Uncontested Divorce in Ontario: What It Is and How It Works

What Makes a Divorce “Uncontested”?

A divorce is uncontested when both parties are in full agreement on all matters related to the dissolution of the marriage. This includes the divorce itself (both want it) and all ancillary issues: how property and debts are divided, whether spousal support will be paid, how children will be parented, and what child support will be paid. If even one issue remains in dispute, the divorce may become contested.

Benefits of an Uncontested Divorce

• Lower legal costs compared to a contested divorce.
• Faster resolution — often completed within a few months.
• Less emotional stress for both parties and any children involved.
• Greater privacy — fewer court appearances mean less public record.
• More control over the outcome — you and your spouse decide the terms, not a judge.

The Role of a Separation Agreement

In most uncontested divorces, the spouses will have already negotiated and signed a separation agreement. This document outlines all the agreed-upon terms of the separation, including property division, support, and parenting. A properly drafted separation agreement signed by both parties with independent legal advice is binding and can be incorporated into the divorce order.

Steps in an Uncontested Divorce in Ontario

1. Confirm Eligibility

At least one spouse must have lived in Ontario for one year before filing. The most common ground for divorce is one year of separation.

2. Prepare the Application

For an uncontested divorce, a joint application signed by both spouses is often the most efficient approach. If one spouse files alone, the other will need to be served and given an opportunity to respond.

3. File with the Court

The completed documents are filed at the Superior Court of Justice. You will need to pay the required court filing fee and provide a certified copy of your marriage certificate.

4. Court Review

In many uncontested divorces, a judge will review the materials without the need for either party to attend court in person. The judge will assess whether the legal requirements are met and whether arrangements for any children are reasonable.

5. Divorce Order

Once approved, the court will issue a Divorce Order. This takes effect 31 days later, after which a Certificate of Divorce can be obtained.

How Long Does an Uncontested Divorce Take?

Timelines vary, but an uncontested divorce in Ontario generally takes between three and six months from the date of filing. Delays can occur due to court backlogs or incomplete documentation. Having all paperwork properly completed at the time of filing significantly reduces delays.

Do You Still Need a Lawyer for an Uncontested Divorce?

While it is possible to file for divorce without a lawyer, legal advice is strongly recommended, particularly for reviewing the separation agreement and ensuring your rights are protected. Many people use a collaborative approach or mediation to reach agreement and then have lawyers review and finalize the documents.

What If We Agree Now but Disagree Later?

It is important to ensure your agreement is thorough and considers future contingencies. If disputes arise after the divorce is finalized, resolving them may require returning to court. A well-drafted separation agreement can minimize this risk by addressing as many possible scenarios as practicable.