Uncontested Divorce in Canada: How It Works and What It Costs

If you and your spouse agree on the key issues, an uncontested divorce may be the simplest path forward. This guide explains the process and what to expect.

An uncontested divorce is the simplest, fastest, and least expensive way to end a marriage in Canada. It occurs when both spouses agree on all the key issues, including property division, spousal support, parenting arrangements, child support, and parenting arrangements, or when the responding spouse does not file a response to the divorce application. Because there is nothing for the court to decide, the divorce can be processed on paper without a hearing, significantly reducing both the timeline and the cost.

Most divorces in Canada are processed on an uncontested basis. This does not mean that these divorces are free of conflict or negotiation. In many cases, the spouses have already worked through their disagreements (often with the help of lawyers, mediators, or collaborative professionals) and have reached an agreement before filing. The uncontested process simply reflects the fact that by the time the application reaches the court, there are no outstanding disputes for a judge to resolve.

What Makes a Divorce Uncontested?

A divorce is considered uncontested when one of the following conditions is met: both spouses file a joint application agreeing to the divorce and all related terms, or one spouse files a sole application and the other spouse either consents or does not file a response within the prescribed time period. In either scenario, the court can process the divorce through a desk order (also called a divorce on the record), where a judge reviews the paperwork in chambers without requiring either party to appear.

Cost Comparison

One of the greatest advantages of an uncontested divorce is the cost savings. Court filing fees are modest compared to the total cost of a contested proceeding, and legal fees are significantly lower because there are no hearings, conferences, or trial preparation required.

Uncontested Divorce in Ontario

In Ontario, an uncontested divorce is filed at the Ontario Superior Court of Justice. You can file a joint application (where both spouses apply together) or a sole application (where one spouse files and the other is served). If filing a sole application, the respondent has to file an Answer within the response period. The deadline for the person who's served: You have 30 days to respond after you're served. If you're served outside Canada or the United States, it's 60 days (Family Law Rules, rule 10 (answering a case)). If no Answer is filed, or if the respondent files a consent, the divorce proceeds as uncontested.

Step-by-Step Process

Tips for a Smooth Uncontested Divorce

While an uncontested divorce is the simplest type of divorce, there are still common pitfalls that can delay the process or result in your application being returned by the court. The following tips will help you avoid the most frequent mistakes.

When an Uncontested Divorce May Not Be Possible

An uncontested divorce is not always achievable. If you and your spouse cannot agree on one or more key issues such as property division, support, or parenting arrangements, your divorce may become contested. Similarly, if one spouse refuses to participate in the process or cannot be located, additional steps (such as seeking an order for substituted service) may be required, which can add time and complexity to the process.

Frequently Asked Questions

This content is for informational purposes only and does not constitute legal advice. Laws vary by province and individual circumstances. Consult a qualified family lawyer for advice specific to your situation.