Toronto Uncontested Divorce
An uncontested divorce occurs when the respondent does not file an Answer to an Application. Both spouses are willing to cooperate and are able to reach an agreement on issues (if any) such as child custody and support, and division of assets.
My office offers a highly competitive flat rate fee to help you obtain a simple, hassle-free uncontested divorce in Ontario. No court appearance by you will be necessary and all paperwork and documents will be served and filed by us.
Grounds for divorce
The court will grant you a divorce if:
- You and your spouse have lived separately for at least one year (although you may begin the filing procedure anytime after your separation begins).
- Your spouse against whom the divorce is sought has committed adultery.
An Application for an uncontested divorce may be brought to the court in two ways:
- Simple Application: A simple application deals solely with a request for divorce (and no other claims such as division of property).
- Joint Application: A joint application is brought by both spouses jointly, and must be on consent of both parties (a joint application may deal with other claims insofar as both parties are in agreement).
With respect to a simple application for divorce, after the Application is filed with the court, a copy must be served to your spouse. Your spouse then has 30 days (60 days if served outside Canada or the United States) to respond to the court if he/she wants to contest the divorce. If he/she does not file an Answer within the prescribed time, the divorce becomes “uncontested” and you may then proceed to file for a Divorce Order and obtain a Certificate of Divorce.
The cost for an uncontested divorce is a flat rate* of $1,200, inclusive of fees, disbursements & HST.
This rate includes:
- Required forms
- Application (Divorce) Form 8A
- Affidavit of Service Form 6B
- Registration of Divorce Proceeding Form
- Affidavit for Divorce Form 36
- Divorce Order Form 25A
- Court filing fees
- Drafting legal documents
- Service of documents
- Commissioning of required affidavits
- Certificate of Divorce
* Please be advised that in the event the respondent files an Answer to your Application and the claim becomes contested, your case will proceed at the usual hourly rate due to the further complexity of issues involved and additional time required.
On average, an uncontested divorce can be finalized within 3-4 months, if there are no complications with serving your spouse and you are able to provide us with all the required information and documentation.
- The first step is to download and complete the New Client Questionnaire (PDF). Return by email to contact@JamesMarks.ca or fax to 416-929-7380.
- Our office will then contact you to arrange for a date and time to come in for an initial appointment.
- During this initial meeting, you will provide us with a retainer in the amount of $1,200.00, which will be held in trust. You will also be asked to bring with you: the original Marriage Certificate and proof of any previous divorce(s). If you have satisfactorily filled out the on-line questionnaire with all of the required information, we will also have your documents prepared and ready for you to review and sign.
- Once the forms have been finalized, we file them with the court and serve your spouse with the Application (not needed if a Joint Application is brought).
- After the prescribed amount of time has elapsed and the court has received a Clearance Certificate from the Central Registry of Divorce Proceedings, we will make arrangements for you to come in and swear your Affidavit for Divorce and review the second set of forms before we file them with the court.
- Once the judge has granted the Divorce Order, a copy will be sent to you and one will be sent to your spouse. The Divorce Order will state that the divorce takes effect on the 31st day after the date of the Order.
- The final step is to obtain your Certificate of Divorce, which is only issued after the required time has elapsed from the date of the Divorce Order.