If you are getting a divorce in Ontario, it will take one of two forms. There is uncontested divorce where there’s no dispute about the divorce itself or about issues like parenting, support, or property. A contested divorce occurs where such disagreement exists.
An application for an uncontested divorce can be filed online, but contested divorces often involve court conferences, disclosure, potential motions, and sometimes a trial. Both routes rely on federal (the Divorce Act) and provincial law (Ontario’s Family Law Rules).
Uncontested Divorces: Sole vs. Joint
Uncontested divorces may be granted in the cases where both parties either have no disagreement, or have already resolved their disagreements (e.g., through a separation agreement). In a joint divorce, both spouses apply for a divorce together, and this is often the smoothest option.
A divorce may also proceed on an uncontested basis where only one spouse initiates the application (commonly referred to as a “simple” or “sole” divorce). In this scenario, the applicant serves the respondent with the required divorce documentation. If the respondent does not file an answer within the prescribed timeframe (typically 30 days), the matter may move forward as an uncontested divorce.
When A Divorce Becomes “Contested”
A divorce becomes contested when an answer to a simple divorce application is filed disputing the divorce itself or any claims. In these cases, there will be a case conference to see if a settlement can be reached, and motions for temporary or interim orders (e.g. to determine support payments or parenting schedules).
If the case cannot be settled, it may proceed to trial.
Severance
In some situations, a court may grant the divorce itself — allowing the parties to legally remarry — while other issues such as property division, support, or patenting matters continue to be litigated. This process is referred to as a “severance”. A court will only grant severance where it is satisfied that doing so will not prejudice either party.
Every case is unique. A family lawyer can assess your circumstances, ensure the appropriate documents are filed on time, and guide you through the process with efficiency and ease. Contact our team at Blackburn for a consultation.
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
