What Is the Easiest Way to Get a Divorce in Ontario?
The easiest way to get a divorce in Ontario is through an uncontested joint divorce, where both spouses agree on all issues. After completing the one-year separation requirement, you can file together and avoid court hearings. This approach minimizes delays, reduces costs, and leads to faster approval by the court.
Key Takeaways
- The easiest option is a joint uncontested divorce
- You must complete a one-year separation period
- No court hearings are required in most simple cases
- Proper paperwork helps avoid delays and rejections
- A Toronto divorce lawyer can streamline the process
- Mistakes in forms or service can significantly slow timelines
What Does “Easiest Divorce” Mean in Ontario?
In legal terms, the “easiest divorce” refers to a process that is low-conflict, straightforward, and efficient. It typically involves minimal court involvement and no disputes between spouses.
There are three common types of divorce in Ontario:
- Simple divorce: Only the divorce itself is requested (no property or support issues)
- Uncontested divorce: One spouse files, and the other does not oppose
- Joint divorce: Both spouses file together and agree on everything
The easiest path combines all three elements agreement, simplicity, and proper filing.
Is a Joint Divorce the Simplest Option?
Yes. A joint divorce application is often the simplest option because both spouses file together. There is no need to serve documents, and the court process is more streamlined.
What Is an Uncontested Divorce in Ontario?
An uncontested divorce occurs when one spouse files and the other does not dispute the application. While still relatively simple, it involves additional steps like serving documents and waiting for a response.
What Is the Fastest Way to Get a Divorce in Ontario?
The fastest way to get a divorce is through a joint uncontested divorce. This method works best when both spouses:
- Agree on all issues
- Have no disputes over children or finances
- Submit complete and accurate documentation
Because there are no contested issues, the court can process the application more quickly.
Can You Get Divorced Faster Than One Year?
In most cases, no. Under the Divorce Act Canada, you must be separated for at least one year before applying.
There are limited exceptions:
- Adultery
- Cruelty
However, these grounds require proof and often complicate the process, making them less practical for those seeking an easy divorce.
Step-by-Step Divorce Process in Ontario (Simple & Easy Path)
Step 1: Meet the Separation Requirement
You must live separate and apart for at least 12 months. Even if you live in the same home, you can still be considered separated if you lead independent lives.
Step 2: Prepare Your Divorce Application
Choose the right application type:
- Joint application (preferred for simplicity)
- Sole application (if only one spouse files)
Ensure all forms are complete and accurate.
Step 3: File with the Court
Submit your application to the Ontario Superior Court of Justice.
You will need to pay the required court filing fees.
Step 4: Serve Documents (If Sole Application)
If you file alone, you must legally serve your spouse and provide proof of service.
Step 5: Wait for Response or Proceed
If your spouse does not respond within the required time, the divorce becomes uncontested.
Step 6: Apply for a Divorce Order
Once all documents are in order, the court reviews your file. In most simple cases, no hearing is required.
Step 7: Receive Your Divorce Certificate
After the court grants the divorce, it becomes final 31 days later. You can then request an official divorce certificate.
How Long Does Divorce Take in Ontario? (Timeline Breakdown)
Quick Timeline Summary
- Separation period: 12 months (mandatory)
- Court processing: 2–4 months
- Finalization: 31 days after divorce order
Detailed Timeline (Months)
- Months 0–12: Separation period
- Month 12–13: File application
- Month 13–15: Court review and processing
- Month 16: Divorce finalized
How Long Does an Uncontested Divorce Take in Ontario?
An uncontested divorce typically takes 3 to 5 months after filing, depending on court workload and accuracy of documents.
What Is the Divorce Waiting Period in Ontario?
The waiting period includes:
- One-year separation requirement
- Court processing time
- 31-day finalization period
What Factors Affect How Easy or Fast a Divorce Is?
Do You and Your Spouse Agree on Everything?
Agreement is the biggest factor. You must agree on:
- Property division
- Child custody and parenting arrangements
- Child support and spousal support
Disagreements lead to delays and court involvement.
Are There Children or Complex Assets?
Divorces involving children or significant assets require additional review. Courts ensure that children’s best interests are protected, which can slow the process.
Are Your Court Forms Completed Correctly?
Errors in forms are one of the most common causes of delay. Even small mistakes can result in rejected applications or requests for correction.
What Can Delay a Divorce in Ontario?
Several issues can slow down the process:
- Incorrect or incomplete forms
- Improper service of documents
- Disputes over custody, support, or property
- Court backlogs in Toronto
- Missing or inaccurate information
Can Mistakes in Filing Delay Your Divorce?
Yes. Common mistakes include:
- Using the wrong forms
- Missing signatures
- Filing in the wrong court
These errors can add weeks or even months to your timeline.
Do You Need a Divorce Lawyer for an Easy Divorce in Toronto?
You are not legally required to hire a lawyer, but it is highly recommended. A Toronto divorce lawyer can:
- Ensure your paperwork is accurate
- Prevent delays and rejections
- Provide guidance on legal rights and obligations
Can You File for Divorce Without a Lawyer in Ontario?
Yes, you can file a DIY divorce. However, risks include:
- Delays due to errors
- Misunderstanding legal requirements
- Increased stress and uncertainty
Joint vs Sole Divorce: Which Is Easier?
Joint Divorce
- Fastest and simplest
- No need to serve documents
- Requires full agreement
Sole Uncontested Divorce
- Slightly longer process
- Requires service of documents
- Still relatively straightforward if uncontested
Is a Joint Divorce Always Better?
A joint divorce is ideal when both spouses cooperate. However, it is not possible if there is conflict or lack of communication.
What Should You Do Next to Start the Easiest Divorce Process?
To begin:
- Confirm you have completed the one-year separation
- Decide between a joint or sole application
- Gather required documents:
- Marriage certificate
- Financial information (if applicable)
- Ensure all forms are accurate and complete
- Consider consulting a Toronto family lawyer
Taking these steps early can help you avoid delays and complete your divorce faster.
Frequently Asked Questions
What is the quickest way to get a divorce in Ontario?
The quickest way is a joint uncontested divorce, where both spouses agree on all terms. After the one-year separation period, the process typically takes 3 to 5 months. No court appearances are required, which significantly speeds up the process.
How long does a simple divorce take in Ontario?
A simple divorce usually takes 3 to 5 months after filing, provided there are no disputes or errors. However, you must first complete the one-year separation period. Delays can occur if paperwork is incomplete or the court requests corrections.
Can you get divorced without going to court in Ontario?
Yes, most uncontested divorces do not require a court appearance. If all documents are properly filed and there are no disputes, a judge can review and approve the divorce without a hearing, making the process faster and less stressful.
Do both spouses have to agree to get divorced in Ontario?
No, one spouse can file for a sole divorce. However, agreement makes the process easier and faster. If the other spouse does not contest the application, the divorce proceeds as uncontested and avoids unnecessary delays.
What is the one-year separation rule in Ontario?
The law requires spouses to live separate and apart for at least one year before applying for divorce. This is the most common ground for divorce and applies even if both spouses agree to end the marriage.
👉 Call (647) 254-0909 to speak with a Toronto divorce lawyer.
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).
