A joint divorce is when both spouses agree to end their marriage and file the divorce application together. This process is meant for couples who have no disputes and want to avoid conflict, delays, and extra legal costs.
Here’s what defines a joint divorce:
- Both spouses agree the marriage is over
- Both spouses apply for the divorce together
- All parenting, support, and property issues are already settled
- No one is asking for additional court orders
- Both parties sign the application
This is a cooperative approach to ending a marriage and can help save time, money, and emotional stress.
Who Can File for a Joint Divorce in Ontario?
Joint divorce is available to couples who meet certain legal conditions. If all of these apply to you, a joint divorce may be the right choice.
- You and your spouse have lived apart for at least one year
- One or both of you have lived in Ontario for at least 12 months
- You both agree to the divorce and all related issues
- You’re not filing for divorce based on cruelty or adultery
- You can work together to complete and sign the forms
This process works best for spouses who want a clean break without going to court or arguing through lawyers.
Steps to File a Joint Divorce
Even though joint divorce is simpler than a contested one, it still requires several steps and official documents.
- Complete Form 8A: Joint Application for Divorce
- Provide a copy of your marriage certificate
- Fill out a Registration of Divorce Proceedings form
- Include an Affidavit for Divorce (Form 36)
- Submit a separation agreement if there are children or property involved
- File your documents at the Ontario Superior Court of Justice
- Pay the required court fees (unless you qualify for a fee waiver)
- Wait for the court to review your documents
- Receive a Divorce Order if everything is in order
- Wait 31 days for the divorce to become final
- Request a Certificate of Divorce if needed
This process usually takes about 4 to 8 weeks, depending on how busy the courts are and whether your forms are complete.
Pros of Joint Divorce
Joint divorce has become popular for a reason—it’s easier and less expensive than most other options.
- No need to serve papers or wait for a response
- Saves time because both spouses file together
- Lower legal costs than contested divorces
- Less stress because there are no court battles
- Encourages cooperation and respectful communication
- Keeps personal details out of the courtroom
- Better for parents who need to co-parent after divorce
If you and your spouse still get along—or at least agree on what needs to happen—a joint divorce helps preserve peace and privacy.
Cons of Joint Divorce
Joint divorce isn’t the right choice for everyone. There are some drawbacks to consider before going this route.
- Both spouses must be on the same page at all times
- One person can’t change their mind mid-process without delaying everything
- If financial or custody issues weren’t properly addressed, problems can arise later
- You might give up certain legal rights without realizing it
- The process may feel rushed or confusing without legal help
- If power imbalances exist, one person might feel pressured to agree
This process works best when there’s mutual trust and full transparency.
Why Legal Help Still Matters
Even if your divorce is joint and amicable, working with a lawyer still makes a big difference. Legal guidance protects you from errors, delays, or unfair outcomes.
- A lawyer ensures your forms are filled out properly
- They explain your rights so you don’t accidentally give up anything important
- Lawyers can help prepare or review your separation agreement
- They’ll make sure your parenting and support arrangements follow the law
- You avoid common mistakes that cause court rejections
- They keep the process smooth so you can move on faster
Some couples use one lawyer for document support, while others hire separate lawyers to get independent advice. Either way, legal help ensures your divorce is done right the first time.
Why Choose Joint Divorce?
Joint divorce is a great option for couples who want to avoid unnecessary stress and end things respectfully. It works best when:
- You agree the marriage is over
- You’ve already worked out support, custody, and finances
- You want to save time and money
- You’re willing to work together for a peaceful result
- You prefer to stay out of court
If this sounds like you and your spouse, a joint divorce could be the cleanest path forward.
What Happens After the Divorce Is Final?
Once the court issues a Divorce Order and the 31-day waiting period has passed, your divorce becomes legally final. At that point, either spouse can request a Certificate of Divorce from the courthouse as proof that the marriage has officially ended.
This document is especially important if you ever plan to remarry or need to show proof of divorce for financial or legal reasons. Although the process may feel purely administrative by this stage, it’s essential to confirm that all legal steps are complete.
A missed document or a filing error could create unnecessary problems later on. Working with a lawyer helps ensure the divorce is not only approved but also finalized correctly.
It’s also important to understand that the finalization of a divorce does not eliminate obligations created in your separation agreement. If the agreement includes ongoing child support, spousal support, or shared parenting duties, those responsibilities remain in effect.
Failing to follow through on these legal obligations can lead to enforcement actions or court intervention. This is why it’s critical that both spouses fully understand the terms of their agreement before filing jointly.
A divorce may end the marriage, but the legal and financial responsibilities outlined in your documents continue to matter.
Joint Divorce and Emotional Closure
A joint divorce isn’t just a legal process—it’s often an emotional milestone. For many couples, choosing this cooperative path is a reflection of mutual respect and a shared desire to move forward peacefully.
Unlike contested divorces, which can prolong tension and lead to bitterness, a joint application can provide both parties with a sense of closure and dignity. When both spouses feel heard and respected throughout the process, it’s easier to heal and rebuild separate lives.
Still, ending a marriage—even amicably—can be a complex emotional experience. Some people struggle with the finality of the paperwork, while others may feel overwhelmed by the transition.
That’s why having the right legal team matters. Lawyers do more than draft documents—they provide guidance, clarity, and reassurance. Knowing that the legal details are handled allows you to focus on the next stage of your life, whether that means co-parenting effectively, reorganizing your finances, or simply starting fresh.
At Nussbaum Family Law, we understand that every divorce is personal, and we approach each case with empathy as well as legal precision.
How Nussbaum Family Law Can Help
Even when things are going smoothly, legal support ensures nothing falls through the cracks. At Nussbaum Family Law, we help Ontario couples file joint divorces efficiently and affordably—whether you need full legal support or just help with paperwork.
Here’s how we support your joint divorce:
- Review or prepare your joint divorce forms
- Ensure your separation agreement is valid and enforceable
- Confirm that parenting plans meet legal standards
- Help you understand your rights and obligations
- Minimize risk of court delays or rejection
- Offer transparent pricing and flexible service options
You’ve made the decision together—now let us help you take the final steps with confidence.
Talk to a Divorce Lawyer Before You File
A joint divorce can be a fresh start done right—but it still needs to be done carefully. If you and your spouse are ready to move forward, Nussbaum Family Law is here to make sure your joint divorce is legal, smooth, and fair.
Book a consultation today to make sure your joint divorce in Ontario is handled properly. We’ll guide you through every step—so you can start your next chapter with peace of mind.
