How Long Does a Simple Divorce Take in Ontario — And What Does It Cost?

If you and your spouse have separated and agreed on all the important issues — parenting, support, and property — you may qualify for what Ontario lawyers call a ‘simple divorce’ or ‘uncontested divorce.’ For many couples, this is the fastest, most cost-effective way to formally end a marriage.

But even a straightforward divorce involves court filings, mandatory waiting periods, and specific legal requirements under the Divorce Act. Understanding the timeline and costs up front helps you plan ahead and avoid unnecessary delays.

At Rohr Law Professional Corporation, our divorce lawyers in Oshawa and across Durham Region guide clients through every step of the uncontested divorce process — from filing to final order — with clarity and efficiency.

What Is a Simple Divorce in Ontario?

A simple divorce — also referred to as an uncontested or joint divorce in Ontario — is a divorce where both spouses agree that the marriage has broken down and have resolved all related issues without the need for a contested court hearing. There are no disputes requiring a judge’s decision.

Under the Divorce Act, the only ground for divorce in Canada is marriage breakdown. This can be established in three ways:

• Living separate and apart for at least one year (by far the most common ground)
• Adultery by one spouse
• Physical or mental cruelty by one spouse

The vast majority of simple divorces in Ontario rely on the one-year separation period, which means the clock starts on the date you and your spouse began living separately. You can actually apply for the divorce before the one year is up — the divorce order will simply not be granted until the full year has passed.

How Long Does a Simple Divorce Take in Ontario?

The honest answer: it depends — but most uncontested divorces in Ontario take between 4 and 6 months from the date of filing to receiving the divorce order. Here is why:

The One-Year Separation Requirement

Before a divorce can be granted, you must have been separated for one year. If you separated 8 months ago, you will need to wait at least 4 more months even after filing all the paperwork correctly.

Court Processing Times in Durham Region

Once all documents are filed at the Superior Court of Justice (the Durham Region Courthouse at 150 Bond Street East, Oshawa), processing times currently range from 6 to 12 weeks depending on court volume. There is no fixed processing time, and delays at the courthouse are common.

After a judge reviews and signs the divorce order, there is an additional 31-day waiting period before the divorce becomes final (the ‘effective date’). After that, you can request a Certificate of Divorce, which is the document you need if you wish to remarry.

What Can Slow Down an Uncontested Divorce?

• Incomplete or incorrectly filed court documents (very common for self-represented applicants)
• Missing financial disclosure or an unsigned separation agreement
• Disputes that arise after filing, converting the matter to a contested divorce
• Court backlogs — Durham Region Superior Court volumes fluctuate throughout the year
• Issues with service of documents on the respondent spouse

Working with an experienced divorce lawyer in Oshawa minimizes the risk of procedural errors that cause avoidable delays.

How Much Does a Simple Divorce Cost in Ontario?

The cost of an uncontested divorce in Ontario has two components: government court filing fees and legal fees if you retain a lawyer.

Ontario Court Filing Fees

The Superior Court of Justice charges filing fees set by the Ontario regulation under the Administration of Justice Act. As of 2025, the application fee for a joint divorce is approximately $632 (split between two applicants), and for a sole application it is approximately $469. These fees are updated periodically — confirm current amounts at the courthouse or on the Ontario Courts website.

Lawyer Fees for a Simple Divorce in Oshawa

Legal fees for an uncontested divorce vary depending on whether a separation agreement needs to be drafted and the complexity of your situation. At Rohr Law Professional Corporation, we offer transparent fee arrangements and will discuss costs clearly at your first consultation.

As a general guide for Ontario, uncontested divorce legal fees typically range from $1,500 to $4,000 for straightforward matters. If a separation agreement covering parenting, support, and property division also needs to be drafted, additional fees will apply.

Compare this to a contested divorce — which can easily cost $15,000 to $50,000 or more in legal fees — and the value of resolving matters cooperatively is clear.

Requirements for a Simple Divorce in Ontario

To qualify for an uncontested divorce in Ontario, you must meet the following requirements:

• At least one spouse must have been ordinarily resident in Ontario for at least one year immediately before filing
• You must have been separated for at least one year (if relying on separation as the ground)
• All child-related issues (parenting time, decision-making, child support) must be addressed and comply with the best interests of the child standard
• Proper financial disclosure must be made by both parties
• All required court forms must be completed and filed correctly

Court forms for Ontario divorce proceedings are available through the Ontario Court Forms online portal. However, completing these forms correctly without legal training is a common source of errors and delays.

Do You Need a Lawyer for a Simple Divorce in Ontario?

You are not required by law to hire a lawyer for an uncontested divorce in Ontario. However, there are strong practical reasons to do so — especially if children or property are involved.

A family lawyer ensures your separation agreement is legally sound and enforceable, your financial disclosure is complete, your court documents are filed correctly the first time, and your rights are protected both now and in the future if circumstances change.

Many clients at Rohr Law come to us after attempting a self-represented divorce and encountering rejected filings, incomplete agreements, or support terms that do not comply with the Federal Child Support Guidelines. Starting with proper legal guidance is almost always less expensive than correcting mistakes after the fact.

Learn more about how we handle divorce matters on our Separation & Divorce Lawyers Oshawa page.

For information about your support rights and obligations, visit our Spousal Support Lawyers Oshawa page.

Ready to speak with a trusted family lawyer in Oshawa?

Contact Rohr Law Professional Corporation today to book your confidential consultation.

Call us at (905) 571-5123 or visit rohrlawfirm.ca/book-a-consultation.