Guide to Uncontested Divorce in Ontario

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

TL;DR

• An uncontested divorce in Ontario is one where both spouses agree the marriage is over and no one is asking the court to referee a fight — that lets most files qualify for a Desk Divorce, where a judge signs off on paper instead of holding a hearing.
• The core Ontario Desk Divorce forms are the Application for Divorce (Form 8A), the Affidavit for Divorce (Form 36), and a typed draft Divorce Order (Form 25A) — plus Form 35.1 if you’re asking for parenting orders.
• Mandatory court fees for an uncontested divorce in Ontario total about $669, and the divorce becomes final 31 days after the judge signs the order.
• This is general legal information, not legal advice — see the full disclaimer below.

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.

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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 (only the Superior Court of Justice, or the Family Court branch of it, can grant a divorce). Even when everything is uncontested, the judge still must be satisfied the legal requirements are met and the paperwork is complete.

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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). People searching for Affidavit for Divorce Form 36 instructions are often stuck at the exact point where the case becomes a Desk Divorce file — this is one of the Ontario Desk Divorce forms that most often trips up DIY filers.

Process flow (plain English) — and it differs depending on how you file:

• Joint application: you and your spouse file the Application (Form 8A), the Affidavit for Divorce (Form 36, one per spouse), and the draft Divorce Order (Form 25A) all at once. There’s no one to serve, so there’s no separate waiting period — the file goes straight to a judge for Desk Divorce review once it’s complete.
• Sole application: you file the Application (Form 8A) first, serve your spouse, and wait out their response period. Only after that do you file the Affidavit for Divorce (Form 36) and draft Divorce Order (Form 25A) — this second filing is what’s commonly called “setting the matter down” — before the file goes to a judge for Desk Divorce review.

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

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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. The Divorce Act lets you prove breakdown three ways: living separate and apart for at least one year, adultery, or cruelty. Almost all uncontested Desk Divorce cases rely on one year separation, because adultery and cruelty require you to prove specific misconduct and usually invite a dispute — the opposite of what you want in a simple divorce.

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.

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4. Ontario Desk Divorce forms and hard stops (Form 8A, Form 36, Form 35.1, Form 25A, Registration of Divorce Proceedings, Continuing Record)

Ontario DIY divorce paperwork is full of form numbers. Knowing the Ontario Desk Divorce forms by name — and what each one actually does — is what prevents the most common registry rejections:

• Application (Divorce) – Form 8A (commonly searched as “Application for Divorce Form 8A”): the main starting document for a simple divorce (it can be a Sole Application or Joint Application). Joint applications must be signed and dated by both spouses.
• Original Marriage Certificate or Marriage Registration Certificate: the court will not grant your divorce without this (or a certified translation, if you married outside Canada) unless your Form 36 affidavit explains why you can’t provide it. Don’t lose the original — you’ll need it for the court file.
• Affidavit for Divorce (Form 36): your sworn evidence supporting a Desk Divorce. Sworn or affirmed in front of a commissioner for taking affidavits (free at any family court office). For joint applications, each spouse completes and signs their own Form 36.
• Affidavit (Decision-Making Responsibility, Parenting Time, Contact) – Form 35.1: a common hard stop when you are asking the court for parenting related orders. This form replaced the older “custody or access” language after Ontario updated its terminology to match the federal Divorce Act. Do not assume your main affidavit replaces this form.
• Divorce Order (Form 25A): the final order the judge signs. In uncontested files, you must prepare a typed (never handwritten) draft order for the judge to sign.
• Registration of Divorce Proceedings: a federal form the court sends electronically to the Department of Justice’s Central Registry of Divorce Proceedings in Ottawa, to confirm no duplicate divorce case has been started elsewhere in Canada. The court cannot grant your divorce until it receives this Clearance Certificate, which can take four to six weeks — so it’s worth filing early rather than at the last stage.
• The Continuing Record: Ontario family courts use a formal Continuing Record with a Table of Contents. The applicant is responsible for starting it and keeping it updated as documents are filed. For online filing, the record may be managed electronically, but you still must upload the correct documents in the correct order and format.

Forms checklist: Form 8A, original Marriage Certificate, Form 36, Form 25A, Registration of Divorce Proceedings, Continuing Record Table of Contents, and (if children are involved and you’re asking for parenting orders) Form 35.1, plus proof of service (Form 6B) for sole applications.

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

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

An uncontested divorce in Ontario generally follows this structure, built around the same core Ontario Desk Divorce forms — the Application for Divorce Form 8A, the Affidavit for Divorce, and the Divorce Order Form 25A. This is a high level overview, not a substitute for official instructions.

Step 1 – Choose Joint or Sole (this choice changes the whole process)

• Joint Application (Form 8A): you file together. This is often the smoothest DIY path — there’s no respondent to serve, and you file the Application, Affidavit for Divorce, and draft Divorce Order together in one filing.
• Sole Application (Form 8A): one spouse files, then must formally serve the other spouse and file proof of service before moving to the next stage.

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

You file the divorce Application with the Superior Court of Justice in the municipality where you or your spouse has lived for at least a year. The court clerk reviews your documents, issues the Application (assigns a court file number, signs, dates, and seals it), and you pay the first required fee (see the fee breakdown below).

Ontario paper handling reality: courts expect your documents to be organized in a Continuing Record with a Table of Contents that you keep updated as you file more documents. 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 multiple copies of your documents (courts typically ask for three or four copies of Form 8A and Form 25A), because you’ll also need copies for service and for your own records.

Step 3 – Serve your spouse (sole cases only)

If you filed a sole Application, someone else (not you — a friend, family member over 18, or process server) must formally serve your spouse with the issued Application and Continuing Record. Your spouse then has 30 days to respond if served in Canada or the U.S., or 60 days if served elsewhere. If service is done incorrectly, it can delay your file significantly. If your spouse files an Answer (Form 10) opposing the divorce or raising other claims, your file is no longer uncontested and different rules apply.

Step 4 – “Setting Down” and the draft order trap

This is where many Ontario DIY filers stall out. Once your spouse’s response period passes without an Answer (sole applications), you file the Affidavit for Divorce (Form 36), proof of service (Form 6B), and a draft Divorce Order (Form 25A), and pay the fee to place your file on the list for judicial review. Court staff commonly call this “setting the matter down” — for joint applications, there’s no separate step, because Form 36 and the draft Form 25A are already filed with the original Application.

The draft order trap: in an uncontested Desk Divorce, the court does not draft your divorce order for you. You 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: most courthouses want three to four copies for signing and return.
• Include return envelopes: most registries require two stamped, self addressed business-sized envelopes (one for each spouse) so the signed order can be mailed back. Requirements vary by courthouse.

At this stage, your core evidence document is 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) without you attending court. If information is missing, the court will direct you to fix or add to your file before a judge will grant the divorce.

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).

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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 responsibility 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 simply mention children in your main affidavit. If you are asking the court for parenting time or decision-making responsibility orders, you need to file Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact), sworn in front of a commissioner for taking affidavits. Missing it is a common reason files are rejected or delayed.

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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. The federal Clearance Certificate step alone can take four to six weeks.
• 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 service (sole applications), the Setting Down filing, and court review all depend on processing times.

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8. What does an uncontested divorce cost in Ontario?

Court fees for an uncontested divorce in Ontario are set by regulation under the Administration of Justice Act (Ontario Regulation 293/92 for the Superior Court of Justice, and Ontario Regulation 417/95 for the Family Court branch), and Ontario commonly splits divorce court fees into two payments:

• $224 to issue (file) the divorce Application — this is $214 for the application itself plus a $10 Registration of Divorce Proceedings fee, and
• $445 to place your file on the list for a judge’s review (the “Setting Down” fee, paid when you file the Affidavit for Divorce and draft order).

Together, that’s $669 in mandatory court fees for the divorce process. If you later need an official Certificate of Divorce, the fee is currently $25.

Important: Fees can change. Always verify the current amounts on ontariocourtforms.on.ca or with your courthouse before you file. If you have low income (for example, you receive Ontario Works or ODSP, or your household income is below the Low Income Cut-Off), Ontario has a court fee waiver process that may waive most or all of these fees if you qualify.

Other possible costs

• Service costs (sole cases): process server, courier, or other allowed service method.
• Commissioner fees for swearing affidavits (including Form 36) — commissioners are available for free at family court offices.
• Document costs: replacing a lost marriage certificate, copying, printing, postage.
• Optional legal advice (often worth it for reviewing a separation agreement or spotting risks).

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

A DIY uncontested divorce in Ontario 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.

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

If your case is a true uncontested divorce in Ontario, 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.

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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 (Affidavit — Decision-Making Responsibility, Parenting Time, Contact) 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.

Do joint and sole applications go through the same steps?

No. Joint applicants file the Application, Affidavit for Divorce, and draft Divorce Order together in one package, with no service required. Sole applicants file the Application first, must serve the other spouse, wait out a 30 or 60 day response period, and only then file the Affidavit for Divorce and draft order to “set the matter down.”

Why do sole applicants have to “set the matter down” if nobody is fighting?

Because the court does not automatically move your file onto a judge’s desk once the response period passes. Filing the Affidavit for Divorce and draft order (and paying the $445 fee) is the step that puts your file up for judicial review.

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 ($25 fee) if you need official proof.

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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: the Application for Divorce, Form 8A, the Affidavit for Divorce, Form 36, and the Divorce Order, Form 25A.
• Know whether you’re joint or sole — it changes when and how you file Form 36 and the draft order.
• 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 service, the response period, and the draft order requirement. This 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.