In Ontario, you can ask that the court grant you a divorce order on an uncontested basis. This means that all issues arising from your separation, including but not limited to decision-making (custody), parenting time (access), child support, spousal support, and division of property have been settled between you and your spouse. The only remaining piece is then to obtain a legal divorce, something only a court can provide.
Simple or Joint?
You can apply for an uncontested divorce on either a simple or joint basis. In a simple divorce, there are no other orders that will be included in the divorce order. Essentially, you are seeking that the court grant you an order for divorce only. Conversely, if you would like your divorce order to include, for example, the agreed to provisions related to custody, access, or child support, you would apply for a joint divorce.
Moreover, if you and your spouse together are filing for a divorce and wish to both sign the Application, you would file for a joint divorce. Joint divorces can sometimes be processed faster than simple divorces as there is no requirement to serve your spouse if both parties are signing the Divorce Application. This is different from a simple divorce, where only one party signs the Divorce Application and must serve the Application on their spouse through personal service. This can be done by anyone other than the Applicant themselves. The rules to service of documents are found in the Family Law Rules.
In either the case of a simple or joint uncontested divorce, there is no requirement for either party to attend before a judge.
Once you have obtained your Divorce Order, you will need to apply to the court for a Certificate of Divorce. You can only file a Certificate of Divorce once you have received your Divorce Order. If you wish or intend to remarry in the future, be sure to obtain your Certificate of Divorce and keep it handy.
It can be confusing to know which Divorce Application is the right one to use, as well as the rules behind service and filing. Contact our office today to discuss flat-fee options for your uncontested divorce.