Not all divorces are messy. In fact, many couples part ways peacefully and simply want to move forward. If you and your spouse agree on major issues—such as custody, support, and property division—you may qualify for what’s known as a simple divorce in Ontario.
This streamlined option is ideal for people who are ready to legally separate without the drawn-out conflict or court battles. But while the process is faster and more cost-effective, there are still legal requirements to follow—and that’s where guidance from a family law lawyer can help.
Let’s break down what a simple divorce is, who qualifies, and how to navigate the process efficiently.
What Is a Simple Divorce?
A simple divorce is the most straightforward type of divorce available in Ontario. It focuses on ending the marriage only, without asking the court to settle related issues like child custody, spousal support, or property division.
Here’s what defines a simple divorce:
- One spouse applies: Only one party files for divorce—this is known as a sole application.
- No contested issues: The applicant does not seek any additional orders (e.g., support, parenting).
- Spouses are in agreement: Both parties accept the divorce and are not disputing any terms.
- No need for court appearances: In most cases, the process is done entirely through paperwork.
A simple divorce can work well if all other family law matters have already been settled through a separation agreement or mutual understanding.
Who Qualifies for a Simple Divorce in Ontario?
Not everyone can use the simple divorce route. There are specific eligibility criteria under Ontario and federal law.
Here’s how to know if you qualify:
- You’ve been separated for at least one year: This is the most common ground for divorce under the Divorce Act.
- You or your spouse have lived in Ontario for at least 12 months: One of you must meet this residency requirement before applying.
- There are no unresolved family law disputes: Child support, spousal support, and asset division should already be settled.
- There is no claim of cruelty or adultery: These are fault-based grounds and do not apply in a simple divorce.
- You’re not seeking court orders beyond the divorce: If you want the court to decide on parenting or finances, this becomes a regular or joint divorce.
If both spouses agree that the marriage should end and all legal issues are settled privately, a simple divorce can be a fast and low-stress solution.
Steps to File for a Simple Divorce in Ontario
Even though the process is simplified, there are still specific legal steps to follow. Missing a step—or filing documents incorrectly—can delay the divorce or lead to a rejection by the court.
Here’s how to file a simple divorce:
- Step 1: Prepare the documents: The main form is the Application (Divorce), Form 8A. This must include details about the marriage, the date of separation, and the relief you’re seeking (divorce only). You’ll also need your: Marriage certificate (original or certified copy), and Affidavit for Divorce (Form 36).
- Step 2: File your application: Submit your completed application at the courthouse in the municipality where either you or your spouse lives. You can file in person, by mail, or online through the Ontario Family Law Portal.
- Step 3: Serve the documents on your spouse: A copy of the divorce application must be formally served on your spouse. You cannot do this yourself—it must be done by someone 18 or older who is not a party to the case. Service must follow strict legal rules and include proof of service (Form 6B).
- Step 4: Wait for a response: Your spouse has 30 days to respond if they reside in Canada (or 60 days if abroad). If they do not contest the divorce, the process moves forward uncontested.
- Step 5: Submit your final paperwork: If no response is filed, you’ll submit the Affidavit for Divorce, a draft Divorce Order, and any other required documents. The court then reviews your file.
- Step 6: Receive your divorce order: If everything is in order, the judge will sign the Divorce Order. It takes effect 31 days after the order is issued.
- Step 7: Apply for the Certificate of Divorce: After the 31-day period, you can request your official Certificate of Divorce. This is your legal proof of divorce and may be needed if you want to remarry.
How Long Does a Simple Divorce Take?
One of the main advantages of a simple divorce is speed—especially compared to contested divorces, which can drag on for months or even years.
Here’s what to expect for timing:
- Filing to service: This can be completed within a few days to a week.
- Service to response deadline: 30 days if your spouse lives in Canada.
- Court processing: Once all final documents are submitted, most divorces are granted within 4–8 weeks depending on the court’s backlog.
- Finalized divorce: Becomes official 31 days after the judge grants the divorce.
In total, you can expect the process to take about 3 to 4 months from start to finish, provided everything is completed correctly and there are no delays.
However, even a simple mistake on a form—or incomplete service—can extend the timeline significantly.
How a Lawyer Ensures a Smooth Simple Divorce Process
Although it’s called a simple divorce, the legal requirements are still precise. If you’re unfamiliar with Ontario’s divorce procedures, it’s easy to make errors that cause frustrating delays.
Here’s how a lawyer can help make the process faster and smoother:
- Prepares the correct forms: Lawyers know exactly which documents to file and how to complete them properly the first time.
- Ensures valid service: Service of documents must be done according to strict legal rules. A lawyer helps ensure this is completed without issue.
- Avoids court rejections: Many self-filed divorces are delayed or rejected due to incomplete applications or missing documents.
- Handles communication with the court: A lawyer keeps your file moving through the court system and responds to any procedural issues.
- Reduces stress and time: When a lawyer manages your file, you can focus on moving forward instead of navigating bureaucracy.
- Provides clarity and peace of mind: Even if your divorce is uncontested, legal guidance ensures you’re not overlooking important details.
Some family law firms offer flat-rate simple divorce packages to make the process affordable without sacrificing quality. It’s a low-cost way to gain legal protection while still saving time and money.
Thinking About a Simple Divorce? Get Support You Can Trust
Even when both parties agree to part ways, divorce is still a legal process—one that affects your status, finances, and peace of mind. While a simple divorce in Ontario is faster and more affordable than contested cases, it still requires careful attention to the law.
At Nussbaum Family Law, we offer efficient, flat-fee divorce services for clients looking to finalize their separation with minimal stress. Whether you need help filing documents or want complete legal representation, our team ensures your simple divorce is done right the first time.
Don’t risk delays or rejections. Contact Nussbaum Family Law today and let us guide you through a fast, affordable, and legally sound divorce process.
