How To Get a Simple Divorce or an Uncontested Divorce in Ontario w/ Downloadable Forms

June 24, 2020February 19, 2021 by canadalegalaid

• What is a Divorce?
• Get a Simple Divorce in Ontario:
– What is a Simple Divorce?
– When Can You Apply for a Simple Divorce?
• How To Get an Uncontested Divorce in Ontario:
– What is an Uncontested Divorce?
• What is a Joint Application for Divorce?
• How To Apply For a Simple Divorce or an Uncontested Divorce:
• Documents Needed When Applying to Get a Divorce (Downloadable)
– Application (Form 8A)
– Affidavit (Form 36)
– Divorce Order (Form 25A)
– Marriage Certificate
– Registration of Divorce Proceeding
– Continuing Record and Table of Contents
• Other Documents that May be Required When Applying for a Divorce:
– Financial Statement if No Property Division (Form 13)
– Financial Statement if Dividing Property (Form 13.1)
– Parenting (Custody / Access) Affidavit (Form 35.1)
– Support Deduction Order (Form 1) and Support Deduction Order Information Form (Form 2)
• Next Steps in Divorce Paper Work
– “Issuing” Your Application
– “Serving” Your Documents
– Using a Process Server
– What if My Spouse Refuses to Take the Divorce Papers?
– What if I Start the Divorce Application and My Spouse Contests it?
– For a Simple or Uncontested Divorce How Long Does the Court Take?
– What Happens After the Judge Signs the Divorce Order: How do I Get My Copy of the Divorce Order?
– What is a Divorce Certificate and How Do I Get a Copy?

What is a Divorce?

A divorce is a legal process which legally ends a marriage. At the end of the process, the judge will sign a court order stating that the marriage has ended.

A divorce is only needed by married couples who want to legally end their relationship. Common law couples do not require a divorce – the relationship simply ends when the parties stop living together.

How To Get a Simple Divorce in Ontario:

What is a Simple Divorce?

A simple divorce is a divorce (a legal process which legally ends a marriage), where one or both spouses want a divorce and no other court oders will be needed; for example, the spouses do not have property to divide, there are no claims for child or spousal support, and there are no issues of child custody or access.

When Can You Apply for a Simple Divorce?

You can apply for a simple divorce if both spouses agree to the divorce, or if only one spouse wants the divorce. The key is that there are no other family law matters to deal with (property, support etc.).

How Can I Get an Uncontested Divorce in Ontario?

What is an “Uncontested” Divorce?

An uncontested divorce is a divorce (a legal process which legally ends a marriage), where:
– Both spouses agree to get divorced and both spouses agree on all related family law issues like dividing their property, child and spousal support, and custody and access of children;
OR,
– One spouse applies to court for divorce and the other spouse does not respond to the application to fight it (or to “contest” it).

NOTE: Both a simple divorce and an uncontested divorce use a simpler procedure and can usually be completed solely through paperwork, without either spouse having to attend court to present evidence to a judge.

What is a Joint Application for Divorce?

If the spouses are agreed on all family law matters, (meaning the divorce and all related family law matters are uncontested), and if the spouses can communicate and do the paperwork together, they can make a joint application.

A joint application literally means the spouses complete and submit the divorce application paperwork jointly. The spouses are co-applicants on the paperwork, so they both sign the same Application (Form 8A) when making the application.

If submitting the documents jointly isn’t possible or practical (for example, if the parties aren’t communicating) one spouse can make the application themselves. This means, one spouse can complete and sign the paperwork to start the application, and simply wait for the other spouse to respond or not.

Either way, if the divorce is not contested by a spouse, there is no need for a lengthy court process or for a judge to get involved to decide matters in dispute (as there are no matters in dispute).

How Do I Apply For a Simple Divorce or an Uncontested Divorce?

In Ontario, you have two options to apply for a simple divorce or an uncontested divorce. You can apply:

– In person, at the courthouse in the county in which you reside;

– Online at: https://www.ontario.ca/page/file-divorce-application-online.

NOTE: If you apply online, this simply starts the application and allows you to pay online. You will have to submit paper documents to the court at a later stage in the application process.

Documents Needed When Applying to Get a Divorce:

1. Application (Form 8A): Whether you apply online or in person at a courthouse, you will need to complete an Application for divorce, which is Form 8A. If you are applying in person, or if you simply want to see the information required before you start an online application, you can access Form 8A here:

http://ontariocourtforms.on.ca/static/media/uploads/courtforms/family/08a/flr-8a-e-1016.pdf.

As mentioned above, you can either do the uncontested divorce application jointly with your spouse, or by yourself. Either way, you use Form 8A.

2. Affidavit (Form 36): You will need to swear an affidavit stating that you are seeking a divorce. If you are applying jointly with your spouse, you each must swear your own affidavit.

The affidavit (Form 36), is available here:
http://ontariocourtforms.on.ca/static/media/uploads/courtforms/family/36/flr-36-e.pdf.

3. Divorce Order (Form 25A): This is the court order you want the judge to make. It should include everything you want. For example: a divorce, spousal support, child support, division of a property, and the specific details of these terms (How much support? In a lump sum or monthly? What assets will be divided and how?).

The Divorce Order (Form 25A) is available here: http://ontariocourtforms.on.ca/static/media/uploads/courtforms/family/25a/flr-25a-e.pdf.

Caution: drafting court orders is tricky. Certain paragraphs, such as those relating to child support, must be worded in a particular way, or they may not be enforceable. It is strongly recommended that you hire a lawyer to help you draft the order relating to your divorce and related family law matters, even if you and your spouse are in agreement on all matters. There are many details that are important to include, which you and your spouse may not have turned your minds to.

The following document provides a compilation of sample orders in family court in Ontario. Not all of these terms will apply to every case, but if you do not have a lawyer, and if you will be drafting the order (Form 25A) yourself, the following may assist you. Caution: these sample orders are not legal advice. It is strongly recommended that you review with a lawyer the meaning and advisability of each of these terms before including them in the court order.

http://ontariocourtforms.on.ca/static/media/uploads/courtforms/family/clauses/Standard-Clauses-for-Orders-EN.doc.

4. Marriage Certificate: You can obtain your marriage certificate (if you don’t already have one) from the provincial government, in the province in which you were married.

5. Registration of Divorce Proceeding: This is a document you can get online at: https://www.justice.gc.ca/eng/fl-df/divorce/crdp-bead.html.

You must complete this document and give it to the court when you file (deposit with the court) your divorce Application. The court reviews this document for completeness and then sends it to the Federal Registry of Divorce Proceedings. The Registry is simply a database by which the federal government keeps a record of all the divorce proceedings in the county. It helps streamline divorces so that people don’t apply for a divorce more than once or in different provinces at the same time.

6. Continuing Record and Table of Contents: The Continuing Record is basically a cover page, which lists the parties and their addresses and other contact information, and a table of contents.

The cover page provides the parties’ (or their lawyers’) contact information so that the court and the parties can contact each other.

The table of contents lists all the documents in the court file. Each time a party files documents in the court file, they need to update the table of contents to include the new documents being filed. For a simple or uncontested divorce, it is unusual that the parties will need to update the table of contents often. However, if any matter is contested, the continuing record becomes more complex as the parties submit further documents to each other and the court.

For example, when the Applicant starts the application, he or she must create a Continuing Record and Table of Contents. The Applicant must serve a copy on the Respondent, and file a copy with the court. If the Respondent provides an Answer (either agreeing with the Applicant’s application or contesting any matter), he or she must serve an updated Continuing Record and Table of Contents on the Applicant, and file these with the court. Essentially, the Respondent will list on the Table of Contents the new document(s) they are submitting. Each time a party files further documents, they must update the Table of Contents, giving a copy to the court and to the other party.

The Continuing Record is available here: http://ontariocourtforms.on.ca/static/media/uploads/courtforms/family/continuing_record/09cr/FLR_A_9CR_Continuing_Record_0107.pdf.

The Table of Contents is available here: http://ontariocourtforms.on.ca/static/media/uploads/courtforms/family/continuing_record/09b/FLR_A_9B_Cumulative_TOC_rev0107.pdf.

Next Steps in Divorce Paperwork:

“Issuing” Your Application:

If you are applying for a divorce in person (as opposed to online), you will need to take your Application (Form 8A) to the courthouse so the court registrar can stamp and date the Application. Technically the registrar “seals” it by applying the court’s seal to the Application, but in modern times, the seal is either an embossed stamp or an ink stamp. When the court “issues” the Application by stamping it, the court will assign a court file number to your application for divorce.

“Serving” Your Documents:

Once Form 8A has been stamped by the court and given a court file number, and once you’ve compiled your package of required documents listed above, one package of documents has to be “served” on your spouse. If you are applying jointly with your spouse, you are both applicants, so you don’t need to “serve” the documents on yourselves.

If you are not applying jointly, you should make 3 copies of all documents so there is one package for the court, one package for your spouse, and one package for yourself.

Using a Process Server:

You will usually serve the package of documents on your spouse by hiring a process server to do it for you. The process server is a professional whose job is to serve court documents on parties. He or she physically goes to your spouse’s home, or another location where they can find your spouse, and hands the package of documents to your spouse. The process server then swears an “Affidavit of Service” (Form 6B) confirming they served your spouse (how, when, and with what documents). This affidavit proves to the court your spouse received fair notice of the divorce application, and was given the opportunity to respond.

What if My Spouse Refuses to Take the Divorce Papers?

If your spouse refuses to receive the documents from the process server, there are still ways to serve the documents on him or her. The Rules of Court (Family Court) provide ways to still serve your spouse if they refuse service, which is discussed in another article.

Refusing service is not uncommon. Some spouses do it just to run up your costs and to annoy you, even if they don’t actually contest the divorce or related family law matters. Typically, though, most spouses who refuses service will also contest the divorce or related family law matters (i.e. perhaps they don’t want to pay support, or divide the property, or they want to fight for custody of the children).

“Filing” Your Documents:

Once the process server has served the documents on your spouse, you should bring your package of documents to the court (along with the Affidavit of Service from the process server) and “file” the documents. This means, you give a “file” copy to the court.

What if I Start the Divorce Application and My Spouse Contests it?

If it turns out you and your spouse aren’t in agreement on divorcing or on all related family I law matters, you will not be getting simple or uncontested divorce. Rather than a simple process, your divorce will become more complicated and expensive.

To contest the divorce or any related family law matters, your spouse has 30 days from receiving the divorce Application to “Answer” with their own paperwork. For example, if your spouse does not agree on the amount of child support or spousal support, or the custody or access arrangements, they can tell the court this in their “Answer” (which they have to serve on you too).

You then have an opportunity to reply to them within 30 days, replying to anything in their Answer that you disagree with.

For a Simple or Uncontested Divorce How Long Does the Court Take?

It will usually take the court 3-6 months to review your simple or uncontested divorce application, though it can be a shorter time and can also be a much longer time. The time period will depend on how busy the court is and how many divorce applications or other matters were received ahead of yours.

For a simple divorce (that’s a divorce only, where no other family law matters are being addressed), the judge will sign the order after reviewing your Application. The judge will proceed whether or not your spouse agrees to the divorce, provided you have filed the affidavit of service with the court. The judge only needs to sees that your spouse has notice of the divorce proceedings (by being served with the Application). It’s OK if only one spouse wants the divorce – he or she is allowed to get the divorce. Both spouses don’t have to agree to it.

For a joint application, or an application in which your spouse has filed an “Answer” indicating they are in agreement with everything in the Application, or for an application where you’ve submitted a signed Separation Agreement that doesn’t raise any concerns for the judge, the judge will sign the order. In those cases, the Divorce Order (Form 25A) will include orders for a divorce and for all other orders regarding matters you and your spouse have agreed upon in your application or in the separation agreement (custody, access, support, division of property).

How Long Will the Court Take if One Spouse Refuses to Participate?

For an application for a divorce where there are significant family law matters to be addressed, and where one spouse fails or refuses to participate in the process, the Applicant can still obtain an order for divorce and an order for the relief they are seeking (support, custody, division of property), if the Applicant can give sufficient evidence to the court to enable the judge to make an order on these matters. For example, if the Applicant is seeking divorce and child support, they will have to submit some form of proof of their spouse’s (the Respondent’s) income, such as their spouse’s most recent tax returns or T4 slips. Not everyone has access to their spouse’s financial information, but if the Applicant has sufficient information on their spouse’s finances, they can often obtain orders for support and property division in their spouse’s absence.

In cases where one spouse (the Respondent) fails or refuses to participate in the divorce process, and the Applicant doesn’t have the Respondent’s financial information, unfortunately, more legal steps will be necessary, such as getting court orders requiring production of financial documents, and possibly getting contempt orders to punish the Respondent if they continue to refuse to give financial information.

What Happens After the Judge Signs the Divorce Order: How do I Get My Copy of the Divorce Order?

After the judge signs the Divorce Order (Form 25A), court staff make an entry in their record keeping system (they “enter” the order in their record keeping system). They then mail the Divorce Order to you and your spouse (or your lawyers, if you have lawyers). Your divorce takes effect 31 days after the judge signs the order.

What is a Divorce Certificate and How Do I Get a Copy?

After you have received back the court order and 31 days after the date the judge signed the order, you can apply to the court for a divorce certificate. To do this, you complete Form 36B and submit it to the court, after paying a fee.

A copy of Form 36B is available here: http://ontariocourtforms.on.ca/static/media/uploads/courtforms/family/36b/flr-36b-e.pdf.

The certificate is really just a paper that says you got divorced. You will need the divorce certificate if you intend to get married again in the future.