How Do I File For Uncontested Divorce In Ontario?

You're an eligible candidate for uncontested divorce if you and your spouse agree on all of the terms of your separation. Amicable divorces are a popular choice among Canadians as you can save time and money on the legal proceedings required in contested splits. However, this means navigating the legal procedures without the help of a lawyer. Thistoo specializes in uncontested divorces and are here to guide you through the process. To start your simple divorce click the button below:

For more information about what the simple uncontested divorce process looks like continue on. We've broken down the process for a simple divorce into 6 easy steps. For information about what differentiates a simple divorce from a joint divorce check out this post or click the button below if you already know you want a joint divorce.

Guide to uncontested divorce

Before you can finalize your uncontested divorce you and your spouse need to be separated for at least a year. Separation can take several forms such as having one party moving out of the matrimonial home, or leading separate lives within the same home. However, you choose to separate having a separation agreement in place is the best way to set the terms of your separation and to protect yourself during the process. With Thistoo you can generate your own separation agreement in as little as 15 minutes.

Step 1

To start the divorce process you will have to file Form 8A: Application for Divorce, and your marriage certificate at your local Superior Court of Justice. This is the only court that can handle divorce applications, you can find the various locations here. If you do not have your original marriage certificate, and your marriage was registered in Ontario, than you can request a copy from Service Ontario. Form 8A and all other divorce forms can be accessed through thistoo.co. You should make three copies of Form 8A before submitting it to the court; one for your records, one for your spouse, and one for the court. You should bring all three forms to the court office to be stamped. At this time file one of them along with your marriage certificate. The court will then provide you with a form entitled "Registration of Divorce Proceedings" to officially open the application.

Step 2

In order to keep track of your divorce case and all of the related paperwork you will need to create a continuing record at the court house. The Family Law Rules require that you file every document in your case in your Continuing Record so that a judge can easily find these documents when they are needed. For more information about the Continuing Record, please see these government guidelines. You will need to provide a record cover and cumulative table of contents. At this point the table of contents will include Form 8A, your marriage certificate, and your registration form. As more documents are added to the continuing record you will need to update the table of contents so that the court can easily access your files. 

Step 3

Once you're divorce is filed you will need to serve your spouse. It is best to use a process server as they will provide proof that your spouse was served and the specific day that they were served on. Even if you are your spouse are getting along now, you do not want to give them the opportunity to delay the divorce by claiming they did not receive the papers or that the received them on a later date. You will need a blank Form 10: Response, their copy of Form 8A, and a copy of the continuing record. You can get Form 10 here. Once they are served they will have 30 days to respond if they reside in Canada and 60 days to respond if they are out of the country. Once they have been served you will need to get Form 6B: Affidavit of Service. This must be signed with a proper witness by your process server and then submitted to your continuing record. You can find it here. If your spouse does not respond, or responds in agreement to the terms of the divorce then your divorce continues as uncontested. If they respond and disagree with any of the terms than the divorce is contested and you will not be able to continue with this process. 

Step 4

The next step is to complete and file Form 36: Affidavit for Divorce and Form 25A: Divorce Order. Both can be found here. Form 36 outlines the reasons for divorce, it is a sworn or affirmed document that affirms information about your marriage certificate, children, and any arrangements you’ve made regarding child support, custody, and access. Having your marriage certificate handy will make filling out this form much faster. You can fill it out on your own time but must sign it at the court house with a proper witness. Form 25A will be mailed back to you once your divorce is approved. You will therefore also need to provide the court with two stamped pre-addressed envelopes for your spouse and yourself that the court will use to inform you of your final divorce order. 

Step 5

Step five is to file your separation agreement and Form 26B: Affidavit for Domestic Contract. If you have not already created a separation agreement do so now. With thistoo's templates it can be completed in as little as 15 minutes.

Form 26B requires you to attach your separation agreement and swear or affirm that the agreement has not been disregarded by any court or changed by a subsequent agreement between the parties. Either spouse can file this form, and only the spouse who files it needs to sign it. Like the other forms it can be filled out ahead of time but needs to be signed at the court house with a witness.

Step 6

Once your divorce has been approved you and your spouse will each receive a copy of Form 25A: Divorce Order in the mail. 31 days later you can request a copy of your divorce certificate. This is not necessary but will be required if you are to remarry. there is a $19.00 fee associated. 

To start your divorce process or to try some of our free divorce tools head to thistoo.co