Key Takeaways
- A simple divorce is only appropriate when there are no unresolved legal disputes between spouses.
- Filing errors frequently occur due to incorrect forms, incomplete documents, or missing affidavits.
- The one-year separation requirement must usually be satisfied before a divorce application can proceed.
- Improper service of divorce documents can cause significant delays in the court process.
- Working with a Simple Divorce lawyer can help ensure that filings meet Ontario court requirements and avoid costly mistakes.
Mistake #1 – Filing before Meeting the One-Year Separation Requirement
One of the most frequent mistakes involves misunderstanding the one-year separation requirement under Canadian divorce law.
Most divorces in Canada are granted on the basis of marriage breakdown due to separation. In these cases, spouses must live separate and apart for at least one year before the court can grant a divorce order.
Separation does not always require living in different homes. In some situations, spouses may remain in the same residence while maintaining separate lives. However, the court will look for evidence that the relationship has genuinely ended.
There are limited exceptions to the one-year rule. A divorce may be granted earlier if there is proof of adultery or cruelty, but these claims require additional evidence and legal documentation.
When applicants file before meeting the separation requirement, the court will usually reject the application. This forces the applicant to wait and restart the process later, causing avoidable delays.
Mistake #2 – Using the Wrong Court Forms
Ontario family courts require specific forms when filing for divorce. Even small errors in documentation can delay processing.
Commonly required forms in a simple divorce application include:
These forms must be completed carefully and filed according to Ontario Family Law Rules. Mistakes often occur when applicants download outdated forms or fail to complete required sections.
Common issues include:
- Missing information about the marriage certificate
- Incorrect separation dates
- Missing signatures
- Incomplete answers to required questions
If court staff identify errors, the application may be returned for correction. Each correction requires additional processing time, which extends the overall divorce timeline.
Mistake #3 – Failing to Properly Serve Divorce Documents
Another critical procedural step involves the service of divorce documents.
In most cases, the spouse filing the divorce must formally deliver the application to the other spouse. This step is known as service, and it must follow specific legal requirements.
The documents cannot be served by the applicant personally. Instead, they must be delivered by another adult or through an approved method such as special service.
After the documents are delivered, the person who completed the service must sign an Affidavit of Service confirming when and how the documents were delivered.
Errors frequently occur when individuals:
- Serve the documents themselves
- Fail to complete the Affidavit of Service
- Provide incomplete information about the delivery method
If service is not completed properly, the court may refuse to proceed with the application.
Mistake #4 – Submitting Incomplete or Incorrect Affidavits
Affidavits play a key role in the Ontario divorce process. An affidavit is a sworn statement confirming that the information provided to the court is accurate.
The Affidavit for Divorce provides important details such as:
- The date of marriage
- The date of separation
- Confirmation that reconciliation is unlikely
- Evidence supporting the request for a divorce order
Affidavits must be sworn or affirmed before a commissioner for taking affidavits, a lawyer, or a notary public.
Common mistakes include:
- Incorrect separation dates
- Missing exhibits such as the marriage certificate
- Improper commissioning of the affidavit
- Unsigned or incomplete forms
Because affidavits are sworn legal documents, errors can prevent the court from granting the divorce.
Mistake #5 – Ignoring Court Filing Requirements and Fees
Filing a divorce application also involves meeting specific administrative requirements.
Applicants must file their documents in the correct Ontario family court location, usually based on where either spouse resides. Courts also require payment of certain divorce filing fees.
The process generally includes:
- Paying the initial divorce application filing fee
- Filing required forms with the court
- Submitting proof of service
- Filing the Affidavit for Divorce
Applications may be rejected if:
- Filing fees are missing or incorrect
- Required documents are not included
- Forms are incomplete
- Documents are submitted to the wrong court
These procedural errors can significantly slow down the divorce process.
Mistake #6 – Misunderstanding the Divorce Timeline
Many people assume a simple divorce will be finalized quickly. While the process can be relatively efficient, it still involves several steps.
A typical Ontario divorce timeline includes:
- Filing the divorce application
- Serving the application on the other spouse
- Waiting for the response period to expire
- Filing the Affidavit for Divorce
- Court review by a judge
- Issuance of the divorce order
After the divorce order is granted, the divorce does not become final immediately. Under Canadian law, the divorce becomes legally final 31 days after the divorce order is issued.
Processing times vary depending on court workload and whether documents are completed correctly. Even small procedural errors can extend the timeline by several weeks or months.
Mistake #7 – Attempting the Process without Legal Guidance
Although individuals are legally allowed to file a simple divorce without a lawyer, many applicants underestimate the complexity of family court procedures.
Court clerks can assist with administrative questions, but they cannot provide legal advice. As a result, individuals may misunderstand filing requirements or submit incomplete documentation.
Common risks associated with self-represented divorce applications include:
- Incorrect legal forms
- Missed deadlines
- Errors in service of documents
- Misinterpretation of family law requirements
A Simple Divorce lawyer can review documents before they are filed, ensure compliance with Ontario court rules, and reduce the likelihood of delays.
How a Simple Divorce Lawyer Helps Prevent Filing Errors
Even in straightforward cases, legal guidance can help avoid common procedural mistakes.
A family lawyer can assist with several key aspects of the divorce process, including:
- Preparing and reviewing divorce application forms
- Confirming that the separation requirement has been met
- Ensuring proper service of documents
- Preparing sworn affidavits
- Submitting documents that meet Ontario court standards
Legal review also helps ensure that no unresolved legal issues are overlooked before the divorce is finalized.
By addressing potential errors early, a lawyer can help applicants complete the process more efficiently and avoid unnecessary delays.
Frequently Asked Questions
How long does a simple divorce take in Ontario?
A simple divorce in Ontario typically takes several months to complete. The timeline depends on court processing times, the accuracy of filed documents, and whether all procedural steps are completed properly.
Can a simple divorce be filed without a lawyer?
Yes. Individuals can file a divorce application without legal representation. However, mistakes in documentation or service requirements may delay the process. Many people seek guidance from a family lawyer to avoid procedural errors.
What happens if my divorce application is rejected?
If the court identifies errors in the application, it may return the documents for correction. Applicants must then fix the issues and resubmit the forms before the court can proceed with the divorce order.
Do both spouses have to agree for a simple divorce?
No. A simple divorce can be filed by one spouse even if the other spouse does not actively participate. However, the documents must still be properly served and the legal requirements of the Divorce Act must be satisfied.
When is a divorce considered final in Ontario?
A divorce becomes legally final 31 days after the divorce order is issued by the court. After that period, individuals can request a certificate of divorce if needed.
Numan Bajwa is the Founding Partner at Bluetown Law – Family Lawyers. He earned his Juris Doctor from the University of Detroit Mercy School of Law (2011–2014) and holds an Honours degree in Criminology from the University of Windsor (2003–2008).
