What is an uncontested divorce?

An uncontested divorce, also called a simple divorce or a joint divorce, is a type of divorce process where both parties agree on the issues raised by the divorce. It takes less time and is less expensive than a contested divorce, since both spouses are not suing each other. In certain cases, you may be able to file for an uncontested divorce online without having to visit a courthouse in person.

In order for the divorce to be uncontested, both parties must agree on issues such as child support, spousal support, property division, etc. Otherwise, you must go through the contested divorce process.

Which courts can grant this? And which municipality can you file in?

The Ontario Superior Court of Justice grants divorces in Ontario. You must start your case at a location in either the municipality where you and your spouse live, or in the municipality where your children live (if children are involved in the divorce.)

• If you live in one of the municipalities which have a Family Court Branch of the  Ontario Superior Court of Justice, you must file there. 
• Otherwise, you must file with Superior Court of Justice branch closest to you.

What are the two types of uncontested divorce?

The two types of uncontested divorce are:

• Uncontested sole divorce. This is a typical divorce process, where the spouse being served does not oppose the terms of the divorce. In this scenario, either spouse files divorce papers with the court. Then, the non-filing spouse is served with divorce papers. The non-filing spouse has 30 days from being served to challenge the divorce or any of the parameters outlined in the divorce paperwork. If they do not challenge the divorce, it will proceed with the court as an uncontested divorce. 
• Uncontested joint divorce. In this scenario, both spouses file divorce papers with the court. This includes supplementary forms regarding division of property, child support, etc. 

What are the requirements for an uncontested divorce?

The requirements to begin a divorce process in Ontario are as follows:

• Both parties need to have been separated for at least 1 year. This can be attested in a sworn affidavit. 
• Note that the separation is still valid if you have been living under the same address for economic reasons. 
• This requirement is waived if the grounds for divorce are adultery or cruelty.
• Both parties need to have lived in Ontario for at least 1 year.
• A marriage certificate proving legal marriage. If you were married in Ontario, a copy can be ordered online. Otherwise, a copy must be obtained from the government of the country you were married in, and if necessary, translated to English or French.

Which forms do you need to file?

The steps for uncontested simple divorce and for uncontested joint divorce are similar, and require similar forms. The main difference is that in the sole divorce, one party must serve the other to begin the process. Also sole divorce is for divorce only.

For both types of the uncontested divorce process, the following items need to be filled out:

• Form 8A: Application (Divorce). The spouse filing this document is referred to as the applicant, and the other spouse is the respondent. Once completed, it is submitted to court to have it issued.  In the simple divorce, the application is served

If no answer once 30 days have passed, file:

• Original Marriage Certificate or Marriage Registration Certificate. If the marriage took place outside of Canada, an international certificate is accepted. However, it must be in either English or French, and should be translated as necessary.
• Form 36: Affidavit for Divorce. Both parties must sign this in front of a qualified commissioner for taking affidavits (can be done for free at most family court offices.) 
• Form 25A: Divorce Order. This form must be typed (not handwritten.) It specifies the orders (child support, spousal support, etc) you would like the court to make with regards to the divorce.
• Filing Fees, or else a Fee Waiver Request Form. These must be paid at the court when you file. If you cannot afford to pay the fees, you may be eligible for a fee waiver.

Other forms. These are all optional, and only need to be filed in a joint divorce if  support orders or children are involved in the divorce order. For example:

Decision Making/Custody:

• Form 35.1: Affidavit (decision-making responsibility, parenting time, and contact). Should be filed if orders concerning those issues are in the divorce order.
• Form 35.1A: Affidavit (child protection information). Should be filed if either spouse or the children in the case had any kind of involvement with child protection services.

Finances, Support Claims, and Property:

• Form 13.1: Financial Statement (Property and Support Claims). Should be filed if the divorce order asks for any orders concerning property and debt. You should also fill out child or spousal support information here.
• Form 13: Financial Statement (Support Claims). This form should be filled out if you are not asking for any orders related to property or debt: that is, you are only asking for child or spousal support. 
• Draft Support Deduction Order & Support Deduction Order Information Form. These forms allow support money to be dedicated directly from the payee’s income.

If filing for an uncontested sole divorce (the regular divorce process, except your spouse does not challenge the divorce), you need to go through the serving process, which also requires the following forms:

• Form 10: Answer. This is to be served to your spouse along with Form 8A: Application (Divorce). For an uncontested divorce, your spouse must not challenge the divorce. They have 30 days to respond. If they do not respond, the divorce proceeds as uncontested.

Form 6B: Affidavit of Service. This should be signed by the person serving your spouse on your behalf, to attest that the service took place.