How Long Does an Uncontested Divorce Take in Ontario?

A divorce is always difficult. On top of the emotional toll that comes along with separating from someone you once committed your life to, it also comes with legal challenges. Not only are you splitting from your spouse, but you will also have to deal with other important matters about your marriage, such as child support and custody, spousal support, and the division of assets, among others. However, if both spouses agree on all of these matters, the law provides a more efficient path: the uncontested divorce.

An uncontested divorce is one in which both spouses consent to the divorce and agree on all related issues, such as parenting arrangements, spousal and child support, and division of property. Because there is no dispute for the court to resolve, the process can move forward relatively quickly compared to contested divorces, which may take years.

Eligibility for an Uncontested Divorce in Ontario

Under the Divorce Act, a divorce can only be granted on the ground of marriage breakdown, which is most commonly established by a one-year separation. In Ontario, you are eligible to file for divorce if:

• You or your spouse must have lived in Ontario for at least 12 months before starting the application.
• You can prove the marriage has broken down, typically by showing you have lived separate and apart for one year. (Adultery and cruelty are also grounds under the Divorce Act, but they are rarely used in uncontested divorces, as they often involve contested evidence.)
• Both parties agree on the divorce and all corollary issues (custody, access, support, property).

If these conditions are met, you may proceed with an uncontested divorce.

How Long Does An Uncontested Divorce Take?

Uncontested divorces generally takes around 5 to 7 months to complete, provided that the process proceeds smoothly and without any major complications. However, timelines vary by court region and backlog. Some courts can finalize uncontested divorces within 3 to 6 months, while others may take longer. Nonetheless, the process isn’t as lengthy and arduous as contested divorces, which could take years to complete.

Step-by-Step Process of an Uncontested Divorce in Ontario

1. Mandatory Separation Period

Before filing for an uncontested divorce, spouses must live separately and apart for at least one year. This separation can take place under the same roof, provided the spouses maintain separate lives. The law also allows reconciliation for up to 90 days during this period without restarting the one-year timeline.

There are two exceptions to the one-year rule: adultery and cruelty. If one spouse can prove either and both agree to rely on this ground, the divorce can proceed sooner. However, if there is disagreement about the adultery or cruelty, the matter becomes contested and the simplified uncontested timeline no longer applies.

2. Submitting the Initial Application

The process begins when one spouse files a Form 8A (Application for Divorce) with the Ontario Superior Court of Justice. This document sets out the grounds for divorce, details of the marriage, and any issues concerning children or support.

In uncontested divorces, the application is usually filed by one spouse as a sole application, but couples may also file jointly if they agree from the outset.

3. Serving the Divorce Papers

After filing, the other spouse must be formally served with the application. Service can be completed by personal delivery or, in some cases, by mail. The responding spouse has 30 days to reply if they live in Canada, or 60 days if they reside outside the country. If no response is filed within that time, the divorce proceeds on an uncontested basis.

4. Documentation Submitted to the Court

Once the response period has passed, the filing spouse must submit key documents to demonstrate eligibility, including:

• An Affidavit for Divorce (Form 36), confirming separation details.
• Affidavit of Service (Form 6B), proving the application was properly served.
• A Marriage Certificate or other proof of marriage.
• A Divorce Clearance Certificate, confirming no other divorce proceedings exist.

If issues such as parenting, support, or property division need to be resolved, the couple may enter into a Separation Agreement or file a Consent Order (Form 25) with the court. These documents outline agreed-upon terms and ensure the divorce can proceed without dispute.

5. Court Review

The court then reviews the application and supporting documentation. In most uncontested divorces, no court appearance is required. However, the court may request a hearing if there are concerns about fairness or the best interests of the children.

6. Divorce Order and Certificate of Divorce

If the court finds everything in order, it will issue a Divorce Order (Form 25A). The divorce becomes legally effective 31 days after the order is granted. At that point, either spouse can request a Certificate of Divorce (Form 36B), which serves as official proof that the marriage has legally ended.

Timeline Overview

The minimum timeframe for an uncontested divorce would be around 6 months if the one-year separation has already been completed before filing. But if the mandatory one-year separation hasn’t been completed, the entire process could take 12 to 14 months.

How Nihang Law Can Help With Your Uncontested Divorce in Ontario

While an uncontested divorce in Ontario is much quicker than a contested one, it is still a significant legal process that requires careful preparation, proper paperwork, and compliance with both the Divorce Act and the Family Law Act. Mistakes or incomplete disclosure can delay proceedings or even invalidate agreements.

At Nihang Law, we help clients navigate uncontested divorces efficiently, ensuring that their rights and obligations are protected and that the process is handled with clarity and care. Call us today at (416) 321-0353 to discuss your situation and take the next step toward a smoother divorce process.