Divorce Without a Lawyer in Ontario

You can file a simple divorce in Ontario without legal help. This is often called a do-it-yourself divorce in Ontario. However, legal advice is helpful if there are children, property, or support issues.

Use legal clinics or duty counsel at family court of Ontario for free assistance.

Difference Between Contested and Uncontested Divorce in Ontario

Feature	Uncontested Divorce	Contested Divorce
Agreement	Both parties agree	Dispute exists
Court Hearings	Not required	Often required
Time	Shorter (4 to 6 months)	Longer (1 to 2 years or more)
Cost	Lower	Higher

Other Things to Know Before Filing for Divorce in Ontario

• Separation period: Most divorces are based on a one-year separation.
• Parenting plans: Must comply with family law Ontario standards.
• Support orders: The court may involve the Family Responsibility Office (FRO) to enforce payments.

Final Notes

An uncontested divorce in Ontario is the simplest way to end a marriage when both parties agree. It saves time, money, and avoids court appearances. Whether applying jointly or alone, ensure your documents are complete and follow all court steps.

If unsure, consult a divorce lawyer Ontario or local legal clinic.

Quick FAQs

Disclaimer: The information provided in this blog is for general informational purposes only. It is not legal advice and should not be relied on as such.