Uncontested Divorce

Introduction

Are you considering an uncontested divorce in Ontario? An uncontested divorce is a streamlined and cost-effective way to dissolve your marriage when both spouses agree on all key issues. Let’s take you through the process.

The Uncontested Divorce Process in Ontario

Before proceeding, make sure you meet the eligibility requirements for an uncontested divorce in Ontario. You must have been separated from your spouse for at least one year, and you or your spouse should have lived primarily in Ontario for at least a year prior to starting the Application. Also, there should be no issues in dispute, such as child custody, support, or property division. If such issues are still in dispute, you should hire one of our separation lawyers to assist in negotiating and drafting a separation agreement first.

An Application for Divorce must be prepared and filed with the Court and the Court filing fee must be paid. The Application then needs to be served on your spouse by someone other than you, and your spouse will have 30 days to respond. You will need to file the Application and an affidavit of service with the Court.

If your spouse does not respond or does not contest the divorce, you can proceed by requesting a divorce order from the Court after filing an affidavit in support of the divorce with other required documents at the Court, like a draft divorce order, and paying their additional filing fee. Once approved, the Court will issue your divorce order, and thereafter you can obtain a divorce certificate for an additional court fee, which document makes finalizes your divorce officially.

Fees for Uncontested Divorce in Ontario

Uncontested divorces in Ontario are generally more cost-effective than contested divorces. The key fees to consider include:

• $224 initial court filing fee
• $50 process server fee (costs can vary)
• $445 Court Fee to set matter down for divorce
• $25 Court fee for Certificate of Divorce
• $995 Average Lawyer’s Fees

Remember that the fees mentioned here are subject to change, so always check the latest information on the official Ontario government website or consult with one of our Divorce lawyers of Divorce clerks for the most up-to-date advice.

Conclusion

An uncontested divorce in Ontario is a straightforward and cost-effective way to dissolve your marriage when both spouses are in agreement. We are here to help you towards a smoother and more affordable divorce journey.