How to Get an Uncontested Divorce
An Overview of Do-It-Yourself Divorce in Ontario
An uncontested divorce is a court proceeding where the parties are mutually seeking a divorce, and have already resolved all related issues, such as child support, spousal support, division of property, parenting time and decision-making responsibility. The uncontested divorce represents a simplified divorce procedure, in that court appearances are generally not required.
What Happens in an Uncontested Divorce?
The first step in obtaining an Uncontested Divorce is to complete a Form 8A: Application. Once signed, you must submit the Application to the Court to be issued. There will be a Court filing fee paid to the Court at the time of submission.
After issuance, the issued Application will need to be served on your former spouse. There are special rules on how an Application must be served. After the Application has been served, you will need to file the Application, along with proof of service (Affidavit of Service and if applicable, the Acknowledgement of Service) with the Court.
If your spouse agrees with the divorce, and has no claims to make, they do not have to take any further steps. If your spouse wants to make claims in the matter (i.e. if there are unresolved issues) then they have 30 days after being served with your Application to serve and file an Answer.
If no Answer is filed once the 30 days have passed, you will then file a Form 36: Affidavit for Divorce with an accompanying draft Divorce Order to set down the divorce. There will be a Court filing fee paid to the Court at the time of filing these documents.
You will then wait for the judge to receive your divorce and Application materials. If the judge approves of the divorce, they will issue a Divorce Order. Your divorce will then come into effect 31 days after the Order was issued. The final step is to obtain a Certificate of Divorce which is proof the divorce is effective. You will file a draft Certificate of Divorce and pay a Court filing fee for the Court to issue your Certificate of Divorce.
Please note that one of the parties must be living in Ontario for at least one year prior to the commencement of the Divorce Application.
In Agreement? Get a Faster, Simpler Divorce!
Feldstein Family Law Group P.C. offers document drafting, coaching and advisement services as well as comprehensive divorce counsel, for clients across Ontario.
Feldstein Family Law Group P.C. offers document drafting, coaching, and advisement services, as well as comprehensive divorce counsel, for clients across Ontario. Call (905) 581-7222 to learn more.
Meet Our Dedicated Team of Lawyers
Over a Century of Collective Experience
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Andrew Feldstein FounderRead BioAndrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.
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Daphna Schwartz LawyerRead Bio
Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously practising family law in the Barrie area. Her practice includes all areas of divorce and family law, including custody and access, child support, spousal support, and property issues. Daphna is also qualified to practise Collaborative Family Law.
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Anna Troitschanski LawyerRead Bio
Anna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, and division of property.
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Nick Slinko LawyerRead Bio
Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and Philosophy. Nick graduated in 2007 with an Honours Bachelor of Arts degree. He proceeded to earn a Juris Doctor in Law at the University of Western Ontario in 2011. Nick was Called to the Bar in June of 2012 after completing his Articling term with the Feldstein Family Law Group, P.C. He became an associate with the firm immediately thereafter.
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Veronica Yeung LawyerRead Bio
Veronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer.
Veronica attended York University for her undergraduate studies and graduated as a member of the Dean’s Honour Roll when she obtained her Bachelor’s degree in Honours Criminology.
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Shana Gordon-Katz LawyerRead Bio
Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law.
Shana attended the University of Western Ontario for her undergraduate studies, where she graduated as the gold medalist of her program, Honors Specialization in Classical Studies.
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Rachel Zweig LawyerRead Bio
Rachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. Following her Call to the Ontario Bar in April 2021, Rachel was welcomed back to the firm as an Associate.
Prior to completing her legal studies and obtaining her Juris Doctor at the University of Ottawa, Rachel obtained her Bachelor’s Degree at Ryerson University with a major in English Literature.
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Lauren Harvey Associate LawyerRead Bio
Lauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. Following her Call to the Ontario Bar in April 2022, Lauren was welcomed back to the firm as an Associate.
Prior to completing her legal studies and obtaining her Juris Doctor at the University of Western Ontario, Lauren obtained her Honour’s Bachelor of Arts Degree at Wilfrid Laurier University majoring in Criminology and minoring in Law and Society.
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Quinn Held Associate LawyerRead Bio
Quinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, where she was exposed to various complex Family Law matters. Following her Call to the Bar of Ontario in June 2022, she became an Associate with the Feldstein Family Law Group.
Prior to obtaining her Juris Doctor from the University of Windsor, Quinn obtained her Honour’s Bachelor of Arts Degree at the University of Guelph majoring in Criminal Justice and Public Policy and minoring in International Development.
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Kyla Johnson Associate LawyerRead Bio
Kyla is an approachable, understanding, and motivated advocate. This enables her to build strong relationships with clients. Her practice includes all areas of family law including parenting time, decision-making responsibility, child support, spousal support, division of property and divorce.
