Uncontested Divorce in Canada

What is an Uncontested Divorce?

An uncontested divorce is one where both spouses agree on all the key issues — including the divorce itself, division of property, child custody and access, and support arrangements. Because there is no dispute to resolve in court, it is significantly faster and less expensive than a contested divorce.

When Would You Use This Process?

• Both spouses agree the marriage has broken down and want a divorce
• You have been separated for at least one year (the most common ground for divorce in Canada)
• You have already agreed on all financial and parenting matters
• Neither party intends to dispute the divorce in court

Key Steps in an Uncontested Divorce

• Confirm you meet the one-year separation requirement (or another ground under the Divorce Act)
• Gather required documents: marriage certificate, separation agreement if applicable
• File a divorce application in the appropriate court in your province
• Serve the application on your spouse
• Obtain a divorce order from the court
• Wait 31 days for the order to take effect (unless waived)

Getting the Documents You Need

Divorce documents vary by province. For a guided online service, we recommend the resource below — it walks you through the process for your province and provides the correct forms.