Family Law Services: Sole & Joint Divorce in Ontario

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At Magna Carta Legal Services, we understand that deciding to end a marriage can be overwhelming. Our role is to guide you through the legal process with clarity, efficiency, and care. As part of a select group of paralegals authorized by the Law Society of Ontario to deliver limited scope Family Legal Services, we assist clients with simple (sole/uncontested) and joint divorce applications in Ontario. Our focus is on making the process as straightforward and stress-free as possible while ensuring every step is handled correctly.

 

Understanding Divorce in Ontario

There are two main ways to obtain a divorce in Ontario when no other family law issues are being decided by the court:

• Sole / Uncontested Divorce
  One spouse files an Application for Divorce with the court and arranges for it to be formally served on the other spouse. The only request made is to legally end the marriage. Once served, the responding spouse has 30 days to reply. If no response is filed within that time, the matter proceeds as an uncontested divorce.

• Joint Divorce
  In a joint divorce, both spouses apply together by signing all of the required forms. Neither spouse is suing the other — instead, you are jointly asking the court to grant the divorce. This is often the most convenient option when both parties agree.

• Timing
  In either process, once the application is filed, the court requires a waiting period of at least 31 days after the divorce order is granted before it becomes final. On average, the process takes two to six months, depending on the court’s schedule.

 

Requirements for Divorce in Ontario

Before starting a divorce application, certain requirements must be met:

• Residency: At least one spouse must have lived in Ontario for a minimum of 12 months before filing.

• Divorce Type: We assist only with simple (sole/uncontested) divorces and joint divorces where the only request is to legally end the marriage.

• Grounds for Divorce: The most common ground is living separate and apart for at least one year before the divorce is finalized. Other grounds, such as adultery or cruelty, are outside the limited scope of services paralegals are authorized to provide.

• Marriage Certificate: A government-issued marriage certificate is required. If you were married in Ontario but do not have one, a replacement can be ordered. If your marriage certificate is in a language other than English or French, it must be accompanied by a certified translation.

• Service of Documents: For a sole divorce, your spouse must be properly served with a copy of the filed application. You cannot serve the documents yourself; another adult or a professional process server must complete this step.

Our Services for Divorce Clients

• Consultations: Straightforward advice on whether a sole or joint divorce best suits your circumstances.

• Document Preparation & Filing: We prepare and file all required court forms on your behalf, ensuring accuracy and compliance with court requirements.

• Service of Documents: Guidance on the proper method of serving your spouse in Ontario, with support in arranging professional service if required.

• Affidavits & Commissioning: Preparation of your Affidavit for Divorce, with commissioning provided through secure video conference at no additional cost.

• Court Filings: Management of both the Application for Divorce and the final set-down filing, ensuring deadlines are met and the matter proceeds without delay.

 

Estimated Timeline for a Divorce in Ontario

 

While every court processes files at a slightly different pace, most simple (sole/uncontested) and joint divorce applications follow these stages:

• Step 1 – Preparing and Filing the Application (Week 1–2)
  After we complete your divorce documents, they are filed with the court. It usually takes about 1–3 weeks for the court to issue the Application.

• Step 2 – Serving the Spouse (Sole Divorce only) (Week 3–6)
  Once issued, the Application must be formally served on your spouse. If your spouse lives in Ontario, they have 30 days to respond. If they do not respond within that time, the matter continues as an uncontested divorce.
  (For a joint divorce, this step is not required since both spouses sign together.)

• Step 3 – Filing the “Set-Down” (Earliest at Day 31 after Service)
  After service is complete (or immediately in a joint divorce), the final set of documents — including your sworn Affidavit for Divorce — is filed with the court.

• Step 4 – Court Review and Divorce Order (2–6 months after Set-Down)
  A judge reviews the paperwork. If everything is in order, a Divorce Order is granted. Processing time varies by court, but it generally takes several weeks to several months.

• Step 5 – Divorce Becomes Final (31 days after the Order)
  Once the Divorce Order is signed by a judge, it takes effect 31 days later. At that point, you are legally divorced and may request a Divorce Certificate from the court if needed (for example, to remarry).

 

Typical Duration: From start to finish, the process usually takes two to six months, though some court locations may take longer. Because timelines are not guaranteed, it is best to wait until you have the final Divorce Order in hand before making any future plans, such as remarriage.

 

Examples of Divorce Applications

• Sole / Uncontested Divorce: One spouse files and serves the documents; if the other does not respond within 30 days, the divorce proceeds without a court hearing.

• Joint Divorce: Both spouses sign and file the paperwork together, offering a cooperative and efficient path to finalize the divorce.

• Missing Spouse: If a spouse’s whereabouts are unknown after reasonable efforts to locate them, the court’s permission is required for substituted service. We assist with preparing and presenting this request.

 

Timely Updates and Communication

We know how important this process is to your future. Our office provides consistent updates and clear communication through our secured client portal, so you are always informed about the progress of your case and the steps ahead.

 

At Magna Carta Legal Services, we are committed to offering a professional, efficient, and supportive approach to divorce in Ontario. Whether you are proceeding with a sole/uncontested divorce or a joint divorce, you can rely on us to guide you with precision, care, and understanding.