Is Our Ontario-Wide Divorce Service Right for You? (Eligibility & Details)

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1. Where do we offer this service?

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Our uncontested divorce service is available to residents anywhere in Ontario. If you live outside Ontario, we’re unable to assist at this time.

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2. What is an uncontested divorce, and is it for you?

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An uncontested divorce in Ontario is ideal when you and your spouse fully agree on ending your marriage, including dividing assets, spousal support, and child-related decisions (like parenting responsibilities, access, and support). It’s quicker, more affordable, and less stressful than a contested divorce, which involves court disputes.

You can file in two ways:

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• Joint Application: You and your spouse collaborate, signing the divorce paperwork to show agreement. Signatures can be done separately—no need to be together.

• Sole Application: You start by filing, then formally deliver (“serve”) the documents to your spouse. In Ontario, this is sometimes called a “simple divorce,” but joint filings are often smoother. International Limitation: We can’t assist if documents need serving to a spouse outside Canada due to complex international rules (like the Hague Convention). See Question 7 for joint application options.

 

3. Do you need a one-year separation?

 

You do not need a one-year separation to start the process in court. Generally, except in rare circumstances you need to show you have been separated for at least one year before the divorce is granted by a judge. 

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• What’s Separation: It begins when you and your spouse intend to end the marriage and live separately. You can still share a home if you’re no longer acting as a couple. 

• Timing: You can begin preparing and filing documents before the year is complete, but the court won’t finalize until the full year’s up.

• Other Grounds: Adultery or cruelty are options but tough to prove and rare in uncontested divorces. Consult a lawyer if considering these.

 

4. Can you use this with kids involved?

 

Yes, we help Ontario couples with children navigate uncontested divorces. Canada’s Divorce Act sets clear requirements:

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• Parenting Plans: You need to settle parenting responsibilities, like decision-making and access schedules. A written plan isn’t mandatory but is highly recommended for clarity.

• Child Support: Your support arrangements must follow the Federal Child Support Guidelines. Support is a child’s right and typically can’t be waived, even if both parents agree or one is unemployed. Courts may request income proof or estimate income for calculations.

• Court Review: A judge won’t finalize a divorce involving children unless satisfied support arrangements meet the Guidelines. 

 

5. What if you don’t agree on everything?

 

Our service is designed solely for uncontested divorces, so you and your spouse must agree on all key issues—property, support, or parenting. If there’s any disagreement, our service isn’t suitable. You might try mediation to find common ground or hire family lawyers for a contested divorce.

 

6. Do you need a separation agreement?

 

A formal Separation Agreement isn’t required for an Ontario uncontested divorce, but we strongly recommend one, especially with children or significant assets/debts.

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• Why It Helps: This private contract outlines your terms for dividing property, support, and parenting, helping prevent future misunderstandings.

 

7. What if your spouse lives outside Ontario?

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• Elsewhere in Canada: If your spouse resides in another Canadian province, we can usually assist with an Ontario-based uncontested divorce. Filing depends on residency rules (typically where one or both of you lived for the past year). We’ll prepare the appropriate Ontario documents.

• Outside Canada:

  • Joint Application: We can support joint applications even if your spouse is abroad, as both sign collaboratively. Our Ontario e-filing option simplifies this with electronic signatures.

  • Sole Application (Service Abroad): We can’t assist with sole applications requiring document service outside Canada, as international legal processes (like the Hague Convention) are beyond our scope. You’ll need a family lawyer experienced in international divorce matters.