What is an uncontested divorce in Ontario?
An uncontested divorce is one your spouse does not oppose, with no parenting, support or property issues left for a judge to decide. You can apply on your own (a simple divorce) or together (a joint divorce). A judge usually decides it on the documents, without a hearing.
Key points
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You must have been separated for at least one year by the time the judge decides.
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One of you must have lived in Ontario for at least one year before applying.
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A joint application needs no service and no waiting period for an Answer.
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If you have children, the judge must be satisfied that reasonable child support arrangements are in place.
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Court fees total $669. The divorce takes effect 31 days after the judge signs the order.
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Serving a spouse who lives outside Ontario costs extra. Outside Canada, service may have to follow the Hague Service Convention.
Our uncontested divorce package: $1,999 plus HST. It includes the court filing fees and disbursements, for a joint or a sole application. It does not include serving a spouse who lives outside Ontario. See below for what is and is not included, or book a free 15-minute call to check whether your case fits.
Not sure where your situation fits? Book a free 15-minute call about your divorce
Who can get an uncontested divorce?
You can use the uncontested route if all of these apply:
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You have a ground for divorce. Almost every uncontested divorce relies on one year of separation (Divorce Act, s. 8). You can file before the year is up, but the divorce cannot be granted until it is. See The date of separation in Ontario.
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One of you meets the residence rule. Either spouse must have lived in Ontario for at least one year immediately before the application is started (Divorce Act, s. 3). The other spouse can live anywhere.
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Nothing else needs a judge. Parenting, support and property are settled, usually in a separation agreement or an earlier order, or no one is asking for them.
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Child support is arranged. If you have children, the judge must be satisfied that reasonable arrangements have been made for their support. Otherwise the divorce is put on hold. Your affidavit shows what is paid and how it compares with the Child Support Guidelines table amount. See Child support in Ontario.
You do not need your spouse's consent or signature to get divorced. You need it only to apply jointly.
Should we apply jointly or should one of us apply alone?
A joint application suits spouses who both want the divorce and will each sign their forms promptly. Both of you sign the application (Form 8A), and each of you swears an Affidavit for Divorce (Form 36). Nobody has to be served, and there is no waiting period for an Answer.
A sole application suits cases where your spouse is slow, unwilling or hard to reach. You sign the application and swear the affidavit alone. Someone other than you must serve your spouse. You file your affidavit only after the time for an Answer has passed. That is 30 days if your spouse is served in Canada or the United States, and 60 days if served anywhere else.
The court fees are the same either way. A joint application is usually faster, but it stalls if one spouse stops cooperating. You may then need to start again as a sole applicant.
If your spouse lives outside Ontario, a joint application avoids the cost of serving them. Your spouse can swear their affidavit where they live, before a notary or another person authorized there.
What are the steps?
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Gather your documents. You need your marriage certificate or marriage registration certificate. A certificate in another language needs a certified English or French translation. If you have children, you also need your separation agreement or order, and income information for child support.
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Prepare and file the application. Complete Form 8A, signed by you or by both of you. File it in the Superior Court of Justice where either of you lives. Some applications can be filed online. You pay $224 when you file.
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The court issues the application. It gets a court file number. The court also asks the federal Central Registry of Divorce Proceedings to confirm that no other divorce case exists between you. This clearance takes about four to six weeks and runs in the background.
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Sole applications only: serve your spouse. Someone over 18, other than you, delivers the issued application, the Continuing Record and a blank Answer (Form 10). This must be done within six months after the application is issued. The person who served it swears an Affidavit of Service (Form 6B). Service outside Ontario follows different rules and costs more; see below.
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File the final documents. These are each applicant's Affidavit for Divorce (Form 36) and three copies of the draft Divorce Order (Form 25A). A sole application also needs the Affidavit of Service. You include stamped envelopes addressed to each spouse. You pay $445 to have the file reviewed by a judge.
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A judge reviews the file. There is usually no hearing. The judge may ask for more information, often about child support, before signing the order.
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The divorce takes effect 31 days later. That period allows for an appeal (Divorce Act, s. 12). After it, you can order a Certificate of Divorce, your proof that you are divorced and free to remarry.
How long does it take?
Most of the time is spent waiting for the court, not on paperwork. Three waits are fixed. The clearance certificate takes about four to six weeks, in the background. A sole application adds the 30-day or 60-day Answer period. And the divorce takes effect 31 days after the order. The judge's review varies most between courthouses and through the year.
Serving a spouse outside Canada can add months, especially through the Hague Service Convention. A file returned for missing documents or unclear child support evidence can add weeks, so it pays to get those right the first time.
How much does an uncontested divorce cost?
Court fees. You pay $224 when you file the application, which includes a $10 federal fee for the Central Registry of Divorce Proceedings. You pay $445 when you file the final documents for a judge's review. That is $669 in all. A Certificate of Divorce costs $25 more. If you cannot afford court fees, you can ask for a fee waiver.
Other costs. A sole application needs a process server, whose fee depends on where your spouse lives and how many attempts are needed. A marriage certificate in another language needs a certified translation.
Our package: $1,999 plus HST. This block fee includes the court filing fees and disbursements, for a joint or a sole application. It covers:
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preparing and filing your application and supporting documents;
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commissioning your affidavit;
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for a sole application, serving your spouse in Ontario;
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preparing the draft divorce order; and
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following up with the court until the order is issued.
What the package does not cover:
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Service outside Ontario. If your spouse lives elsewhere in Canada or abroad, serving them is not included. We quote that cost separately, in writing, before any work is done. If you apply jointly, no service is needed, so this cost does not arise.
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Service outside Canada under the Hague Service Convention. If your spouse lives in a country that has joined the Convention, service may have to follow its rules. That adds costs, which can include translating the documents into that country's language, fees charged by its authorities, and a local process server.
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An Answer from your spouse, or any claim for support, parenting or property.
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Motions, such as asking the court to allow another way of serving your spouse, or to dispense with service.
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Certificate of divorce. We can obtain it for you for a small flat fee.
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Translating foreign documents, such as a marriage certificate.
Work outside the package is billed at $275 an hour plus HST or under a limited-scope retainer. We tell you in writing before any extra work is billed. See Legal fees for the full terms.
What if my spouse will not sign, cannot be found, or lives abroad?
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Your spouse will not sign. They cannot stop a divorce by refusing to sign. Apply alone and have them served. If the time for an Answer passes without one, the divorce goes ahead without your spouse’s participation.
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You cannot find your spouse. You can ask the court to allow another way of serving them, such as by email or through a relative. Rarely, a court will dispense with service altogether. The judge will likely want to see a real effort to find your spouse first: last known addresses, phone numbers, email, social media and mutual contacts. This needs a motion, which is outside the package.
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Your spouse lives elsewhere in Canada. A process server where they live can serve them in person. They then have 30 days to respond, the same as in Ontario. Serving a spouse outside Ontario is not part of the package.
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Your spouse lives outside Canada. If their country has joined the Hague Service Convention, service generally has to comply with it. Ontario's Divisional Court has held that the Family Law Rules do not override the Convention (Wang v. Lin, 2016 ONSC 3967). Depending on the country, the documents may have to go through its central authority, which may require a translation and charge a fee. Some countries also accept service by a local agent or by mail; others do not. If the country has not joined, you can usually serve under Ontario's rules. Either way, your spouse has 60 days to respond once served. Service abroad can take several months and costs extra.
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Your spouse files an Answer. The case is then no longer uncontested and follows the ordinary court process. See Court, mediation or arbitration in Ontario.
Talk to a family lawyer about your uncontested divorce
Start with a free 15-minute call to check whether your case fits the uncontested route and the package. From there, we can prepare and file your application and follow it through to the divorce order.
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A free 15-minute phone call to talk through your situation and the next step
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Uncontested Divorce $1,999 plus HST, including court fees and disbursements; serving a spouse outside Ontario is extra
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Later meetings by phone, by video or in person at 5200 Yonge Street, Suite 200, North York
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Other work at $275 an hour or under a limited-scope retainer
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Urgent or out-of-hours: leave a voicemail or send a text to 416-858-1320
Book a free 15-minute call about your uncontested divorce · Call 416-858-1320
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Last reviewed: November 1, 2026
This page is general information about Ontario and federal law, not legal advice. Reading it or contacting us does not create a lawyer-client relationship. Laws and court fees change; check the date above.