What Makes a Divorce ‘Uncontested’ in Ontario?
Divorce often comes with assumptions of courtroom battles, emotional stress, and prolonged delays. That image reflects contested divorce proceedings, which involve disputes over property, parenting, or financial support. However, not all separations follow that path. Many spouses in Ontario dissolve their marriage through a more straightforward and affordable legal process called Uncontested Divorce.
It is an efficient and low-conflict alternative to litigation that allows parties to move forward with minimal disruption. Parties must meet the legal criteria and agree on all major issues prior to filing for divorce.
What are the legal requirements for uncontested divorce in Ontario?
Eligibility requirements fall under federal and provincial law, namely the Divorce Act and Ontario’s Rules of Civil Procedure. They are as follows:
Legal Grounds
Spouses must meet one of the three grounds under the Divorce Act, with most uncontested divorces based on living separate and apart for at least one year.
No Disputes
All matters involving property division, parenting, child support, and spousal support must be fully resolved. Any unresolved issue makes the divorce contested.
Complete Documentation
Applicants must file required forms, including the application, affidavit, marriage certificate, and draft order. In simple divorces, the other spouse must be served and remain unresponsive. In joint divorces, both parties file together.
Residency Requirement
At least one spouse must have lived in Ontario for 12 continuous months before the application is filed.
How long does an uncontested divorce take in Ontario?
In Ontario, the timeline for an uncontested divorce typically ranges from 4 to 6 months after filing, assuming all documentation is accurate and complete. Before applying for a divorce, most spouses must first live separate and apart for at least one full year. You can choose to be separated under the same roof, provided that both parties lead independent lives.
Application Filing and Service
Once the one-year separation requirement is met or nearly complete, the applicant (or both spouses in a joint divorce) files the necessary documents with the Superior Court of Justice. In a simple divorce, the applicant must serve the documents to the other spouse, who then has 30 days to respond. If there is no response, the divorce may proceed as uncontested.
Joint divorces often proceed faster because there is no service requirement, and both parties submit documentation together.
Court Processing Times
On average, it may take 6 to 12 weeks for the court to review the file and issue a divorce order. Errors, missing documents, or improperly served papers can delay this stage.
Courts may also return applications if forms are outdated, incorrectly filled out, or lack required attachments such as a marriage certificate or a properly signed affidavit.
Divorce Order and Finalization
Once the judge signs the divorce order, a 31-day mandatory waiting period begins before the divorce becomes final. During this period, either spouse may choose to appeal the decision, but that’s a rare occurrence in uncontested divorces.
After 31 days, the applicant (or either party in a joint divorce) can request a Certificate of Divorce, which serves as official proof of marital status and may be required for future remarriage.
Noori Law offers experienced, efficient support for uncontested divorces in Ontario. Schedule a consultation for more details.
