Joint divorce in Ontario

A joint divorce is one both spouses apply for together as joint applicants — no one is served, no one responds, and the application moves straight to the divorce order once the one-year separation is complete. It is the quietest legal exit from a marriage in Ontario: no served papers showing up at the door, no 30-day response window, no possibility of contesting because both names are on the application. Most joint divorces finish in three to five months from filing.

Ontario's Family Law Rules allow joint applications under the same Form 8A used for simple divorces. The difference is the applicant block: a joint application has both spouses' names and both signatures, and the relief asked for is the divorce only — nothing in dispute, nothing for the court to decide except the date the marriage ends (ontario.ca/document/guide-procedures-family-court).

When this does apply

A joint divorce fits when both spouses agree on three things: that the marriage is over, that everything underneath it has already been settled (parenting, child support, spousal support, property — usually in a separation agreement), and that you both want the divorce on paper rather than through a contested process. Practically, it is the right route when the relationship is over but the working relationship is still functional enough to sign one document together. Both spouses sign Form 8A; both signatures are commissioned; the marriage certificate and child-support documentation are attached; the filing fee is paid jointly. From the moment the court accepts the application, there is nothing left to argue about.

When this doesn't apply

Feature	Joint divorce	Simple divorce
Who files	Both spouses together (Form 8A)	One spouse, who serves the other
Service window	None	Serve, then a 30-day response window
Best when	You can both sign one form together	The ex won't co-sign but won't contest

If you and your spouse cannot sit down to sign one form together, joint divorce is not the route — file a simple divorce instead and serve them in the normal way. Joint divorce also does not work if there is anything still being negotiated. The moment a claim is unresolved, the application becomes a general application under Form 8 and the file becomes contested by default. And joint divorce does not skip the one-year separation rule — you can file together before the year is up, but the court will not grant the divorce until you have been separated a full year.

What to do

Settle parenting, support, and property in a written separation agreement first, with each of you taking Independent Legal Advice before signing.

Once the agreement is signed, sit down once to complete Form 8A together — both names in the applicant block, both signatures commissioned by a commissioner for taking affidavits (one commissioner can commission both signatures). Attach the marriage certificate, the child-support documentation if there are children of the marriage (under 18, or older and still dependent), and the filing fee. File at the Superior Court of Justice in the region one of you lives in — at least one of you must have been ordinarily resident in Ontario for the past year. From there, the court does the rest. If you want the full filing sequence step by step, see how to file for divorce in Ontario.

See your specific Ontario plan at cairnguide.ca/signup.