Simple Divorce (Uncontested Divorce):

• A simple divorce is one where you are only asking the court to grant a divorce and nothing else. You are not requesting any other terms such as spousal support, child custody, or division of property.
• This type of divorce is typically filed when both parties agree on the divorce and there are no other disputes to resolve.
• Only one spouse files (the applicant), serving the application on the other spouse (the respondent), who can respond or consent.
• The process is generally quicker and less complicated as it involves fewer legal requirements and less paperwork than other types of divorce applications.

Joint Divorce (Uncontested Divorce):

• In a joint divorce, both spouses jointly file for divorce, agreeing on all aspects including the dissolution of the marriage and all related issues such as property division, child custody, and support.
• This form of application demonstrates mutual agreement on all terms of the divorce, facilitating a smoother process without the need for one party to serve the other with the divorce application.
• Like simple divorce, a joint divorce simplifies the process as there are no disputes to be adjudicated by the court.

What form do you fill out for a simple or joint divorce?

For an uncontested divorce in Ontario, you would use Form 8A: Application for Divorce. This form is appropriate when you are seeking only the divorce itself without any other associated claims such as child support, spousal support, or division of property. Here are some key aspects:

• Form 8A is used when both parties agree on all major issues and simply want the marriage legally dissolved.
• This form can be filed individually or jointly, depending on whether one spouse is initiating the divorce or if both are filing together. In the case of a joint filing, both spouses sign the application, indicating their mutual agreement to the divorce.
• The process using Form 8A is generally faster and less complex because it does not involve resolving disputes over marital issues outside of the dissolution itself.

To file for a joint divorce, what do you need to file on top of standard divorce forms (Form 8A)?

When filing for a joint divorce in Ontario, in addition to the standard Form 8A (Application for Divorce), there are specific documents and forms that need to be completed and filed with the court to ensure the process proceeds smoothly. Here’s what you typically need:

• Joint Divorce Application: Both parties must complete and sign Form 8A, indicating it’s a joint application. This form must clearly state that both parties are requesting the divorce together.
• Registration of Divorce Proceedings Form: This form is used by the court to register the divorce proceedings. It helps ensure that no other divorce applications involving either spouse are pending in Canada.
• Original or Court-Certified Copy of the Marriage Certificate: You need to provide the court with your marriage certificate. If your marriage certificate is in a language other than English or French, you will need to include a certified translation.
• Form 36: Affidavit for Divorce: Both parties must complete this affidavit, which confirms the details of the marriage and separation, including the grounds for divorce (typically the one-year separation). Each affidavit must be sworn or affirmed in front of a commissioner for taking oaths.
• Form 35.1: Affidavit of Parenting Arrangements (if applicable): If there are dependent children from the marriage, this form is necessary to outline arrangements for custody, access, and child support. Both parents complete this to demonstrate their agreement on the parenting arrangements post-divorce.
• Settlement Agreement (optional but recommended): If you and your spouse have agreed on matters related to property division, spousal support, or other relevant issues, it’s advisable to draft a separation agreement outlining these terms. This is not mandatory for the divorce application itself but can be submitted to show that all matters between the parties are resolved, facilitating a smoother process.
• Divorce Order Form (Form 25A): This form will be filled out by the court once your divorce is finalized, but you need to submit it along with your application.