How Do I Get an Uncontested Divorce in Ontario?

Ontario law allows couples to easily divorce if the divorce is uncontested.

Canadian law allows couples to get an uncontested divorce--a divorce in which both parties agree to the divorce and its terms. Getting this type of divorce is a matter of completing the paperwork and getting a judge's signature. You can file jointly, but most couples plan for one spouse to file and the other to decline to contest the divorce.

Things You'll Need

• Form for simple application for divorce
• Registration of Divorce Proceedings form
• Marriage certificate
• Affidavit of Service
• Affidavit of Divorce
• Divorce Order form
• 2 envelopes

Instructions

1. Determine which municipal court handles your divorce. If you and your spouse do not have children under the age of 18, you must file your divorce in the municipality in which you live. If your children live in a different municipality than you do and you are seeking custody or visitation, you must file your divorce in the municipality where your children live.

2. Decide which divorce application form you need. If your spouse does not contest the divorce and has no claims (i.e. custody, alimony, or division of property), you can complete a simple application. You and your spouse can fill out a joint application if neither one contests the divorce and have settled all claims independently. If you have other claims besides divorce, you can also complete a general application.

3. Obtain your divorce application as well as a Registration of Divorce Proceedings form from the court. Complete the forms.

4. Bring the forms to the court clerk along with your marriage certificate. If you do not have your marriage certificate, you can obtain it from the Office of the Registrar in Thunder Bay. If for any reason you cannot get a copy of your marriage certificate you can include information about your marriage on your application.

5. Turn all forms and your marriage certificate in to the clerk of the court. Pay any applicable fees. The court clerk will give you two copies of the completed application.

6. Serve your spouse with divorce papers if you are not filing jointly. Give a lawyer, relative, friend or police officer your spouse's copy of the application and attachments to give to your spouse. The person who serves the papers must complete an Affidavit of Service, have it notarized and turn it in to the court. You can then pick up a second set of forms from the court to complete your divorce.

7. Wait 30 days. Your spouse is legally allowed to contest the divorce during this time. After 30 days have passed and she has not contested the divorce, complete the second set of forms. Make one copy of the Affidavit of Divorce and four copies of the Divorce Order. File the original Affidavit of Divorce and three copies of the Divorce Order with the court and pay any applicable fees. Give the court two stamped envelopes so it can send you and your former spouse a copy of the final divorce order once it is granted.

8. Request a certificate of divorce from the court once you receive the signed divorce order in the mail.

Tips & Warnings

• Make sure you file in the correct municipality. The court must reject your divorce application if you file in the wrong municipality.

• Do not attempt to serve divorce papers yourself.

• If you are afraid your spouse might become violent once he receives papers, notify the court and it will assign someone to help you.

References

• Ontario Superior Court of Justice: A Guide to Family Procedures in the Superior Court of Justice - Part 6: Uncontested Divorce