How Long Does an Uncontested Divorce Take?

The answer depends largely on court processing times.

Once the required documents have been prepared, signed, and filed with the court, the application enters the court system for review.

Processing times can vary depending on:

• The court location

• Court workload

• Whether documents are completed correctly

• Whether additional information is requested by the court

Even when both spouses agree, the process is not immediate because all divorce applications must be reviewed and processed by the court.

Do I Have to Go to Court?

In most uncontested divorces, there is no requirement for either spouse to attend court.

Many uncontested divorces are completed entirely through document filing and court review without the parties ever appearing before a judge.

Can the Process Be Done Online?

In many cases, much of the process can be completed remotely.

Documents may often be reviewed, signed, commissioned, and submitted without requiring in-person meetings.

Many Ontario residents complete the process from home.

Do Both Spouses Need to Sign?

Not necessarily. An uncontested divorce is different from a joint divorce.

In an uncontested divorce, one spouse files the application and serves the other spouse with the required documents.

If the responding spouse does not oppose the application, the matter may proceed as uncontested.

What Are the Requirements for Divorce in Ontario?

To obtain a divorce in Ontario, certain requirements must generally be met.

Valid Marriage

The parties must have a legally recognized marriage.

Residency Requirement

At least one spouse must have lived in Ontario for at least one year before the application is started.

Breakdown of the Marriage

Most divorces are based on one year of separation.

What Can Delay an Uncontested Divorce?

Incorrect Documents

Errors in court forms can result in processing delays.

Missing Information

Applications must be complete and supported by the required documents.

Service Issues

Where documents must be served, proper service requirements must be followed.

Court Processing Times

Court workload and administrative processing times can affect how quickly a divorce moves forward.

Frequently Asked Questions

Can I Get Divorced If My Spouse Lives Outside Canada?

Yes. Many uncontested divorces proceed even when one spouse resides outside Canada.

Can I Apply Without a Lawyer?

Individuals may represent themselves in divorce proceedings.

However, many people choose professional assistance to help ensure documents are properly prepared and filed.

Do We Need a Separation Agreement?

Not always.

Whether a separation agreement is appropriate depends on the circumstances.

Can I Remarry Immediately?

A divorce does not become effective immediately upon being granted. Additional steps and timelines apply before a divorce becomes final.