Simple or Uncontested Divorce

A simple divorce is a court process that formally ends a marriage. If there are any issues around parenting, support or property, these need to be resolved in a Separation Agreement before an uncontested divorce. Once you have resolved all of these issues, either party may apply to the Superior Court of Justice for an Uncontested Divorce. This process requires you to have your Marriage License, which can be ordered from the Government of Ontario website if you do not have a copy. At least one party must reside in Ontario for at least a year prior to separation and the parties must be living separate and apart for at least a year prior to the Application. It is important to note that if child support obligations are not being fulfilled, the court can reject the simple divorce application until the parties provide evidence the support is being paid.

 

There are many procedural steps that must be taken in order to obtain a Simple Divorce. While it may sound easy, a lawyer’s advice and the clerk’s expert help with service and filing of documents will ensure that your uncontested divorce really is simple.