Years of Experience
Simple and Uncontested Divorce
A simple divorce is a court process that formally ends a marriage. Before pursuing an uncontested divorce, any issues involving parenting, support, or property must first be resolved through a Separation Agreement.
Once these issues have been resolved, either party may apply to the Superior Court of Justice for an Uncontested Divorce. You will need your Marriage Certificate, which can be obtained through the Government of Ontario if you do not have a copy.
At least one party must have resided in Ontario for one year before the application, and the parties must have lived separate and apart for at least one year. If child support obligations are not being met, the court may reject the application.
There are many procedural steps involved in obtaining a Simple Divorce. While the process may sound straightforward, legal advice and a clerk's assistance with service and filing can help ensure that your uncontested divorce proceeds as smoothly as possible.
Frequently Asked Questions
If you and your spouse have agreed on everything, you should still have a family lawyer prepare a Separation Agreement, so that the agreements are legal and binding. If you are legally married and want to apply to court for a divorce, the Separation Agreement is proof that you have resolved the child support issues, which is the number one reason the Ontario Court rejects an application for divorce. Much of the cost of separation and divorce arises when there is no agreement on fundamental issues like parenting or division of property. If you and your spouse have agreed on everything, a simple Separation Agreement is a very good idea.
The time that it takes to negotiate the resolution of parenting, child support, spousal support and property issues are very different for different people. The complexity of the family situation and amount of conflict impacts the amount of time. Once these issues are resolved, which can take a few months to many years, the uncontested divorce process is relatively quick and simple. You can apply for a divorce after one year of separation, and the application proceed is usually 3 – 6 months from start to finish.