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Ontario Family Law Guide

Uncontested Divorce
in Ontario 2025

An uncontested divorce is the most efficient way to legally end your marriage in Ontario. No court appearances required. This guide covers every step from separation to Divorce Order.

Updated October 2025No Court Appearances$679 Filing FeesOCPP Portal
Questions about your specific situation? Speak with a Lexaltico lawyer. Free Consultation →

1. What Makes a Divorce Uncontested?

An uncontested divorce means both spouses agree on all issues - property, support, and parenting - and neither contests the divorce itself. No court appearances are needed; a judge reviews documents on paper and issues the Divorce Order.

Uncontested does not mean without a lawyer. Having a lawyer prepare forms correctly avoids costly rejections and delays. Lexaltico offers flat-fee uncontested divorce arrangements.

2. Requirements

RequirementDetails
One-year separationMust be separated for at least one year before the Divorce Order is granted. You can file before the year is up.
Ontario residencyAt least one spouse ordinarily resident in Ontario for at least one year before filing.
Arrangements for childrenIf children under 18 exist, the court must be satisfied reasonable support arrangements are in place.

3. The Process Step by Step

1
Separate and note the date

The one-year clock starts when you separate with the intention of ending the marriage.

2
Resolve all issues - ideally with a Separation Agreement

Settle property, support, and parenting before or alongside filing.

3
File Form 8A through OCPP - pay $224

Since October 14, 2025, all Ontario divorces file through the Ontario Courts Public Portal (OCPP).

4
Complete the one-year separation

If already completed, move to the next step immediately.

5
File Form 36 and Form 25A - pay $445

The Affidavit for Divorce and Draft Divorce Order. Filed once the one-year separation is complete.

6
Judge reviews and signs - no court appearance

Takes 4-12 weeks. Divorce Order takes effect 31 days after signing.

4. Forms Required

FormPurposeFee
Form 8AApplication for Divorce - opens the proceeding$224
Form 36Affidavit for Divorce - filed after one year$445
Form 25ADraft Divorce Order - what the judge signsIncluded
Form 36BCertificate of Divorce - for remarriage or name change$19

5. Costs 2025-2026

ItemAmount
Form 8A filing$224
Form 36 filing$445
Central Registry fee$10
Total court fees$679
Lawyer fees (uncontested)$1,500 - $5,000

6. Joint vs Sole Application

Joint Application

Both spouses sign Form 8A together. No service required. Most efficient - 3-5 months to Divorce Order. Used in about 31% of Canadian divorces.

Sole Application

One spouse files and serves the other. Responding spouse has 30 days to file an Answer. If no Answer filed, proceeds as uncontested. Takes 4-6 months.

7. Frequently Asked Questions

Do I need to go to court for an uncontested divorce?
No. For uncontested divorces, no court appearance is required. A judge reviews the documents and signs the Divorce Order on paper.
How long does an uncontested divorce take?
Joint applications take 3-5 months from filing. Sole applications take 4-6 months. This assumes the one-year separation is already complete.
What is the OCPP?
The Ontario Courts Public Portal - the mandatory online filing system for all new Ontario divorce applications since October 14, 2025. Your lawyer files through OCPP on your behalf.
Can I do an uncontested divorce without a lawyer?
You can file yourself, but errors in forms cause delays and rejections. Having a lawyer prepare the documents correctly ensures the process goes smoothly and you do not miss anything important.

Ready to Start Your Uncontested Divorce?

Our Toronto divorce lawyers handle uncontested divorces efficiently and affordably. Free initial consultation, flat-fee arrangements available.

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