When both of you accept that the marriage is over and nothing else needs a judge’s decision, the divorce itself is mostly careful paperwork. A divorce lawyer in Mississauga at Law Wise prepares simple divorce and joint divorce applications for clients across the entire GTA and Ontario. This page sets out both processes, step by step.
Simple divorce and joint divorce: the difference
Both are uncontested divorces under the federal Divorce Act, decided by a judge of the Superior Court of Justice on written evidence. They differ in who applies.
- Simple divorce. One spouse applies and asks for a divorce only, with no claim for support, property or parenting orders. The application is served on the other spouse. If no answer is filed in time, the divorce goes ahead without that spouse taking part. It is also called a sole or uncontested divorce.
- Joint divorce. Both spouses apply together. There is no respondent and nothing is served. The application can also ask for other orders that both spouses agree to, such as parenting or support terms. Every order is made only with the consent of both.
Neither process requires anyone to prove fault, and neither normally requires you to appear in court. If your spouse opposes the divorce, or you disagree about parenting, support or property, see contested divorce.
Before a court will grant any divorce
- Residence. You or your spouse must have been habitually resident in Ontario for at least one year immediately before the case starts.
- Breakdown of the marriage. Almost always shown by living separate and apart for at least one year. You can file before the year is up, but the divorce is not granted until it has passed. Time spent back together to try to reconcile, up to 90 days in total, does not restart the year.
- Children. The court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage. If it is not, the divorce is put on hold.
- Proof of the marriage. A marriage certificate must be filed, unless the application explains why one cannot be obtained.
Sources: Divorce Act, RSC 1985, c 3 (2nd Supp), ss 3(1), 8 and 11(1)(b); Family Law Rules, O Reg 114/99, r 36(4), as they read on 10 October 2026.
The simple divorce process, step by step
- Prepare the applicationThe application is Form 8A, completed as a simple application for divorce only. Names must match the marriage certificate exactly.
- File it and pay the first feeThe application is filed with the Superior Court of Justice, or its Family Court branch where there is one, in the municipality where you or your spouse lives. The fee on filing is $224. The court then asks the federal Central Registry of Divorce Proceedings to confirm that no other divorce case exists between you.
- Serve your spouseYour spouse must receive the issued application by special service. You cannot hand it over yourself. Another adult or a process server does it and swears an affidavit of service (Form 6B).
- Wait for the answer periodYour spouse has 30 days to serve and file an answer, or 60 days if served outside Canada and the United States. If an answer is filed, the case is no longer a simple divorce.
- File the divorce papersIf there is no answer, you file your sworn affidavit for divorce (Form 36), a draft divorce order (Form 25A), the affidavit of service and the second fee of $445.
- A judge reviews the fileCourt staff put the papers before a judge, who can grant the divorce, return the papers for correction, or ask for more information.
- The divorce takes effectA divorce takes effect on the 31st day after the judge grants it. You can then ask the court for a certificate of divorce, which you will need if you plan to remarry.
The joint divorce process, step by step
- Settle the terms firstA joint application works only if you agree on the divorce and on every other order being requested. Parenting, support and property are usually recorded in a separation agreement beforehand.
- Prepare one application togetherBoth spouses sign Form 8A. Each spouse swears a separate affidavit for divorce (Form 36). A draft divorce order (Form 25A) and the marriage certificate go with it.
- Add the forms for children and supportIf the order will deal with parenting, a parenting affidavit (Form 35.1) is required. Support or property terms need financial statements and, for support, a draft support deduction order.
- File everything at onceThe whole package is filed together with the full court fee of $669. Nothing is served and there is no waiting period for an answer.
- A judge reviews the fileOnce the federal registry’s clearance arrives, the file goes to a judge in the same way as a simple divorce.
- The divorce takes effectAs with a simple divorce, the order takes effect on the 31st day after it is made, and either of you can then request a certificate of divorce.
Which process suits your situation
A joint divorce suits spouses who are on speaking terms, agree on everything and are both willing to sign. It avoids service and the wait for an answer, and it lets the divorce order include the parenting and support terms you have agreed on. A simple divorce suits a spouse who wants only the divorce and whose husband or wife does not object but will not take part, lives far away, or is hard to reach. Your spouse’s signature is not needed for a simple divorce.
In a joint application Law Wise acts for one spouse. The other spouse is free to get independent legal advice before signing, and should do so if the divorce order will include support, parenting or property terms.
Court fees and timing
- On filing: $224, made up of a $214 court fee and a $10 federal registry fee.
- Before the file goes to a judge: $445.
- Total court fees: $669. In a joint divorce the whole amount is paid at the start.
- Certificate of divorce: $25, if you need one.
These are the court’s fees as published by Ontario, last updated 9 April 2026. A person who cannot afford them can ask for a fee waiver, although the $10 federal fee cannot be waived. Our legal fee is separate and is confirmed in writing before we start.
How long a divorce takes depends on three things: the one-year separation period, the federal clearance, which Ontario’s court checklist says takes about four to six weeks, and the court office’s own processing time, which varies. No lawyer can promise a date. Complete and accurate papers avoid the most common cause of delay, which is a file returned for corrections.
Settle property and support before the divorce is final
A divorce order ends the marriage. It does not divide property or settle support unless those terms are in the order or in a separation agreement. A married spouse’s claim to an equalization of family property must be started within time limits in section 7(3) of the Family Law Act, one of which is two years after the divorce. Before you file for a simple divorce, make sure nothing is being left unresolved. See separation agreements and property division.
How a divorce lawyer in Mississauga can help
- confirms that you qualify and that a simple or joint application is the right route
- checks that property, support and parenting have been dealt with before the divorce is granted
- prepares the application, affidavits and draft order so that the court office does not return them
- arranges service on your spouse and, if your spouse cannot be found, asks the court to allow another method
- files the documents, follows up with the court office and obtains your certificate of divorce
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about simple and joint divorce
Does my spouse have to agree to the divorce?
Not for a simple divorce. You do not need your spouse’s consent or signature. Your spouse must be served, and if no answer is filed the divorce can proceed. A joint divorce does need both of you to sign.
Do I have to go to court?
Usually not. Simple and joint divorces are decided on affidavit evidence. A judge who has a question can ask for a further affidavit or for you to attend and explain.
How much does a simple divorce cost in Ontario?
The court fees total $669, plus $25 if you want a certificate of divorce. The legal fee for preparing and filing the papers is separate. Ask us for the fee, which we confirm in writing.
How long does a simple or joint divorce take?
The divorce cannot be granted until you have been separated for one year, and it takes effect 31 days after the judge grants it. In between, timing depends on the federal clearance and on the court office’s processing time.
Can we get a joint divorce if we have children?
Yes. The court must be satisfied that reasonable arrangements have been made for child support, and extra forms are needed if the order will deal with parenting or support.
What if I cannot find my spouse?
You can still apply. If reasonable efforts to locate your spouse fail, the court can order service by another method or, where no method would work, order that service is not required. This needs a motion with detailed evidence of the steps taken.
Where do I file for divorce in Ontario?
With the Superior Court of Justice, or its Family Court branch where there is one, in the municipality where you or your spouse lives. Ontario also allows simple and joint divorce applications to be filed online: through the Ontario Courts Public Portal for Toronto, and through the Family Submissions Online portal for the rest of the province.
Speak with a divorce lawyer in Mississauga
Tell us whether you and your spouse agree, and we will explain which process fits and what it costs. The first consultation is free for 15 minutes, by appointment.
This page is general legal information for Ontario, current as of 10 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.