The Uncontested Divorce Process: From Filing to Final Order
Skip the courtroom. Learn how the 'Desk Divorce' process allows you to dissolve your marriage entirely on paper in 4 to 6 months.
Legal Review: This procedural guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Ontario Family Law Rules for uncontested applications.
The Quick Answer: How Does It Work?
An Uncontested Divorce (or Desk Divorce) occurs when the spouses agree on all issues, or when the Respondent fails to file an Answer within 30 days. The process involves three main steps:
- Filing the Application (Form 8A)
- Serving the documents
- Filing the Affidavit for Divorce (Form 36)
Once filed, a judge reviews the paperwork in their office and signs the Divorce Order. No court appearance is required.
What to Expect
4 to 6 Months
From filing to receiving the certificate. Delays usually happen due to clerical errors in the Affidavit.
~$669 Total
You pay ~$224 to file the Application and ~$445 to file the Affidavit for Divorce.
Flat Fees Available
Because the process is predictable, many lawyers offer flat rates for uncontested divorces (unlike hourly billing for contested cases).
Sole vs. Joint Application
Sole Application
This is the most common method. One person files, the other is served. If they don't answer in 30 days, you proceed.
This is safer if you suspect your spouse is lazy or unresponsive. You maintain control of the timeline and don't need their cooperation to complete the process.
Joint Application
Both spouses sign the Form 8A together. It is faster (no service, no 30-day wait).
Risk: If one spouse refuses to sign the final affidavit later, the whole process stalls. Only use this if you have a truly amicable relationship.
Step-by-Step: The Paperwork Path
The "Desk Divorce" Roadmap
File Form 8A
Issue the Application at the Superior Court.
Serve the Spouse
Hand over the papers and file Form 6B (Affidavit of Service).
The 30-Day Wait
Wait for the appeal/response window to close.
Set Down
File Form 36 (Affidavit for Divorce), Form 25A (Draft Order), and your Marriage Certificate.
Judicial Review
The judge reads your file. If correct, they sign the Order.
The Certificate
31 days after the Order is signed, you get the Certificate of Divorce.
Uncontested Process FAQs
Deepa Tailor
Senior Family Lawyer
Deepa Tailor streamlines the uncontested divorce process, ensuring all affidavits and draft orders are error-free to prevent court rejection and delays.
View Full BioReady to Close the Chapter? Start Your Desk Divorce.
Let us handle the paperwork while you focus on your fresh start.
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