Simple or Joint Divorce in Ontario — What You Need to Know
When a marriage breaks down, it can be a very emotional and stressful time for everyone involved — especially when children, family matters, and finances are concerned. Divorce can sometimes become complicated, but in many cases, it can also be straightforward and manageable. A lot depends on the communication and cooperation between both parties. Even though the relationship may already be at a difficult stage, the divorce process itself does not always have to create more stress or hardship.
After trying everything possible to save the marriage, some couples may decide that divorce is the best path forward. Fortunately, in Ontario, a Simple Divorce or Joint Divorce process is generally less complicated and involves less paperwork compared to contested matters.
What Is a Simple Divorce in Ontario?
A Simple Divorce — also called an uncontested divorce — is filed by one spouse when the other spouse does not participate in the process. This type of divorce is suitable when:
- Both parties have already agreed on all issues such as property, support, and child custody
- One spouse is unable or unwilling to participate jointly
- There are no outstanding disputes between the parties
In a Simple Divorce, one spouse acts as the applicant and files all the necessary court documents. As a result, the process moves forward even if the other party does not actively participate. The court will still require proper service of documents on the other spouse, which means they must be formally notified of the application.
What Is a Joint Divorce in Ontario?
A Joint Divorce is filed together by both spouses. This is often the most efficient option when both parties are on good terms and agree that the marriage has broken down. In this case:
- Both spouses sign the application together
- There is no need to serve documents on the other party
- The process is generally faster and less expensive
Because both parties cooperate from the start, a Joint Divorce tends to involve fewer steps and lower costs overall. Furthermore, it avoids the need for a process server, which reduces both time and additional fees.
Simple vs Joint Divorce — Key Differences
| Simple Divorce | Joint Divorce | |
|---|---|---|
| Who applies | One spouse | Both spouses together |
| Service of documents | Required | Not required |
| Cost (our fee) | $450 + HST | $350 + HST |
| Court filing fee | $669 | $669 |
| Process server needed | Yes | No |
| Best for | One-sided filing | Cooperative couples |
Basic Requirements for Divorce in Ontario
Whether you choose a Simple or Joint Divorce, you must meet the following requirements under the Canadian Divorce Act:
- You or your spouse must have lived in Ontario for at least one year before applying
- You must have been separated for at least one year — this is the most common ground for divorce in Canada
- The marriage must be a legally recognized marriage
How Long Does a Simple or Joint Divorce Take in Ontario?
The timeline can vary depending on the court’s schedule and how quickly documents are processed. However, as a general guide:
- Document preparation: 1–2 weeks with our assistance
- Court processing time: typically 6–12 weeks after filing
- Total timeline: approximately 3–4 months in most cases
Therefore, it is important to start the process as early as possible, especially if you have time-sensitive matters to resolve.
How Much Does Divorce Cost in Ontario?
Here is a full breakdown of the costs involved:
| Fee | Simple Divorce | Joint Divorce |
|---|---|---|
| Our service fee | $450 + HST | $350 + HST |
| Court filing fee | $669 | $669 |
| Process server fee | Yes (varies) | Not required |
| Mailing / courier | If applicable | If applicable |
Court filing fees are paid directly to the court and are separate from our service fee.
Do It Yourself or Get Help?
You may choose to complete the process yourself by following the instructions available on the Ontario court website: Guide to Procedures in Family Court – Ontario Court
However, many people find the forms confusing and the process time-consuming. Even a small error can result in your application being returned by the court, which causes further delays. As a result, many Ontario residents choose professional document preparation services to avoid these setbacks.
How LNZ Legal Firm Can Help
Our team can assist you to make the process smoother, faster, and less stressful. Specifically, we can:
- Prepare the full divorce application package
- Complete all required court forms accurately
- Gather and organize supporting documents
- Prepare and commission your affidavits
- Submit the application to the court on your behalf
- Follow up with the court throughout the process until your Divorce Order is issued
We serve clients across Ontario, with our office located in Windsor, ON. Furthermore, we offer remote services so you can complete everything from the comfort of your home.
Ready to Get Started?
If you are considering a simple divorce in Ontario, our team is here to help you every step of the way. Contact us today for a consultation and let us take the paperwork off your hands.
For Consultation Call: +1 519-971-8219