Contested vs uncontested divorce in Ontario

An uncontested divorce in Ontario is one where neither spouse opposes the divorce or anything in the application — paperwork only, four to six months, about $670 in fees. A contested divorce is one where something is in dispute — parenting, support, property, or the divorce itself — and the court has to decide. Costs run from $7,500 to $35,000 per side and the timeline stretches into years. The key point: what is contested is rarely the divorce itself. It is the money and the kids. Settle those in a separation agreement first, and an uncontested divorce almost always follows.

Ontario family courts route the two file types onto different tracks. Uncontested files move through the Superior Court of Justice on paper — Form 8A or 8, the marriage certificate, the affidavit, the order. Contested files involve case conferences, settlement conferences, motions, disclosure obligations, and sometimes trial (ontario.ca/document/guide-procedures-family-court).

When this does apply

The uncontested route applies when three things are true: you have been (or will be) separated for one full year, you and your spouse agree on parenting and support for any children under 19, and there is nothing else in the application the other side wants the court to decide. Most Ontario men reach this point by signing a separation agreement that resolves parenting, child support at the Federal Child Support Tables amount, spousal support if applicable, and property division. Once that document exists, the divorce application asks for only the divorce — no other claims attached. The other spouse can apply jointly (see joint divorce in Ontario) or be served and simply not file an Answer within 30 days. Either way, the file becomes uncontested by default and runs through court on a paper track.

When this doesn't apply

The contested route opens up the moment a claim is unresolved — parenting time, decision-making, support amounts, the matrimonial home, division of property. A general application (Form 8) starts a contested file by default. Disclosure obligations kick in (financial statements, Form 13 or 13.1, supporting documents). Case conferences and motions add months. Lawyers charge hourly. The Department of Justice estimates contested family-law files at $7,500 to $35,000 per side, and complex matters with experts, appeals, or trial cost more. Almost every contested Ontario divorce is contested because of the money and the kids — not because of the divorce. The divorce itself, once the substance is settled, is the simplest legal step.

What to do

If anything is still in dispute between you and your spouse, the most important step is not filing a divorce — it is settling the disputed substance. Mediation, four-way meetings between counsel, or collaborative practice are all faster and cheaper than litigation. Once the parenting, support, and property questions are settled in writing, the divorce becomes paperwork. If you are already in a contested file, the same logic applies in reverse: a successful case conference or settlement conference can convert the file to uncontested, drop costs, and shorten the timeline. See self-representing when your ex has a lawyer for the playbook if you are managing this without counsel.

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