Uncontested Divorce
Couples who have lived separate and apart for over a year and who are in total agreement about the division of assets, spousal support — and if there's children involved, have agreed on  the division of parental responsibilities and child support — can minimize the cost of the divorce process and avoid going to court by simply filing for an uncontested divorce.

​

Who Qualifies?
You qualify if:
1. You have lived in Ontario for at least one year
2. You and your spouse have lived separate and apart for a minimum of one (1) year prior to filing
3. You and your spouse have agreed on all relevant issues, such as:
3.1 Spousal support
3.2 Property Division
4. And if children are involved;
4.1 Child support
4.2 Parenting time
4.3 Decision-making responsibility

​

Avoid Going to Court
In cases of uncontested divorce, you generally don't have to go to court. You simply file the proper paper work, pay the requisite fees and wait for the court to review your application. Assuming you qualify and your application has been done accurately and completely, your divorce will go before a judge, who will sign a divorce order. This divorce order will be mailed to you and your divorce will take effect on the 31st day after the divorce order is signed by the judge. At which point, you are officially and legally divorced and free to remarry if you wish to.

​

What can go wrong?
An uncontested divorce in Ontario can go off the rails quickly. For example, if your spouse suddenly decides to make additional claims. When that happens an un-contested divorce suddenly morphs into a contested divorce. Things like child custody, spousal support, and division of property are all common areas where last minute claims arise. That's why it's best to approach the court with a pre-agreed and jointly signed separation agreement beforehand. 

Is a Lawyer needed for an Uncontested Divorce?
It's always beneficial have some guidance when filing for uncontested divorce in Ontario. It seems simple, but there are up to four complicated government forms that have to be accurately completed as part of the uncontested divorce process. A Law Society of Ontario licenced lawyer can guide you through an uncontested divorce and ensure your application is filled out and filed correctly.