Uncontested Divorce

Uncontested or simple divorces allow you to bring marital relationships to a close without spending long hours in court. Axess Law family lawyers make the tough time through a divorce easier by filing your applications for an uncontested divorce in Ontario family court.

What is an Uncontested Divorce?

An uncontested divorce takes less time to complete. Provided both you and your spouse believe divorce is the best solution, you can apply as soon as your marriage breaks down. Uncontested divorces are a no-fault option. They eliminate time-consuming or upsetting court hearings when you both just want to go on with your lives.

Compared to going to court, you may be surprised at how long uncontested divorces take. As long as you live separately and apart for at least a year, a simple divorce takes just four to six months to complete. Your divorce application is reviewed by an Ontario family court judge and unless they have questions, quickly approved. Your divorce takes effect 31 days after the divorce order is issued. That gives you more time to spend with family or partners because your divorce is over and done with.

How It Works

01

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

02

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.

03

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.

Draft a parenting plan agreeing to parent time and decision-making responsibility for minor or dependant children with your spouse. This would also include how you will support your children financially, including expenses like extracurricular activities.

Include a summary of incomes, assets, and debts if you are seeking child or spousal support.

Separation Agreements and Parenting

Separation agreements help you and your spouse decide what to do with the matrimonial home and other assets or debts when you split. If you have minor or dependent children, you can specify in a separation agreement where they will live, when parenting time will occur and how you will share decision-making responsibility. Family courts expect to see parenting plans and may require you to attend court if parenting or child support issues are unresolved.

Separation Agreement Checklist for Ontario

A formal separation agreement in Ontario for filing in family court must:

  • have detailed disclosure of assets, debts, and liabilities
  • be signed by both parties and witnessed
  • be made voluntarily, without duress
  • be accompanied by independent legal advice certificates
  • include information on decisions you have made, such as child custody, access,
  • spousal support, child support payments, and dividing shared property
  • and can determine who lives in a family or matrimonial home.

What Can a Family Lawyer Help Me With?

Axess Law makes a difficult time easier by:

Filing applications for uncontested divorce in Ontario family court

Provide advise you on outstanding issues before filing for divorce

Suggest independent mediators to help you find family solutions.

Locate and serve divorce documents to your spouse

What Our Customers Say About Us

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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.

Applying for divorce can be costly or cause relationship issues you’d rather avoid. An uncontested divorce simply may not work for you if:

  • your spouse committed adultery
  • or you experienced physical or mental cruelty.

Proving adultery or cruelty allegations can cause disputes that make it harder to settle your differences. If that’s the case or your spouse doesn’t want a divorce, contested divorce or legal separation are alternatives.

Mediation is not mandatory when you consent to divorce, but can be useful for drafting legal separation agreements. If your spouse changes their mind and contests the divorce, mediators help you resolve whatever differences you can before you get to court. Axess Law’s family lawyers advise you on outstanding issues before you file for divorce or, if you prefer, suggest independent mediators help you find family solutions.
Rather than filing a divorce application on your own, you and your spouse can apply for a divorce jointly in Ontario family court. Axess Law recommends getting independent legal advice before signing retainers for joint divorces or any legal agreement with your spouse.
Axess Law can serve divorce documents for you or you can have a third party or professional process server deliver legal papers to your spouse. The cost of uncontested divorce in Ontario, Canada, varies, depending on the time it takes to locate your spouse.
Religious divorces are granted by faith-based groups to allow couples to remarry within their religion. Jewish couples, for example, may require a “get” or religious divorce to be married in a synagogue. A religious divorce doesn’t legally end your marriage in Ontario and you will require both if you plan to marry again.
You can reconcile with your partner for up to 90 days and still get a divorce without reapplying if things don’t work out. Divorce orders are final in Ontario. But if you do change your mind after your divorce, you can always go to a marriage officiant and remarry your spouse.
Either you or your spouse must be an Ontario resident to get a divorce here. Even if you live out of province or are a foreign resident, you can get divorced in Ontario provided your spouse ordinarily resided in Ontario for at least a year before starting divorce proceedings.

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