What Are the Steps for Getting a Simple Divorce in Ontario?
Divorce is one of those words that sounds much scarier than it often is.
Many people imagine lengthy court battles, dramatic courtroom speeches, and someone storming out while shouting, "You'll hear from my lawyer!"
Fortunately, that's not what a simple divorce looks like.
If you've already resolved (or never had) issues like parenting, support, and property division, obtaining the divorce itself is often a straightforward legal process.
Here's what you can expect.
First Things First: What Is a Simple Divorce?
A simple divorce is exactly what it sounds like.
It's an application asking the court for one thing only: a divorce.
It does not ask the court to decide:
Parenting arrangements
Child support
Spousal support
Property division
Equalization
Decision-making responsibility
Those issues should already be resolved by agreement, court order, or simply not be in dispute.
If there are still unresolved family law issues, a different type of application may be more appropriate.
Step 1: Make Sure You're Eligible
Before you can obtain a divorce in Ontario, a few legal requirements must be met.
Generally:
You must have been legally married.
At least one spouse must have lived in Ontario for at least one year before starting the divorce application.
There must be a legal ground for divorce.
In most cases, the ground is straightforward: you've been living separate and apart for at least one year. Although there are other technical grounds like infidelity, those are almost never used.
You can actually begin the divorce process before the full year has passed, provided the one-year separation requirement will be met before the divorce is granted.
Step 2: Gather Your Information
To prepare your application, your lawyer will need information such as:
Your marriage certificate
Your separation date
Your current address
Your spouse's address (if known)
Any existing separation agreement or court orders
Information about any children, if applicable
Don't worry if your marriage certificate has gone missing over the years; we can help you order a replacement.
Step 3: We Prepare the Divorce Application
Your lawyer prepares the necessary court documents and files them with the Ontario Superior Court of Justice.
The application sets out basic information about:
Your marriage
Your separation
The legal basis for the divorce
Whether there are any children of the marriage
If there are children, the court must be satisfied that reasonable arrangements have been made for child support before granting the divorce.
Step 4: Your Spouse Is Served
Once the application has been issued by the court, your spouse must generally be formally served with the divorce documents.
This doesn't always involve a dramatic knock on the door by someone wearing sunglasses; in many cases, service is handled professionally and routinely via email or regular mail.
Your spouse then has an opportunity to respond if they wish.
If they don't contest the divorce, the process continues as an uncontested application.
Step 5: We Ask the Court to Grant the Divorce
If no response is filed (or if the divorce is otherwise uncontested), your lawyer prepares the remaining paperwork asking the judge to grant the divorce.
Unlike what you may have seen on television, you usually do not have to attend court for a simple divorce.
Instead, the judge reviews the documents and, if everything is in order, signs the Divorce Order.
Step 6: Wait 31 Days
Here's the part that surprises many people.
Even after the judge grants your divorce, it is not immediately final.
Under the Divorce Act, the Divorce Order takes effect 31 days after it is made (unless the court orders otherwise).
Think of it as the legal equivalent of a cooling-off period.
Step 7: Receive Your Certificate of Divorce
Once the divorce becomes final, your lawyer can obtain a Certificate of Divorce from the court.
This is the official document proving that your marriage has legally ended.
You'll need it if you ever plan to remarry.
It's one of those documents you'll hopefully only need once... but it's a good idea to keep it somewhere safe.
How Long Does a Simple Divorce Take?
The timeline depends on:
Court processing times
Whether documents are completed correctly
Whether your spouse files a response
How quickly required documents are exchanged
While no lawyer can promise an exact timeline, simple uncontested divorces are generally much faster than contested family court proceedings.
Do I Need a Lawyer?
Technically, no. You can apply for a divorce yourself.
However, many people choose to work with a lawyer because even a "simple" divorce involves legal forms, court procedures, filing requirements, and strict rules that can delay the process if mistakes are made.
Having a lawyer also gives you peace of mind that everything has been completed correctly the first time.
Final Thoughts
A simple divorce doesn't have to be complicated.If you've already resolved the financial and parenting issues arising from your separation, obtaining the divorce itself is often the final legal step toward closing one chapter and beginning the next.
At Passageway Law, we guide clients through the process from start to finish, making it as straightforward and stress-free as possible. We'll handle the paperwork, explain each step in plain English, and keep things moving so you can focus on what's ahead.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Every family situation is unique. If you are considering a divorce, you should speak with a family lawyer about your specific circumstances.