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Guide to Uncontested Divorce in Ontario

December 23, 2025

Uncontested / Simple Divorce in Ontario: A Plain English Guide to Desk Divorce, Form 8A, Form 36, Form 35.1, and Form 25A

If you and your spouse agree the marriage is over and you want to avoid a long, expensive court fight, an uncontested divorce in Ontario (often called a “simple divorce”) is usually the most straightforward way to legally end the marriage.

Ontario has one of the biggest DIY pain points in Canada: paper handling. Even when your divorce is uncontested, Ontario courts can reject or delay files that are missing mandatory forms, missing required attachments, or not assembled the way the court expects (especially if children are involved).

The good news is that many uncontested cases can be completed as a Desk Divorce, meaning a judge reviews your paperwork in chambers (on paper), without you attending a hearing, as long as everything is complete and reasonable.

Important disclaimer: PlainDivorce is not a law firm and does not provide legal advice. This article is general legal information only. Court rules, forms, and fees can change. Always confirm details with official Ontario court resources or an Ontario family lawyer or legal clinic before you act on this information.

Table of Contents

uncontested divorce in Ontario

1. What is an uncontested or simple divorce in Ontario?

In everyday language, an uncontested divorce in Ontario is a divorce where the court does not have to decide a fight between spouses. Typically:

  • both spouses agree the marriage is over, and
  • no one is asking the court to resolve major disputes about parenting, child support, spousal support, or property in the divorce case, and
  • either you file together (joint), or one spouse files and the other does not oppose.

In Ontario, divorce is handled by the Superior Court of Justice (family court). Even when everything is uncontested, the judge still must be satisfied the legal requirements are met and the paperwork is complete.

2. What “Desk Divorce” means in Ontario (and why it matters)

Desk Divorce is a common Ontario term for an uncontested divorce where a judge signs the divorce documents in chambers (on the file) without you attending a hearing. This is a big deal for DIY filers because your results depend heavily on the quality and completeness of your paperwork.

In Ontario, the key sworn evidence document is usually the Affidavit for Divorce (Form 36). If people search for “Form 36 instructions,” they’re often stuck at the exact point where the case becomes a Desk Divorce file.

Process flow (plain English): Joint application (file together) or sole application (serve the other spouse) → open the Continuing Record → file required documents and confirmations → set the case down for an uncontested/desk review → judge signs the divorce order (often without a full hearing, depending on your court).

Download Our Ontario Uncontested Divorce (Dissolution) Self-Help Kit

3. Who qualifies for an uncontested divorce in Ontario?

Residency: the one year rule

Under Canada’s Divorce Act, an Ontario court can grant a divorce if you or your spouse has been ordinarily resident in Ontario for at least one year immediately before you start the divorce case.

Grounds for divorce

Canada has one legal ground for divorce: breakdown of the marriage. Most uncontested divorces use one year separation because it’s the simplest fit for a Desk Divorce process.

When your case is a good fit for uncontested or simple divorce

  • You meet the one year Ontario residency rule.
  • You can rely on one year separation (or will have reached it by the time the judge signs).
  • You and your spouse agree the marriage is over.
  • Parenting, support, and property issues are already settled (often by a separation agreement), or you are not asking the divorce court to decide them.

If there is active conflict about children, support, or property, or safety concerns, it may not be a true uncontested case and you should strongly consider legal advice.

4. Ontario insider forms and hard stops (Form 8A, Form 36, Form 35.1, Form 25A, Blue Form, Continuing Record)

Ontario DIY divorce paperwork is full of form numbers. These are high trust authority signals that also prevent the most common registry rejections:

  • Application (Divorce) – Form 8A: the main starting document for a simple divorce (it can be a Sole Application or Joint Application).
  • Affidavit for Divorce (Form 36): your sworn evidence supporting a Desk Divorce.
  • Affidavit in Support of Claim for Custody or Access (Form 35.1): a common hard stop when you are asking the court for parenting related orders. Do not assume your main affidavit replaces this form.
  • Divorce Order (Form 25A): the final order the judge signs. In uncontested files, you typically must prepare a typed draft order for the judge to sign.
  • Registration of Divorce Proceedings: often called the “Blue Form.” It is used so the court can notify the federal divorce registry in Ottawa.
  • The Continuing Record: Ontario family courts use a formal Continuing Record with a Table of Contents. For paper filing, you must assemble and update it. For online systems, the record may be managed electronically, but you still must upload the correct documents in the correct order and format.

Forms checklist: Form 8A, Form 36, Form 25A, Registration of Divorce Proceedings (Blue Form), Continuing Record Table of Contents, and (if needed) Form 35.1 and proof of service.

Note: Your exact required forms can vary depending on whether you are filing jointly, whether you have children, and whether you are asking for anything beyond “divorce only.” Always use the current Ontario court forms and instructions.

5. Step by step overview: Joint vs. Sole, service, Continuing Record, and “Setting Down”

Ontario uncontested divorce generally follows this structure. This is a high level overview, not a substitute for official instructions.

Step 1 – Choose Joint or Sole (this choice affects service)

  • Joint Application (Form 8A): you file together. This is often the smoothest DIY path because it typically avoids the service step.
  • Sole Application (Form 8A): one spouse files. This route usually requires service of process and proof of service.

Step 2 – File your Application (Form 8A) and set up your Continuing Record

You file the divorce Application with the Superior Court of Justice. The court issues the Application and you pay the first required fee (see the fee breakdown below).

Ontario paper handling reality: for paper filing, courts expect your documents to be organized in a Continuing Record with a Table of Contents that you keep updated. Some online filing systems manage the record electronically, but you still must upload the correct documents in the correct order and format.

Practical tip: bring or prepare multiple copies of your documents, because courts often require extra stamped copies for your records and service.

Step 3 – Serve your spouse (sole cases only)

If you filed a sole Application, you generally must serve your spouse properly and file proof of service. If service is done incorrectly, it can delay your file significantly.

Step 4 – Setting Down and the draft order trap

This is where many Ontario DIY filers stall out. Even when nobody is fighting, you still have to move the file onto a judge’s desk. In Ontario, that procedural step is commonly referred to as Setting Down for Trial (even for uncontested files).

The draft order trap: In an uncontested Desk Divorce, the court does not draft your divorce order for you. You typically must prepare a Divorce Order (Form 25A) in a judge ready format and submit it as part of the package so the judge can sign it.

  • Make sure the order is typed and clear: registries commonly reject handwriting or unclear drafts.
  • Bring the right number of copies: some courthouses want multiple copies for signing and return.
  • Ask about return logistics: some registries request stamped, self addressed envelopes so the signed order can be mailed back. Requirements vary by courthouse.

At this stage, your core evidence document is usually the Affidavit for Divorce (Form 36). This is what converts your file into a Desk Divorce package that can be reviewed and signed without a hearing.

Step 5 – Judge reviews the file (Desk Divorce) and signs the Divorce Order (Form 25A)

If everything is complete and reasonable (especially for children and child support), the judge can sign a Divorce Order (Form 25A).

Step 6 – The 31 day waiting period + Certificate of Divorce (if you need it)

In most cases, the divorce becomes effective 31 days after the Divorce Order date (assuming no appeal). After it’s effective, you can request a Certificate of Divorce if you need official proof (for example, to remarry).

6. Special issues when you have children (Form 35.1 hard stop)

When children are involved, the court must be satisfied that reasonable child support arrangements are in place. Even in a Desk Divorce, the judge can delay signing if support information is unclear or appears unreasonable.

  • Parenting: where the children live, parenting time, and decision making structure should be clear.
  • Child support: amounts usually need to align with the Child Support Guidelines (or be clearly explained if different).
  • The Form 35.1 hard stop: in Ontario, you cannot always simply mention children in your main affidavit. If you are asking the court for parenting related orders, you may need to file Form 35.1, which asks detailed questions and disclosures. Missing it is a common reason files are rejected or delayed.

7. How long does an uncontested divorce take in Ontario?

Most people should plan for three time components:

  • One year separation: most Ontario divorces rely on this ground.
  • Court processing time: varies by courthouse and workload, and delays are common if forms are incomplete or the file assembly is not compliant.
  • 31 day waiting period: after the Divorce Order is granted, the divorce typically becomes effective 31 days later.

Even in straightforward uncontested cases, it’s normal for the file to take several months from filing to final divorce, especially because Setting Down and court review depend on processing times.

8. What does an uncontested divorce cost in Ontario?

Ontario commonly splits divorce court fees into two main payments:

  • $224 to issue (file) the divorce Application, and
  • $445 to set the matter down (often described as Setting Down for Trial even in uncontested cases).

Together, that’s commonly about $669 in mandatory court fees for the divorce process. If you later need an official Certificate of Divorce, there is usually an additional fee.

Important: Fees can change. Always verify the current amounts before you file. If you have low income, Ontario has a court fee waiver process that may reduce or waive certain fees if you qualify.

Other possible costs

  • Service costs (sole cases): process server, courier, or other allowed service method.
  • Commissioner or notary fees for swearing affidavits (including Form 36).
  • Document costs: marriage certificate, copying, printing, postage.
  • Optional legal advice (often worth it for reviewing a separation agreement or spotting risks).

9. When a DIY divorce might not be right for you

A DIY divorce can save money on legal fees, but it’s risky if there are safety concerns, a serious power imbalance, hidden assets, complex finances (business interests, major pensions, multiple properties), or major parenting conflict. In those situations, even one appointment with a lawyer or legal clinic can prevent expensive long term damage.

10. Where a self help divorce kit fits into the process

If your case is truly uncontested, a strong Ontario specific kit helps most with the paperwork stack that leads to Desk Divorce, including the Ontario assembly details that cause rejections:

  • starting correctly with Application (Divorce) (Form 8A) (sole vs joint),
  • building the evidence properly: Affidavit for Divorce (Form 36),
  • not missing child related hard stops like Form 35.1 (when applicable),
  • organizing your file properly in the Continuing Record, and
  • finishing with a judge ready Draft Divorce Order (Form 25A).

Download Our Ontario Uncontested Divorce Self Help Kit

PlainDivorce is not a law firm. A kit is an organization and information tool, not legal advice, and you must still confirm you are using the current Ontario forms, rules, and fees.

11. FAQ

What is an uncontested or simple divorce in Ontario?

It’s a divorce where the Superior Court of Justice does not need to decide a dispute at a hearing or trial. Many uncontested Ontario files are completed as a Desk Divorce, where a judge signs the order in chambers based on the paperwork, especially the Affidavit for Divorce (Form 36).

What is the most important Ontario hard stop form when kids are involved?

Form 35.1 is one of the most commonly missed Ontario requirements when parenting related orders are involved. If it applies and you omit it, your file can be rejected or delayed.

Why do I have to set the matter down if nobody is fighting?

Because the court does not automatically move your file onto a judge’s desk. Setting Down is the procedural step that triggers desk review and is also when the second major fee is typically paid.

When is the divorce actually final?

In most cases, the divorce becomes effective 31 days after the Divorce Order is granted, assuming no appeal. After that, you can request a Certificate of Divorce if you need official proof.

12. Final thoughts and next steps

If you want the smoothest uncontested path in Ontario, focus on the Ontario specific needle movers that prevent court counter rejection:

  • Use the correct court and terms: Superior Court of Justice and Desk Divorce.
  • Use the correct form language: Application (Divorce) (Form 8A), Affidavit for Divorce (Form 36), Divorce Order (Form 25A).
  • If children are involved and parenting orders are requested, treat Form 35.1 as a hard stop.
  • Respect Ontario’s paper handling rules: the Continuing Record with a formal Table of Contents.
  • Do not underestimate Setting Down and the draft order requirement. It is where many DIY files stall out.

Final reminder: this guide is legal information only, not legal advice. If you have safety concerns, complex finances, or unresolved parenting and support issues, speak with an Ontario family lawyer or legal clinic before filing.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.