Time Frame for Uncontested Divorce: How Long Does an Uncontested Divorce Take in Ontario?

In Ontario, an uncontested divorce means both partners agree on important issues like asset division, parenting, and support. This cooperative process is usually quicker and less stressful than a contested divorce, which involves disagreements and court time. 

Reaching agreement on issues of property equalization, parenting, and support can take time, so the timelines below assume those issues have already been resolved prior to seeking a divorce from the court. The timelines below therefore also assume that the only issue the parties require the court’s assistance with is a divorce. 

Please note: Parties do not have to wait for a year of separation to apply to the court for assistance with issues like support or parenting. 

Average Uncontested (Simple) Divorce Timeline Overview

1. Separation Period (1 year)

  • Spouses must live separately and apart for 1 year to fulfill the mandatory separation requirement.
  • They can reconcile for up to 90 days without resetting the timeline.
  • Living under the same roof is allowed, provided they maintain separate lives.

Note: There are two other grounds for divorce in Canada, cruelty and adultery. In both of these circumstances, the parties do not have to wait for 1 year of separation. If the parties agree there is cruelty or adultery and submit proof to the court, they can abbreviate the timeline for divorce. However, if the parties do not agree that there has been adultery or cruelty, and therefore must contest the proof of the issue, the parties are no longer pursuing an uncontested divorce and the timelines below will be heavily skewed.

2. Preparing the Divorce Application (1-2 weeks)

  • File a Form 8A (Application for Divorce) with the court, including:
    • Grounds for divorce (e.g., one-year separation).
    • Marriage details and supporting documentation (e.g., Marriage Certificate).
    • Information on child custody, support, and asset division (if applicable).

3. Serving the Divorce Papers (1 week)

  • Serve the application to the other spouse through:
    • Personal service.
    • Mail (if applicable).
  • The spouse has 30 days to respond if residing in Canada or 60 days if residing outside the country.

4. Submitting Proof of Eligibility for the Divorce (after 30 days from service)

  • Key documents include:
    • Affidavit for Divorce confirming details of the separation and agreement.
    • Proof of service (Affidavit of Service).
    • Divorce clearance certificate confirming no other proceedings exist.

5. Court Review (4-6 weeks)

  • The court reviews submitted documents to ensure compliance with legal standards.
  • No court appearances are necessary unless issues arise.

6. Issuance of Divorce Order (min. 6 weeks after approval)

  • Once the court approves the application, a final divorce order is issued.

7. Certificate of Divorce (31 days after the divorce order)

  • Obtain the Certificate of Divorce as official proof of the divorce.

Estimated Total Timeline:

  • Minimum Timeframe: Est. 6 months (if the one-year separation is already complete).
  • Typical Timeframe: Est. 12-14 months (including the one-year separation).

 

Starting the Process for an Uncontested Divorce

Beginning the uncontested divorce process in Ontario involves filing a divorce Application with the court by one spouse. This Application includes the reasons for divorce and details about the marriage. It also addresses issues like support and parenting. Once filed, the other spouse is notified with the divorce papers and has 30 days to respond. If both spouses agree to the terms in the application without any disputes, the case moves forward as an uncontested divorce.

Mandatory Delay

In Canada, the one-year separation period is a key legal requirement when filing for an uncontested divorce. This rule states that spouses must live separately and apart for at least one year before the Ontario Superior Court of Justice will grant a divorce. Spouses have the ability to try to reconcile for up to 90 days around this period without resetting the separation timeline. 

The mandatory separation period can also take place while spouses continue living under the same roof. They must maintain separate lives during this time, which the court recognizes due to financial or practical constraints preventing an immediate physical move.

Documentation

For the filing of an uncontested divorce,  an Affidavit for Divorce must be submitted. Furthermore, proof that the marriage initially occurred, either through  Marriage Certificate, or other proof, is required. Key forms also include Form 8A and the Affidavit of Service. 

Negotiating Divorce Terms

In an uncontested divorce, couples resolve their issues without having to go to trial. This approach covers key areas such as parenting, child support, spousal support, and property division. It’s crucial to address parenting time and decision-making responsibilities effectively. The process is generally smoother when both parties collaborate willingly, reducing potential conflicts and reaching agreements efficiently.

This resolution is then reflected in the parties’ separation agreement. This legal document lays out the agreed conditions of their separation and serves as the basis for a simple divorce. Drafting this agreement requires thoughtful planning, ensuring all rights and responsibilities are clear and fair for each person involved.

Alternatively, the parties can enter into a consent order with the Court which reflects the terms they agree to.

The separation agreement is submitted to the court with the Affidavit for Divorce.

Engaging a family lawyer or a divorce lawyer can streamline this process.

Ensure all steps are completed for a successful filing.

Court Approval

In the streamlined process of an uncontested divorce in Ontario, court appearances are typically unnecessary. The court has the responsibility to examine submitted documents to ensure they meet legal standards and that the divorce order is fair. When satisfied, the court will issue the final divorce order without requiring the couple to attend a divorce hearing.

Once the court issues the final divorce order, the couple will receive a certificate of divorce. This document serves as proof of the termination of the marriage under Canadian law.