Divorce is a legal process, but it’s also a personal transition. Whether your divorce is uncontested or contested, we’ll explain your options in plain language, help you understand the steps ahead, and protect your rights along the way.
What is a divorce application?
A divorce application is the formal court process that legally ends a marriage. Many people assume divorce “just happens” after separation—but in Ontario, a divorce must be granted through the court.
Good to know: Divorce is often just one part of the overall picture. Parenting arrangements, child support, spousal support, and property division may need to be addressed separately (sometimes before, sometimes alongside the divorce).
Uncontested vs. contested divorce
Uncontested divorce (often simpler)
An uncontested divorce typically means you and your spouse are not disputing the divorce itself, and major issues are already resolved (or there are no outstanding issues).
It often involves:
completing the proper court forms
filing with the court
ensuring the other spouse is properly served (when required)
following court steps to obtain the divorce order
Contested divorce (more complex)
A divorce becomes contested when one spouse disputes the divorce or when related issues are unresolved and require negotiation or court involvement.
It may involve:
responding to claims and deadlines
court conferences and procedural steps
negotiation and/or motions
litigation strategy (when necessary)
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How we help
We can support you with:
explaining whether an uncontested or contested approach applies to your situation
preparing and filing the divorce application and supporting documents
service requirements and proof of service
responding to a divorce application you’ve received
guiding you through court steps and timelines
coordinating with related family-law matters (parenting/support/agreements)
What to expect: our process
01
Consultation & information gathering
We learn the basics: dates, current living situation, children (if any), and what has already been agreed to.
02
Strategy & paperwork
We confirm the best route (uncontested/contested), prepare documents, and outline the steps and expected timing.
03
Filing, follow-up, and closure
We file, manage procedural requirements, keep you updated, and guide the matter through to completion.
What to bring to your consultation
If you have them, bring:
marriage certificate (or details of where/when you were married)
separation date (approx. is okay)
any existing agreements or court documents
if children are involved: basic parenting schedule notes
basic financial info (income, debts, assets) if support/property discussions are relevant
Don’t worry if you’re missing items—bring what you have, and we’ll guide the rest.
FAQ
Do I need to be separated for a full year to get divorced?
Often, yes—many divorces are based on living separate and apart for at least one year. There are other legal grounds, but the one-year separation is common. (We can explain what applies to your situation.)
Can we apply for divorce if we agree on everything?
Yes. If issues like parenting, support, and property are resolved (or not applicable), an uncontested divorce may be possible.
Do we have to go to court?
Not always. Many couples resolve terms through negotiation and finalize everything in a separation agreement without going to court.
How long does it take?
Timing varies based on complexity, completeness of documents, and court processing times. After a consult, we can give a realistic expectation for your situation.
What if I’ve been served with divorce papers?
Don’t ignore it—there are deadlines. We can review what you received and help you respond appropriately.
Does divorce cover parenting, support, and property too?
Not automatically. Divorce ends the marriage legally, but parenting/support/property issues may need to be resolved separately or alongside the divorce.