Family law - Kian Borna

Full Guide Divorce in Onatrio

Simple, Sole, Joint and Contested Divorces in Ontario: Which One Is Right for You?

When people first meet with a family lawyer, one of the most confusing parts of the process isn’t the law – it’s the labels.

Simple divorce
Joint divorce
Uncontested divorce
Contested divorce

These terms overlap, but they don’t all mean the same thing. This article breaks down the differences in clear language, compares cost and timing, and answers the questions people in Ontario most often ask online.

At Borna Law, you’ll get clear, Ontario-specific guidance on how to start the divorce process—without confusion or guesswork.

Book your free consultations

See how to begin the divorce process.

Overview

The Big Picture: How the Types Fit Together

A useful way to think about it:

“Simple” vs “General” = What you’re asking for? Just a divorce or divorce and other reliefs, such as support and parenting orders?
“Sole” vs “Joint” = Who is applying, one party or both together.
“Uncontested” vs “Contested”: Whether anything is in dispute

In Ontario:

Form 8A – Application (Divorce) is used for a simple solo or joint divorce (divorce only, or divorce plus agreed terms in a joint application).

Form 8 – Application (General) is used when you need the court to deal with other issues such as parenting, support, or property, especially if there is disagreement

Quick Comparison : Simple, Sole, Joint & Contested

Type of Divorce	What it Really Means	Filing Style	Typical Cost & Time (Relative)	Best For
Simple (Uncontested) Divorce	You both agree the marriage should end and there are no issues the judge needs to decide. Property, support, and parenting (if any) are already resolved, usually by separation agreement.	Sole (one spouse applies) or Joint (both spouses apply together)dd	Lower cost, shorter timeline. Mostly paperwork if done correctly.	Couples who can agree on terms and just need the marriage legally ended.
Contested Divorce	There is at least one unresolved issue (children, support, property, or the divorce itself) that may require a judge’s decision.	Usually starts as a sole, general application with an Answer filed by the other spouse	Higher cost, longer timeline. Court conferences, possible motions and sometimes trial.	Situations with major disagreement or safety, disclosure, or fairness concerns.

What is a Simple (Uncontested) Divorce?

A simple divorce in Ontario usually means:

You’re only asking the court to end the marriage – not to decide parenting, support, or property; and
Your spouse does not contest the divorce (they either agree or don’t respond).
You’re using Form 8A – Simple Application (Divorce only);

Simple divorces are almost always uncontested and usually cheaper and faster than contested cases.

Simple (Uncontested) divorce when one party only files the Application:

In these cases:

One spouse is the applicant.
The other spouse is the respondent.

Involves divorce only (Form 8A, “Simple” option);
Involves no other family law claims
The respondent is served with the documents and can:

Do nothing – the case often proceeds as an uncontested sole divorce and can be completed “on paper”; or
File an Answer (Form 10) – the case becomes contested and moves through the ordinary family court steps (case conferences, possibly motions and trial).

Simple (Uncontested) divorce when both parties are the Applicant:

In a joint divorce:

Both spouses are applicants, filing together.
You again use Form 8A, but choose Joint Application (same base form, different option), and usually Form 36 – Affidavit for Divorce for each spouse.
You can:
- Ask only for a divorce, or
- Ask for agreed orders about support, parenting, and property.

Key points about Joint Divorce are:

There is no respondent – no one is suing anyone else.
It is, by definition, an uncontested divorce, because you’ve already agreed on the terms.
It is often the smoothest and least adversarial route if you can cooperate.

What is a Contested Divorce

A contested divorce is not a different form – it describes the situation:

There is at least one unresolved issue, such as:
- Parenting (decision-making responsibility, parenting time),
- Child or spousal support,
- Property division, or
- Even the divorce itself.

If all negotiations to resolve these issues fail, then the typical procedure is:

One spouse files a Form 8, Application (General) with claims for divorce and other relief.
The other spouse files an Answer (Form 10) disagreeing with some or all of it.
The case moves through:
- Case conferences, settlement conferences, trial management, and
- Possibly motions and, rarely, trial.

Contested cases are almost always slower and more expensive than simple/joint uncontested divorces.

Is a Simple Divorce the Same as an Uncontested Divorce?

Often, yes – but not always.

A simple divorce (Form 8A, divorce only) is usually uncontested.
An uncontested divorce simply means there’s no dispute. That can be:
- A simple sole divorce (divorce only),
- A joint divorce where you’ve agreed on everything, or
- Even a general application where you initially had other issues but then settled them before anyone had to argue in court.

So: all simple divorces are usually uncontested, but not all uncontested divorces are “simple” in the technical sense.

Check out commonly asked questions about different types of divorce below:

Common Questions

Is a Simple Divorce the Same as an Uncontested Divorce?

Often, yes – but not always.
So: all simple divorces are usually uncontested, but not all uncontested divorces are “simple” in the technical sense.

Which Is Cheaper – Simple, Sole, Joint or Contested?

Court fees for a divorce (whatever type) are broadly similar – the main difference is in legal fees and other costs:
For many clients, the real saving isn’t choosing “sole” vs “joint” – it’s finding a way to keep the case uncontested.

Which Is Faster?

Fastest (when it works): Joint divorce or simple uncontested divorce.
Contested divorce: Can take many months to several years.
Often, the biggest speed factor is whether the spouses can reach agreement, not which box they tick on the first form.

If spouse refuses or doesn’t respond?

Your Spouse does not respond within the deadline after being properly served, you can usually move forward to an uncontested divorce by default (assuming the other legal requirements are met).
Canadian law does not require both spouses to agree to end the marriage.

Can We Change From Sole to Joint, or Contested to Uncontested?

Yes – the “status” of the case can change.
Because these changes have procedural consequences, it’s wise to get legal advice before switching paths.

Do We Both Need Our Own Lawyer in a Joint Divorce?

In practice, yes, each spouse should have their own legal advice, or at least the opportunity to get it.
One lawyer representing both spouses in a divorce creates a conflict of interest risk, because your interests may diverge (even if you agree now).

How Do I Decide Which Option Is Right for Me?

We agree on everything, we can work together, and we just want out: Consider a joint divorce (and a separation agreement if you haven’t already).
We still need the court to decide parenting, support, or property because we don’t agree: You’re likely in contested divorce territory, at least for now, usually with a general (Form 8) application.