Uncontested vs Contested Divorce in Canada

An uncontested divorce is one where the spouses have already agreed on everything, or where the divorce is the only thing being asked for and the other spouse does not oppose it. A contested divorce is one where at least one issue, usually parenting, support or property, is still in dispute and has to be resolved through negotiation, mediation or a court process. The legal grounds are the same for both. The difference is how much disagreement remains, and that drives cost, time and stress.

This article is part of the guide to family law in Canada.

Side-by-Side Comparison

For detailed fee ranges, see how much a divorce lawyer costs in Canada.

Uncontested Divorce

When a divorce is uncontested

A divorce is uncontested when either:

• the spouses have already settled parenting, support and property, usually in a signed separation agreement or earlier court order, or
• there are no children and no claims for support or property, and the divorce is the only order requested.

Joint versus simple applications

In Ontario and several other provinces, an uncontested divorce can be filed two ways:

• Joint application: both spouses apply together. No one needs to be served, and the file can go to a judge as soon as it is complete.
• Simple or sole application: one spouse applies, the other is formally served, and if no response is filed within the deadline, the case proceeds as unopposed.

In Ontario, both types use Form 8A: Application (Divorce), along with Form 36: Affidavit for Divorce and a draft Form 25A: Divorce Order. Joint and simple divorces can be filed online.

What the judge still checks

Even when spouses agree, the court must be satisfied that:

• the one-year separation period, or another ground, is met
• at least one spouse has lived in the province for at least one year
• no other divorce proceeding exists, confirmed by a federal clearance certificate
• reasonable arrangements have been made for the support of any children

If child support is missing or well below the guideline amount without explanation, the judge can refuse to grant the divorce until it is addressed. See child support in Canada.

Contested Divorce

What makes a divorce contested

It is rare for spouses to fight about the divorce itself. Contested cases are about the issues that come with it, such as:

• where the children will live and how parenting time and decision-making are shared
• the amount and duration of child or spousal support
• the value of property, pensions or a business, and how it is divided
• who keeps the family home
• whether a marriage contract or separation agreement is valid

The court process in Ontario

Ontario's family courts require cases to move through structured steps designed to encourage settlement:

1. Application and answer. The applicant files a general application. The respondent files an answer and can make their own claims.
2. Financial disclosure. Where support or property is claimed, both sides file sworn financial statements and supporting documents.
3. Mandatory Information Program. In most cases, both parties attend a free information session about the court process, the effects of separation on children and alternatives to court.
4. Case conference. The parties meet with a judge to narrow the issues, exchange information and explore settlement.
5. Settlement conference. If issues remain, a judge helps the parties try to settle, and each side must make an offer to settle.
6. Trial management conference. If a trial is likely, a judge helps prepare the case and tries one last time to settle.
7. Trial. A judge hears evidence and decides the remaining issues.

Motions can be brought along the way for temporary orders, such as interim child support or parenting arrangements.

Other provinces follow similar settlement-focused processes with their own names and rules. In Alberta, family cases in the Court of King's Bench have run under a Family Focused Protocol since January 2, 2026, which assigns one intake justice to each family and requires mandatory steps before court.

Most contested cases still settle

The court process is designed to push settlement, and the large majority of contested family cases resolve before trial, often at or after a conference. A case can switch from contested to uncontested at any point once the spouses reach agreement, and the terms can be written into consent orders or minutes of settlement.

How to Move From Contested to Uncontested

1. Exchange full financial disclosure early. Many disputes stall because one side does not trust the other's numbers.
2. Separate the issues. Agreeing on parenting first, then support, then property, can make progress easier.
3. Try mediation. A neutral mediator can help resolve parenting and support issues. See mediation vs going to family court.
4. Use the guidelines. Child support tables and the Spousal Support Advisory Guidelines give objective starting points.
5. Put the deal in writing. A properly signed separation agreement turns the divorce into a simple uncontested filing. See what to include in a separation agreement.

When a Contested Process Is the Right Choice

Settling is usually cheaper and faster, but court is sometimes necessary, for example when:

• there is family violence or a safety risk
• a spouse is hiding assets or refusing to provide financial disclosure
• a spouse refuses to engage at all
• urgent orders are needed to protect children or prevent property from being sold
• the other spouse is making demands that are far outside what the law provides

Frequently Asked Questions

Can a divorce start contested and become uncontested?

Yes. Spouses can settle at any stage. The agreed terms can be filed as a consent order, and the divorce can then proceed without a trial.

Can one spouse stop the other from getting a divorce?

Not when the ground is one year of separation. A spouse can dispute the other issues, but they cannot prevent the divorce itself if the legal requirements are met.

How long does an uncontested divorce take?

Once the year of separation has passed and the paperwork is complete, uncontested divorces are often granted within a few months, depending on the court's workload. The divorce then takes effect 31 days after the order. See how to get a divorce in Canada.

Do I need a lawyer for an uncontested divorce?

Not necessarily. Many people file simple or joint divorces themselves. Legal advice is still strongly recommended before signing a separation agreement, because it decides parenting, support and property. In Ontario, paralegals with a Family Legal Services Provider licence can also help with joint and uncontested divorces.

Is a contested divorce public?

Family court files are generally part of the public court record, although courts can restrict access in some circumstances, especially to protect children. Uncontested divorces keep far less information in front of the court.

Looking for a family lawyer? Search LawyerDirectoryCanada.ca for family lawyers by province and city.

Sources

• Divorce Act, Justice Laws Website, Government of Canada
• Fact Sheet: Divorce, Department of Justice Canada
• Guide to procedures in family court: required steps in family court, Government of Ontario
• Guide to procedures in family court: steps to filing an application, Government of Ontario
• Settlement conferences, Ontario Court of Justice
• Alberta Court of King's Bench outlines new family-focused protocol, Canadian Lawyer