Your Guide to an Uncontested Divorce in Ontario

Sep 23, 2025

Contested divorces can be overwhelming, but even an uncontested divorce in Ontario can be stressful. When you’re in the middle of a divorce, you’re looking for clarity, reassurance and a straightforward path to separation, with minimal overall impact.

At Kelly Jordan Family Law, as family law lawyers in Toronto, we work with many clients in this kind of situation. We understand how deeply personal the divorce process can be, and we approach it with the grounded compassion you need. We also provide you with the answers you’re seeking.

This guide lays out what you need to know about an uncontested divorce in Ontario, how long it takes, and how to file for an uncontested divorce in Canada. Let’s walk through it together.

What Is an Uncontested Divorce?

An uncontested divorce is when both spouses agree on all the issues involved, such as property, parenting, and support. They’re simply seeking a formal dissolution of marriage. There are no disputes, hearings, or courtroom battles. As such, the result is a smoother, more respectful conclusion that focuses on outcomes, not conflict.

In Ontario, it’s often referred to as a simple or joint divorce application, depending on how you choose to file.

How to File for an Uncontested Divorce in Ontario

This is the most common question we get from clients. Let’s look at the key steps for filing an uncontested divorce:

Choose the Right Application Type

A simple application (if only divorce is sought) or a joint application (if both spouses agree on all terms)—both use Form 8A: Application (Divorce)

Gather Required Documents

Form 8A completed and signed (if joint, both must sign and date; bring three copies).
The original marriage certificate (or explanation via affidavit in Form 36 if unavailable).

Where to File

File at a Superior Court of Justice (or Family Court branch), typically in the municipality where either spouse resides.
You may file online via Ontario’s Family Claims Online or Justice Services Online if you qualify.

Form 36: Affidavit for Divorce

Each spouse completes and swears in front of a commissioner in a joint divorce but in a simple divorce only the person who filed Form 8A needs to prepare an Affidavit for Divorce.
Form 25A: Divorce Order is drafted to reflect the agreed terms in the order.
File a copy of the draft Divorce Order with your Affidavit.

Service (If Not Joint)

If you file a simple (sole) application, someone other than yourself (18+) must serve the documents—including the application and the respondent’s forms—to your spouse. This can be arranged by your lawyer.
Service timelines: 30 days (inside Canada/US), 60 days (outside Canada/US).
Then file Form 6B: Affidavit of Service as proof.
What Follows
- Once the court reviews everything, it issues the divorce order, typically taking effect 31 days after the order date.

There are many steps to managing an uncontested divorce. Working with a family law lawyer, such as Kelly Jordan, can ensure you have everything you need to make the process as smooth and quick as possible.

How Long Does an Uncontested Divorce Take?

Now that you know the steps, let’s talk about time. An uncontested divorce in Ontario can move faster than a contested one, but timelines still vary depending on how promptly documents are completed and filed:

Filing and processing: If correctly submitted, courts can issue the divorce order within weeks, depending on the court schedules.
Effect period: Once granted, the divorce order takes effect 31 days later.

Practical Tips for a Smooth Experience

How can you make the process easier?

Use checklists like the “Simple Divorce Application Checklist” to ensure nothing is overlooked—from proper naming to court jurisdiction.
Double-check names, as they appear on your marriage certificate—any changes may require an affidavit explanation
Seek legal support to ensure that you have everything you need and that all forms are filled out correctly
Online filing reduces trips to court and speeds up processing if you qualify.
Ensure proper service, if applicable, and file proof promptly.
Keep copies of everything—for you, for your spouse, and for the court.

Even with agreement, legal advice ensures accuracy, avoids pitfalls, and gives peace of mind. Our team can help make the process a less stressful one.

Getting Legal Support For Your Uncontested Divorce in Ontario

Ready to proceed? An uncontested divorce in Ontario is a more respectful, efficient route when both parties agree.

Let’s review what we’ve shared in this guide:

What: A divorce agreed upon by both spouses with no conflicts, hearings, or contested issues.
How to file: Choose between a simple or joint application, complete the required forms, file (online or in-person), serve if needed, and submit proof.
How long: 6 to 8 weeks from filing to effective divorce, depending on paperwork completion and court schedules.
How to file for an uncontested divorce in Canada: Follow Ontario’s step-by-step. Select correct forms, address service requirements, and input accurate documentation.

If you’d like help reviewing your application, preparing forms, or filing online, Kelly Jordan Family Law is here. Our team can provide you with expert support so you can close this chapter of your life with dignity and confidence.

Contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation. Let us provide you with the guidance and representation you need.