Joint Divorce

Get expert advice on the matters of family law from your home. We bring legal expertise to you in the most convenient and affordable way.

The No Contest Divorce Option

Contested divorces often result in lengthy negotiations and are just unpleasant. Joint divorces, however, help couples feel more empowered about divorce.

With a joint divorce, you can settle issues like where children will live when you spend time with them and who pays debts or lives in your matrimonial home. Axess Law’s licensed Ontario lawyers can meet with you by video call anywhere in Ontario or in person at our Greater Toronto Area law offices to draft a separation agreement. We recommend independent legal advice to ensure you understand your legal rights and file a form 36 affidavit for divorce joint application in Ontario family court for you.

Most judges sign off on joint divorces without question, but you could be called into court briefly to explain reasons for your divorce or arrangements you make for children. Resolution is quick and the whole divorce takes just three to six months.

How It Works


Book Your Appointment

Click on ‘Get Started’ to submit your details. Our client care team will contact you shortly to schedule your appointment with the lawyer


Meet With The Lawyer

Axess Law gives you legal advice as your case requires. Family lawyers can meet you in person or online, at your convenience.


Review Documents

Our family lawyers file legal documents or answer court questions. We help you navigate through your domestic legal issue with ease.

Documents We Need

Whether you are seeking independent advice on what options you have or need guidance on family law needs, Axess Law’s legal services make getting legal advice a simple task. Bring the following for your online video conference (anywhere in Ontario) or in-person meeting at our Greater Toronto Area law offices:

Axess Law will ask you for two pieces of ID. Proving your identity is obligatory to prevent fraud. You may use either two pieces of primary ID or one primary and one secondary ID. These include:

  • Driver’s license
  • Canadian passport
  • Ontario photo card
  • Canadian citizenship card with photo
  • PR card with photo
Your family lawyer may ask you for your marriage certificate or if there is no certificate, details about the marriage, and witnesses.
Your lawyer will ask to see emails, letters, or correspondence with your spouse agreeing to a divorce.
Many couples draft and sign a separation or settlement agreement. If you have one, carry the original or a true copy to your appointment.
If you and your spouse signed a cohabitation, prenuptial, or marriage contract, carry them to your appointment for your lawyer to review.

Axess Law suggests bringing any and all court orders related to your marriage when meeting your lawyer.

Draft a parenting plan agreeing to parent time and decision-making responsibility for minor or dependant children with your spouse. Explain how you will support your children financially, including expenses like extracurricular activities
Documents for a child or spousal support order usually include a summary of incomes, assets, and debts that will be spent towards your child’s education, cost of living, and more.

Joint Divorce for Peace of Mind

Think of the peace of mind a joint divorce could bring you and your family. Instead of facing lengthy and expensive days in court, you and your spouse can part on cordial terms. You get to go about organizing your personal and private affairs sooner, content that your Will and financial records are up to date. Your friends and family can see you’ve agreed to go your separate ways, without the animosity a contested divorce can cause. When you want to settle your differences privately, ask Axess Law’s Ontario family lawyers to file a joint application for divorce.

Joint vs Simple Divorce

As long as your spouse doesn’t object to your divorce application, a simple divorce or uncontested divorce is the quickest option available. You file for divorce on your own and your spouse agrees not to contest your application. Filing joint divorce applications shows the family court you are committed to and have resolved issues that can keep couples in court for a very long time. Instead of waiting for your spouse to reply to your court documents, a joint divorce will allow you to file for divorce together. Your divorce decree is issued 31 days after the divorce order is issued.

Eligibility for a Joint Divorce

Ontario family courts want to be sure your marriage is truly over before they sign a divorce decree. You may be eligible for joint divorce in Ontario if you:

Were legally married by a registered marriage officiant.

Have lived separate and apart for at least a year.

Agree divorce is the best option for ending your relationship.

Both spouses consent to an uncontested divorce.

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Convenient Appointments

Axess Law gives you the choice of booking an online or in-person appointment. Our lawyers are available 7 days a week, at times convenient for you. We can meet in person, by phone, email, or via a remote video call. In addition to these, there are 5 Axess Law offices located across the Greater Toronto Area – all with onsite parking or easily accessible by public transit.

Some FAQs

Notary publics can offer some legal services, such as taking affidavits for the court, witnessing legal documents you sign, or making certified true copies of documents for legal purposes. Only lawyers licensed by the Law Society of Ontario can offer legal advice on interpreting the law or represent you in court.
Courts, tribunals, banks, or law firms often ask for independent legal advice certificates to confirm a lawyer not involved in a legal or financial transaction has explained Canadian or provincial laws to you and you are not being unduly influenced or coerced to participate. Axess Law helps you meet your legal obligations to third parties.
Ontario courts have ruled that not seeking independent legal advice is no reason to overturn a legally signed agreement. You are expected to safeguard your own interests by taking steps to understand what you are signing before you commit to legally binding contracts such as mediation agreements. Even if you felt coerced at the time, that may not be enough to convince a court. Before you waive legal rights you may regret later, ask Axess Law for an ILA certificate.
If your spouse has been agreeable all along but changes their mind, you can revise your application to a contested divorce and let a judge decide issues for you. It is not necessary for your spouse to file jointly with you. You can have Axess Law file a sole application and serve your spouse with divorce papers.
You can apply for a divorce as soon as you and your spouse separate. Starting early means your divorce can be finalized as soon as the separation year is over.

Only couples who were legally married by a registered marriage officiant can get divorced. Common law couples can simply separate.

A religious divorce for Jewish faiths doesn’t legally end a marriage in Ontario. You require both if you plan to remarry.
The family court may not approve your joint divorce application if you can’t meet all the conditions. A joint divorce is definitely not suitable if you want a divorce because of adultery or physical or mental cruelty. Apply instead for an uncontested divorce, if your spouse agrees to end your marriage, or a contested divorce if they don’t.

Living separate and apart doesn’t mean you have to move out. As long as your relationship is over, you can share your home while you make other decisions about your new life. Be aware you may have difficulty convincing a judge you plan to divorce unless you are sincere about separating.

Who gets the matrimonial home depends on the decisions you make as a couple. Joint tenancy and divorce can be complex. In joint divorce, you decide if you want to live separately and apart in your own home or let children live there with the primary caregiver parent. You can sell, rent or even transfer ownership to a trust for minor children and stay there during parenting times. The choice is yours.

Family courts do realize divorce is a serious step and that many couples change their minds. You can resume your relationship for up to 90 days without having to reapply for divorce. If your trial reconciliation doesn’t work out, your divorce will go forward without interruption.