Simple Divorce in Ontario: A Practical Guide for 2026
A step-by-step guide to filing a simple (uncontested) divorce in Ontario — including costs, timelines, one-sided divorces, and common mistakes to avoid.
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Simple Divorce Basic Package
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Intial Divorce consultation
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Complete Divorce Paperwork
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Court Filing
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Court Visits
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Serving Spouse
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Final Divorce Order
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Intial Divorce consultation
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Complete Divorce Paperwork
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Court Filing
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Serving Spouse
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Parenting Plan
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Final Divorce Order
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Kian Borna is a Toronto, Ontario based lawyer, providing practical, solutions-focused representation in family law, estate planning (wills and powers of attorney), and Small Claims Court disputes. He prioritizes clear communication, straightforward advice, and a disciplined approach to resolving matters efficiently—while being fully prepared to litigate when necessary. Clients can expect responsive service, transparent next steps, and advocacy tailored to their goals.
Table of Contents
What Is a Simple Divorce in Ontario?
If you and your spouse have already agreed to end your marriage and there are no major disputes about children, property, or support, a simple divorce (also called an uncontested divorce) may be the most straightforward way to move on with your life in Ontario.
This guide answers the questions people in Ontario ask most often about simple divorces, including cost, timing, “one-sided” divorces, and common mistakes to avoid.
Note: This is general information for Ontario only. It isn’t legal advice for your specific situation.
A simple divorce in Ontario is an application where you are only asking the court to legally end the marriage. You are not asking the court to decide parenting, support, or property issues in that same case. Those issues are usually already dealt with in a separation agreement or a separate court process.
A simple divorce is also usually uncontested, meaning:
- One spouse files a sole application and the other doesn’t oppose it,
or - Both spouses file a joint application together.
If the other spouse doesn’t respond to a properly served sole application within the deadline, the case can still proceed as an uncontested divorce, and the court can grant a divorce by “default.”
Who Qualifies for a Simple or Uncontested Divorce ?
You can generally apply for a simple divorce in Ontario if:
- You are legally married.
You must have a valid marriage certificate (from Ontario or elsewhere). - You meet the residency requirement.
At least one spouse must have lived in Ontario for at least one year immediately before starting the divorce case. This comes from the federal Divorce Act and is reflected in Ontario practice. - There has been a breakdown of the marriage.
Usually shown by living separate and apart for at least one year. You can still be “separated” even if you live in the same home in some situations. Less commonly, people rely on adultery or cruelty. - There are no major disputes to be decided in this case.
In a simple divorce, you’re asking only for the divorce itself. Parenting, support, and property are usually already resolved.
If you still disagree about parenting, support, or property, you may need a broader family law case (not just a simple divorce), even if you agree you want the marriage to end.
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Costs and Legal Fees
How Much Does a Simple Divorce Cost in Ontario?
There are two main types of costs:
- Court and government fees
- Ontario has set court fees for divorce applications. As of recent updates, simple/uncontested divorces typically involve about $669 in court filing fees, often paid in two installments (one when you file, and one when you ask the court to review the file and grant the divorce).
- There may also be a small federal registration fee (for example, a $10 fee) tied to the divorce filing.
These amounts can change, so always check current family court fees on the Ontario government website or speak with a lawyer.
- Professional and service costs
- Lawyer’s fees for a simple/uncontested divorce often fall in a wide range (roughly a few hundred to a couple thousand dollars) depending on how much help you need and how complex your history is.
- Process server or courier costs for serving documents.
- Optional “document preparation” services or “divorce kits.”
What Is the Cheapest Way to Get a Divorce in Ontario?
The technically cheapest route is usually:
- Doing a DIY (do-it-yourself) simple divorce,
- Using the court’s free forms and guides,
- Filing online through the Justice Services Online portal (if you qualify),
- Handling service yourself or through a low-cost process server.
This can keep your out-of-pocket legal fees low, but the trade-offs are:
- Higher risk of mistakes (which can cause delays or rejections),
- No one is checking whether your separation agreement is fair or enforceable,
- Harder to spot less obvious issues (pensions, debts, tax consequences).
A middle ground is limited-scope legal services: you do most of the leg-work, but a lawyer reviews the forms or the separation agreement for a fixed or reduced fee.
Who Pays for a Divorce in Ontario?
Usually, each spouse pays their own legal fees and shares court costs in some way. In simple divorces:
- In a joint divorce, spouses often agree to split court fees.
- In a sole divorce, the applicant usually pays the initial court fees, but the parties can agree privately to share them.
In rare cases, one spouse can be ordered by the court to pay costs if they’ve acted unreasonably, but this is more common in contested cases than in simple divorces.
Can Court Fees Be Waived ?
Yes. If you have low income or limited assets, you may qualify for a fee waiver for some or all family court fees in Ontario. You apply using the Request for Fee Waiver process set out in the Family Court Fees guidelines.
Even if court fees are waived, you would still be responsible for any lawyer’s fees unless your lawyer agrees to a different arrangement.
Lawyers and the Court Process
Do You Need a Lawyer for a Simple Divorce in Ontario?
A lawyer is not legally required, and you can complete simple/uncontested divorces on your
However, legal advice is strongly recommended if:
- You have children and need to confirm that parenting and support arrangements comply with Ontario and federal law;
- There is real property (like a home), pensions, or complex finances;
- You’re not sure whether your rights in the matrimonial home or equalization have been properly addressed in your separation agreement.
Even a one-time consultation can prevent long-term problems.
Can You File for Divorce Online in Ontario?
Yes, in many cases.
Ontario allows online filing of most family court forms, including joint and simple (sole) divorce applications, through the Justice Services Online or related portals.
You’ll typically:
- Complete the forms (for example, Form 8A and others),
- Scan and upload them,
- Pay court fees online,
- Receive instructions from the court by email.
Not every case can be filed online (for example, some complex cases with additional claims), so check the government site or ask a lawyer.
What Documents Are Needed and Where Do You File Them?
For a simple/uncontested divorce, common documents include:
- Form 8A – Application (Divorce)
- Original marriage certificate or marriage registration
- Form 36 – Affidavit for Divorce
- Form 25A – Draft Divorce Order
- Form 6B – Affidavit of Service (for sole divorces)
- Any existing separation agreement or prior court orders (if relevant)
You file these in the Superior Court of Justice (Family Court or Unified Family Court) for the area where you or your spouse live. Remember that divorces in Ontario are handled at this level, not in the Ontario Court of Justice
Do You Still Need to Serve Your Spouse?
- In a joint divorce, no. Both spouses sign and file together, so there is no formal service step.
- In a sole (simple) divorce, yes.
You must serve your spouse using an approved method (e.g., process server). After serving you then file Form 6B (Affidavit of Service) to prove the documents were properly delivered.
If your spouse is hard to locate, you may need special permission from the court to serve them another way (“substituted service”).
What Is the Difference Between Joint, Sole, and Uncontested Divorces?
- Joint divorce
- Both spouses sign and apply together.
- No one is “suing” the other; there is no respondent.
- Almost always uncontested and often the smoothest.
- Sole divorce
- One spouse (the applicant) starts the case.
- The other (the respondent) is served and can file an Answer.
- If the respondent does not respond or contests only briefly, it can still end up as an uncontested divorce.
- Uncontested divorce
- Describes the outcome: there is no dispute for the judge to decide.
- Both joint and (properly served) sole divorces can be uncontested if no Answer is filed or everything is agreed.
Timeline and Speed
How Long Does a Simple Divorce Take in Ontario?
Once the paperwork is properly filed and served, an uncontested/simple divorce in Ontario typically takes around 4 to 6 months for the court to review and grant the divorce, depending on how busy the court is and whether the forms are complete.
After the judge signs the Divorce Order, the divorce is not final until 31 days later. Only then can you request a Certificate of Divorce.
What Is the Fastest Divorce Possible?
Realistically, even in a very smooth case:
- You must meet the one-year separation requirement (unless relying on adultery or cruelty), and
- You must still go through the court’s administrative processing time.
So even a “fast” divorce is measured in months, not days. There is no true “same-day” or “instant” divorce in Ontario.
Can I Get Divorced Immediately in Ontario or in Three Months?
- Immediately? No.
A divorce requires either one year of separation or proof of adultery or cruelty, and court processing time. - In three months? Possibly, but uncommon.
In theory, if:- You already completed a year of separation,
- You file a joint/uncontested divorce with perfect paperwork,
- The court you file in has a short backlog,
the process might finish in under three months. But this is not guaranteed and depends mainly on court processing speed and whether anything is missing from your file.
How to Speed Up a Divorce in Ontario:
You cannot jump the line or bypass the legal requirements, but you can avoid slowdowns:
- Use a joint divorce if possible (less chance of delay or dispute).
- Make sure your separation agreement is complete and signed before you file.
- Triple-check that all required forms and attachments are complete and consistent.
- File online where available to avoid physical filing delays.
- Respond quickly to any court notice that something is missing.
Often, the fastest divorce is the one that is done correctly the first time.
Practical Considerations & Common Mistakes
What Happens If One Spouse Doesn’t Respond?
If your spouse is served with a sole divorce application and does not file an Answer within the deadline (usually 30 days in Canada and longer if they live outside the country), you can usually move forward and request a divorce by default.
The judge can review your documents and grant the divorce without a hearing if everything is in order. You still must:
- Prove proper service, and
- Show that the residency and separation requirements are met.
This is what people often refer to as a “one-sided divorce” – legally, it’s a sole, uncontested divorce.
Is a One-Sided Divorce Really Possible in Canada?
Yes. Canadian law does not require both spouses to agree to the divorce itself. If one spouse wants a divorce and the requirements are met, the court can grant it even if the other spouse does not want to participate or ignores the paperwork.
The key is that the non-participating spouse must still be given proper notice and a chance to respond.
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Is Moving Out Sometimes a Mistake in Divorce?
Moving out of the matrimonial home is not the biggest mistake, but in Ontario it can cause problems if not thought through, especially when children are involved since it can affect the following:
- Parenting status quo: If you move out and leave the children with your spouse, you may unintentionally create a new “status quo” that can affect later parenting negotiations or court decisions.
- Matrimonial home: Moving out does not automatically give up your ownership interest in the matrimonial home, but it can affect exclusive possession, practical control of the home, and leverage in negotiations.
- Financial pressure: Paying for a second residence while still responsible for the family home can strain your finances and negotiations.
Before moving out, it’s wise to get legal advice, especially where there are children or significant property involved.
The “3 C’s” of Divorce?
As a practical guidance, many family lawyers emphasize:
- Calm: Avoid impulsive decisions driven by anger or fear.
- Communication: Clear, respectful communication (directly or through lawyers/mediators) helps keep a divorce uncontested.
- Co-operation (or Compromise: Courts favour reasonable, child-focused cooperation. The more you cooperate, the faster and cheaper your divorce usually is.
Thinking in terms of these “3 C’s” can help keep a divorce simple rather than contested.
In Conclusion, is a Simple Divorce Right for You?
A simple divorce in Ontario can be:
- Relatively affordable compared to contested litigation,
- Faster and less stressful,
- A good fit if all parenting, support, and property issues are already settled.
It may not be the right approach if:
- You have unresolved disputes about custody, parenting time, support, or property;
- There are complex assets (businesses, pensions, multiple properties);
- There has been family violence or a significant power imbalance.
If you’re unsure whether you qualify for a simple divorce, or how best to structure your separation agreement and court documents, speaking with a family lawyer even once can save you time, money, and stress later.
At Borna Law Professional Corporation, we help clients understand their options, prepare the right paperwork, and avoid common mistakes that cause delay or extra cost. If you’d like tailored advice about your situation, contact us to book a consultation.
Common Questions
The Tables set out the basic monthly amount of support based on:
The payor parent’s gross annual income (before tax),
The number of children, and
The province where the payor lives.
Not necessarily. In shared parenting:
We do not automatically go to $0, and
We do not automatically just “set off” the two Table amounts.
Instead, courts follow a 3-part analysis… The result is still often some amount payable by the higher-income parent to the lower-income one, even in 50/50 time.
The Table amount is designed to cover ordinary, day-to-day expenses of raising a child in that household — food, clothing, basic shelter, utilities, normal school costs, etc.
Costs that go above and beyond that (like daycare, high sports fees, certain medical costs) are usually dealt with as special or extraordinary expenses.
A “child” under the Family Law Act is:
A child under 18 who has not withdrawn from parental care; or
A child over 18 who cannot support themselves because of: Full-time school, Illness or disability, or Other valid reasons.
Courts in Ontario have held that the obligation to support can continue through post-secondary education, typically at least until a first degree is completed.
Child support isn’t limited to biological parents. A step-parent or other person may have support obligations if they have acted like a parent. This is what lawyers call standing “in the place of a parent” or having a settled intention to treat the child as part of their family. Once that parent-like relationship is established, you can’t simply “opt out” by ending the relationship with the child.
If a parent:
Intentionally under-earns,
Diverts income into a corporation or family members,
Fails to provide proper disclosure, or
Has money or assets they aren’t reasonably using,
a court can “impute” income — meaning, assign a higher income than what is reported and base support on that. In plain terms: you can’t avoid child support just by choosing to earn less or be vague on paperwork.
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