If you and your spouse can agree on all of the terms in a divorce, you can proceed with an uncontested divorce in Ontario.
When filing an uncontested divorce in Ontario, there are two types of uncontested cases:
Uncontested Sole Divorce: When both spouses are in agreement about the divorce and do not oppose the divorce, either the husband or wife files the divorce papers with the court asking for the divorce. Once the papers are filed with the court, your spouse is served with the divorce papers. Your spouse then has 30 days to contest or challenge the divorce, or make a claim such as for support, property, custody, etc. If your spouse does not challenge the divorce within the required period, the divorce will proceed as “uncontested” and will be finalized by the court. This is considered an uncontested divorce in Ontario.
Uncontested Joint Divorce:The second way to proceed is to file a joint divorce. In this type of filing, both the husband and wife sign and swear the divorce papers. Neither spouse is suing the other for divorce – you are simply asking the court to grant a divorce based on separation. In a joint divorce application, spouses can also jointly ask the court to include an order relating to custody, access, support if both spouses agree to the terms. Couples prefer filing a joint divorce because filing in this manner does not require serving divorce documents on the other spouse.