Uncontested or simple divorces make leaving your spouse as painless as possible. If you both agree to divorce and can resolve differences amicably, an uncontested divorce is the quickest way to end a legal marriage. Axess Law makes a difficult time easier by filing applications for uncontested divorce in Ontario family court.
What is an Uncontested Divorce?
Uncontested or simple divorces allow you to bring marital relationships to a close without spending long hours in court. 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 just when you most want peace of mind.
Compared to going to court, you may be surprised at how long uncontested divorces take. As long as you live separate 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.
Is a Simple Divorce for You?
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, a contested divorce or legal separation are alternatives.
Documents We Need
If you decide an uncontested divorce is for you, bring the following to your online video call or in person appointment with an Axess Law Ontario family lawyer:
- marriage certificate
- government-issued photo ID to verify your identity
- separation agreement, if you have one
- emails, letters or correspondence with your spouse agreeing to divorce
- a parenting plan agreeing to parenting time and decision-making responsibility for any natural or adopted children you have.
You or your spouse can apply or you can apply together (see Joint or Uncontested Divorce below).
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.
Using Mediation in Uncontested Divorces
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 to help you find family solutions.
Joint or Uncontested Divorce?
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.
Serving Divorce Documents
Axess Law can serve divorce documents for you or you can have a third party or professional process server to 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.
Differences Between Legal and Religious Divorces
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.
What if I Change My Mind?
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 you divorce, you can always go to a marriage officiant and remarry your spouse.
Are You a Foreign or Out of Province Applicant?
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.
Trusted, Affordable Legal Services
Paying less for your divorce allows you to move on with your life or remarry sooner, without the financial burden of hefty legal bills. You could pay $20,000 to $30,000 or more for a contested divorce in Ontario. Compare that to our flat fee rates for simple divorces and see the difference Axess Law's affordable divorce services can make.
Our Ontario family lawyers charge just $699.99, plus court fees of $212 to file your application and $420 to schedule a divorce hearing by a judge. Traditional legal services cost much more because family lawyers charge hourly fees. We make divorce cheaper by simplifying the process and charging a single fee for uncontested divorces.
Ask Us About Our Family Law Services
Online uncontested divorces can be arranged by video conference anywhere in Ontario or you can visit our Greater Toronto Area law offices to talk to a licensed family lawyer near you.