Joint vs uncontested divorce in Ontario
Understand the difference and choose the right option
Learn how joint and uncontested divorce work, and find out which approach best fits your situation.
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The main difference comes down to how the divorce application is filed — either together or by one spouse.
What’s the main difference?
Uncontested divorce
- One spouse starts the application
- The other spouse does not oppose the divorce
- One spouse is the active applicant
- Suitable where the divorce is not being contested
- Often used when one person is taking the lead
Joint divorce
- Both spouses apply together
- One joint application is filed
- Both spouses participate throughout
- Often more streamlined when aligned
- Suitable when both parties agree to proceed together
Not sure which option applies to you?
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Which option may be right for you?
The right option depends on whether both spouses are moving forward together or one spouse is applying independently.
Uncontested divorce may be right if:
- You are proceeding on your own
- Your spouse is not opposing the divorce
- You want to move forward without dispute
- You are handling the application independently
- You and your spouse are working together
- You both agree on moving forward
- You are comfortable cooperating through the process
- You want a shared, streamlined application
Joint divorce may be right if:
Still not sure which option applies to your situation?
We’ll review your situation and guide you in the right direction.
Frequently asked questions
Get clear answers to help choose the right divorce option.
What is the main difference between joint and uncontested divorce?
The main difference is how the application is filed. In a joint divorce, both spouses apply together. In an uncontested divorce, one spouse applies and the other does not oppose the process.
Is one option faster than the other?
Joint divorces are often more streamlined because both spouses are participating together, but timelines depend on court processing times and individual circumstances.
Which option is better?
Neither option is automatically better. The right choice depends on how you and your spouse are proceeding.
Do both spouses need to agree for a joint divorce?
Yes. A joint divorce requires both spouses to participate and move forward together.
What if I’m not sure which one applies to me?
We can review your situation and help determine the most appropriate option.
Still have questions about your situation?
We’ll help you choose the right option and guide you through the next steps.
Ready to move forward?
Start your request and we’ll help determine the right option and guide you through the next steps.
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