Can You Get An Uncontested Divorce in Durham: Understanding the Process and Legal Requirements

Uncontested divorces are granted in the Durham Region, Ontario. Divorce is a life-changing event and can be stressful for the person experiencing it. As a certified law firm with in-depth experience in family and divorce law, Alibhai Law helps clients navigate this transition with clarity and confidence. We explain the process, their rights, and the options available to them so they can achieve practical, fair outcomes that provide long-term stability. 

What is an Uncontested Divorce?

When both spouses agree on key issues related to parenting time, support, and property division, without court intervention, it is an uncontested divorce. The process is streamlined and only requires the submission of a mutual agreement to the court. Uncontested divorces are resolved faster and cause less emotional strain. This also minimizes conflict, particularly where children are involved. It is also one of the most cost-effective forms of divorce because legal fees and paperwork are lower. Both parties can then focus on rebuilding their lives. The environment in an uncontested divorce is quite collaborative, and families transition with dignity. 

Types of Uncontested Divorce Cases

Sole Divorce: 

• Both spouses agree to the divorce and do not oppose it.
• Either the husband or the wife files the divorce papers.
• The non-filing spouse is served the divorce papers once they are filed in court.
• The non-filing spouse is given 30 days to challenge the divorce or make a claim.
• If the non-filing spouse does not dispute the divorce within that period, the divorce is uncontested.
• The court then finalizes the divorce. 

Uncontested Joint Divorce:

• Both spouses agree to sign and swear the divorce papers.
• Neither of them sues the other for divorce.
• This way, they are telling the court that they both want a divorce.

Uncontested Divorce Requirements:

• Either spouse must reside in Ontario, and they must have lived there for at least one year when the divorce is filed. 
• In an uncontested divorce, the only claim can be for divorce. For other issues, such as support and custody, you may need to contact us for legal advice. 
• According to the Divorce Act, you should have been living apart for at least a year. That does not mean you must live in separate residences. For economic reasons, you may choose to live in the same residence but consider living apart under the same roof. While you can still file for divorce before the separation period, it will be granted only after the one year is over. 
• In Ontario, you do not need a separation agreement to file for divorce. But many couples are choosing to file a separation agreement in an uncontested divorce. This gives them peace of mind, knowing it is a presentable document in court. 
• You can still file for a divorce in Ontario without serving your spouse with the documents. This applies when you may not be able to locate your spouse and need to file for a divorce. 

Must Read : How to Find the Right Divorce Lawyer in Durham?

What to do in an uncontested divorce in Ontario?

Application

• Complete Form 8A Application and Form 36 Affidavit for Divorce
• In addition to the above, file the original marriage certificate or license.
• Pay the filing fees
• Complete and file any related forms of relief agreed by you and your spouse.

Property

If your divorce application includes arrangements for property division, child support, or spousal support, you must file a Form 13.1 Financial Statement. 

Parenting Time

If the divorce application includes arrangements about parenting time, then you must complete the Form 35.1 Parenting Affidavit. 

Steps to Filing an Uncontested Divorce

After choosing the simple application or joint application and completing Form 8A: Application, you must gather the required documents. Get three copies of the signed and dated Form 8A and the original marriage certificate. If this is unavailable, then get an explanation via affidavit in Form 36.

File the collected documents at a Superior Court of Justice or Family Court branch in the municipality where one of the spouses lives. If you are qualified, you can file online through Ontario’s Family Claims Online or Justice Services Online.

Form 36

• Form 36 is the Affidavit for Divorce
• In a joint divorce, each spouse completes this and swears in front of a commissioner. 
• In a simple divorce, only the individual filing the Form 8A prepares the Affidavit for Divorce.
• Divorce Order Form 25A is drafted for agreed terms.
• A copy of the draft Divorce Order with the Affidavit is filed. 

Service (Not Joint)

• For a sole application, someone other than you who is 18+ years of age must serve the documents. This includes the application and the respondent’s forms. Ask Alibhai Law family lawyers in Durham to arrange this.
• The service timeline in Canada/US is 30 days, and outside Canada/US it is 60 days.
• Form 6B: Affidavit of Service is to be filed as proof.
• The court reviews all documents presented and then issues the divorce order. Overall, the process typically takes about 31 days after the order date. 

Alibhai Law

Several steps are involved in filing for an uncontested divorce in Durham, Ontario. It is essential to work with an experienced family lawyer, such as Alibhai Law, to ensure you have everything needed to keep the process smooth and quick. 

FAQs

Q1. What is an Uncontested Divorce?

Both spouses agree on key issues about parenting time, property division, etc., without the need for court intervention; this is called an uncontested divorce.

Q2. What is a sole divorce and an uncontested joint divorce?

In a sole divorce, either the husband or the wife files for divorce, and in an uncontested joint divorce, both spouses agree and swear the divorce papers.

Q3. What to do in an uncontested divorce?

First, complete the Form 8A application and Form 36 Affidavit for Divorce. Then file the original marriage certificate or license. File Form 13.1 Financial Statement in case of property or financial divisions, and Form 35.1 Parenting Affidavit if parenting time is involved.

Q4. What are the uncontested divorce requirements?

Choose a simple or joint application and complete the Form 8A. Gather the required documents and file them at the Superior Court of Justice or Family Court Branch at the municipality where one of the spouses lives.

Q5. Who can I approach for guidance on uncontested divorce?

Reach out to Alibhai Law for guidance on uncontested divorce and paperwork related to your case.