In Ontario, you do not need your spouse’s permission or signature to get a divorce. If you serve them with a Form 8A (Simple Application) and they fail to respond within 30 days, the Superior Court of Justice will simply process your divorce as an uncontested case.
It is a very common fear that a bitter or uncooperative ex-spouse can trap you in a marriage forever by refusing to “sign the papers.” Television and movies often dramatically portray characters withholding their signature to stall a divorce or demand more money. 📝
Fortunately, under Canadian family law, this is completely a myth. Marriage is a partnership, but staying married requires the ongoing consent of both people. If one person wants out, the Ontario courts will grant the divorce, regardless of whether the other person agrees, argues, or completely ignores the paperwork.
This guide will explain how to file a unilateral divorce application, what happens when your spouse ignores the strict court deadlines, and how a judge finalizes an uncontested trial. We will also cover when hiring a local law firm is necessary to ensure your service of documents is legally perfect.
Step-by-Step Process in Ontario
Whether you are filing at the Superior Court of Justice in London, Toronto, or Hamilton, the procedural rules are exactly the same. The court simply requires undeniable proof that your spouse was given a fair, legal chance to participate. 📍
If they choose to throw the papers in the garbage, that is their legal choice, but their silence will not stop your case from moving forward.
Step 1: File a Simple Application (Form 8A)
Once you have been separated for one full year, you can start the process by filing a Form 8A (Application – Divorce) at the courthouse. You will file this as a “Simple” application, meaning you are only asking the judge to sever the legal marriage, not to divide property or award support. ❗
You will pay the initial filing fee, and the court clerk will issue the application with an official court seal. This stamped document officially starts your legal action.
Step 2: Serve the Documents Professionally
You must legally deliver a copy of this issued application to your ex-spouse. Under the Family Law Rules, you absolutely cannot personally hand the documents to them yourself.
You must hire a friend, a family member, or preferably a professional process server to hand the papers to your spouse. The person who serves the documents must then fill out an Affidavit of Service (Form 6B) and swear in front of a notary or lawyer that the physical delivery was successful.
Step 3: Wait the Mandatory 30 Days
Once the papers are properly served within Ontario, the legal clock starts ticking. Your ex-spouse has exactly 30 calendar days to file an Answer (Form 10) with the court if they wish to contest the divorce. 💪
If they refuse to sign anything and simply ignore the paperwork, the 30 days will peacefully expire. You are now officially in an “uncontested” position, meaning the court assumes your spouse agrees with the divorce by default.
Step 4: File the Affidavit for Divorce
After the 30 days have fully passed, you must return to the court (or log into the provincial online portal) to file a Form 36 (Affidavit for Divorce) and your draft Divorce Order.
A judge will review your file behind closed doors. Because your spouse did not file an Answer, there is no formal trial to attend. The judge will simply sign the Divorce Order based entirely on your sworn affidavit and proof of service.
How Much Does it Cost in Ontario?
Dealing with an uncooperative spouse does add a minor expense because you must pay someone to serve the documents, but it is vastly cheaper than fighting a contested trial. 💰
Here is a breakdown of the standard costs required for an uncontested divorce:
| Service / Expense Type | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Initial Court Filing Fee | $224 | The Applicant |
| Professional Process Server | $100 – $300 | The Applicant |
| Final Court Filing Fee | $445 | The Applicant |
| Lawyer Flat Fee (Optional) | $1,000 – $2,500+ | The Applicant |
If your spouse maliciously evades the process server (e.g., hiding inside their house and refusing to answer the door), you may have to pay additional fees to file a “Motion for Substituted Service,” asking the judge for permission to serve them via email or registered mail instead.
How Long Does the Process Take?
The timeline for a unilateral divorce is highly structured. After your mandatory one-year separation period, you must wait the 30-day notice period after serving the Form 8A. ⏱
Once you submit your final Form 36 affidavit, it typically takes the court clerk and the judge 2 to 4 months to review the paperwork and sign the final Divorce Order, depending on how bad the local administrative backlogs are.
After the judge signs the order, you must wait exactly 31 days for the appeal period to pass before you can request your official Certificate of Divorce and legally remarry.
Frequently Asked Questions (FAQ)
What if I don’t know where my spouse lives?
If you have lost complete contact with your ex-spouse, you must prove to the court that you tried to find them (e.g., messaging their family or searching social media). You can then file a motion asking the judge to “dispense with service,” meaning the judge will let you proceed without serving the papers at all.
Can the judge force my ex to pay the court fees?
In a simple, uncontested divorce, the person who files the application (the Applicant) generally absorbs the $669 in court fees (which includes the $659 provincial fee and the $10 federal registry fee). Unless your ex-spouse actively contested the case and acted unreasonably, the judge will rarely order them to reimburse your standard filing fees.
What if my spouse lives outside of Ontario?
You can still serve them the paperwork. Under the Family Law Rules, if your spouse is served anywhere within Canada or the United States, they still have exactly 30 days to file their Answer. If they live overseas (outside Canada and the USA), they are given 60 days to respond before you can proceed to file for the final order.
Do they still have to pay child support if they ignore the divorce?
Yes. Ignoring divorce papers does not erase a parent’s legal obligations. However, a “simple” divorce application only ends the marriage. If you need a legally binding child support order, you must include those claims in your application, which makes it a slightly more complex process.
Should I hire a law firm if my spouse won’t sign?
If your spouse is actively avoiding the process server or threatening to hide assets, hiring a local family law firm is highly recommended. A lawyer knows how to secure substituted service orders and can ensure the court grants your divorce without unnecessary delays.
Leave a Reply