Joint Divorce in Ontario: Is it a better choice?
Joint Divorce in Ontario is nothing else than a Simple Divorce Application but with both parties acting as Joint Applicants, as opposed to an Applicant and a Respondent. While it sounds nice, it is important to understand the risks, and feel confident about the amiability of the situation before proceeding with a Joint Divorce.
If you and your spouse agree that the relationship has ended and have resolved all your related issues—like parenting and finances—you don't need to sue each other. You can choose a more collaborative route: a Joint Divorce. However, a Simple Divorce Application that proceeds uncontested, also known as an Uncontested Divorce, can be just as amicable and it is often less complicated.
This guide will explain what a joint divorce is in Ontario, how it differs from other types of Divorce Applications, and when it might be the right choice for your new beginning.
What is a Joint Divorce?
In Ontario, a standard divorce usually involves one spouse (the Applicant) filing a claim against the other spouse (the Respondent). Even if it’s friendly, the court process is set up as a lawsuit.
A Joint Divorce changes this dynamic entirely.
In a joint divorce, there is no "Applicant versus Respondent." Instead, both spouses act as Co-Applicants. Both parties must sign the same court documents and file them with the court together at the same time.
It is the ultimate legal expression of an amicable split. It signals to the court right from the start: "We agree on everything, and we just want to legally end our marriage." The biggest concern is when things are not as amicable, or they are amicable, but one party is not as cooperative or active. If there are procedural issues to deal with in a Joint Divorce, you will need both parties active cooperation until the Divorce Order is granted. Many times, this is where a Joint Divorce gets tricky.
Joint vs. Uncontested Divorce: What’s the Difference?
These terms are often used interchangeably, but there is a subtle, important procedural difference in Ontario.
- Uncontested Divorce: Typically, one spouse files the application. The other spouse is served with the papers but chooses not to file a response within the deadline because they agree with what was requested. The divorce proceeds "uncontested."
- Joint Divorce: Both spouses apply together from day one. There is no need to "serve" documents on the other person because you are both participating equally.
While both are faster and cheaper than a contested divorce, a joint divorce can be faster because it skips the mandatory 30-day waiting period that exists for serving documents in a standard uncontested divorce. On the other hand, both parties need to prepare and file their own Affidavit for Divorce. I'm an Uncontested Divorce, only one party deal with the bureaucracy and the other takes a passive role.
Who Qualifies for a Joint Divorce in Ontario?
A joint divorce is not for everyone. To ensure a smooth process, you must meet specific criteria before you file the application.
You are likely a good candidate for a joint divorce if:
- You Are Legally Married: You must have a valid marriage certificate (from Canada or elsewhere).
- Residency Requirement: At least one spouse has lived in Ontario for at least one year immediately before filing.
- Marriage Breakdown: You have established grounds for divorce. The most common and simplest ground for a joint application is having lived separate and apart for at least one year, even if you continued to live at the same address.
THE BIG ONE: You need to be sure that you and your ex are on the same page to avoid a situation in which one side will not cooperate by signing the necessary forms or dealing with the court to overcome procedural problems. For this reason, when used, a Joint Divorce is done after a Separation Agreement is signed or when there are no issues to deal with (no children of the relationship, no expectation of spousal support or property division).
You should have a full resolution on:
- Decision-making responsibility and parenting time for any children.
- Child support amounts (align with the Guidelines or have other circumstances that reassure the court the children are provided for).
- Spousal support (amount and duration, or a waiver).
- Division of all property, assets, debts, and the matrimonial home.
Ideally, these agreements are already finalized in a legally binding Separation Agreement before you file for the joint divorce.
Some Benefits of Filing Together
Choosing a joint divorce can offer advantages for couples who can cooperate:
- Speed: It is generally the fastest way to get divorced in Ontario because you skip the formal service process and the subsequent waiting period of 30 days. If both parties sign the necessary forms in a timely manner, the difference between the Joint Divorce and the Simple Divorce Application that goes uncontested is this 30-day waiting period.
- Lower Cost: You avoid the costs of process servers and reduce legal time spent on procedural formalities. On the other hand, you need to have two Affidavits for Divorce prepared and commissioned.
- Reduced Conflict: The very act of filing together reinforces a cooperative mindset, which is incredibly beneficial for your future, especially if you are co-parents.
Do We Still Need Lawyers for a Joint Divorce?
Many couples assume that if they agree on everything, they can just download the forms and do it themselves. While possible, it is risky.
A "simple" mistake in filling out the court forms—especially sections regarding children or financial disclosure—can cause the court clerk or the judge to reject your application. Or worse, it may confuse the judge reviewing the request, who may request a date to hear from you. This leads to significant delays and frustration.
Furthermore, even if you agree on the issues, you need to ensure your agreement is fair and legally enforceable. If you don't speak with a lawyer, you will not properly understand your rights and may risk not being able to make claims you are entitled to.
How Revive Law helps with Joint Divorces (even though we have a strong preference for a Simple Divorce Application):
- We ensure your underlying Separation Agreement is rock-solid before you file, and that it properly addresses your circumstances and expectations.
- We handle the drafting of the Joint Application (Form 8A) and the necessary Affidavits for Divorce.
- We ensure all procedural rules are followed so your file sails through the court system without being rejected for technical errors.
A joint divorce is a positive step toward a new beginning. Let us handle the paperwork so you can focus on the future.
About Revive Law – Family Law, Collaborative Divorce, and Mediation
We understand that legal challenges such as divorce, parenting arrangements, or marriage contracts (“prenuptial agreements”) are never just "legal matters"—they are profound human experiences filled with stories, emotion and uncertainty. With this understanding, lawyer and mediator Camila Motta founded Revive Law Professional Corporation to provide a better path forward for their clients’ new beginnings.
Revive Law is more than a traditional law office. It is a supportive, structured space designed to help individuals and families navigate delicate transitions with confidence, empowerment, and respect.
We specialize in Family Law, Mediation, and Collaborative Divorce, prioritizing out-of-court solutions that reduce emotional strain, preserve relationships, and promote autonomy. Our approach combines legal competence with empathy and active listening, recognizing that every case involves real people and real stories.
With an international and diverse background, Camila is known by clients for her discretion, steadiness, and human-centered approach. Our work is grounded in three core pillars:
- Trust: Transparent guidance that brings safety.
- Structure: Clarity that supports informed decisions.
- Dialogue: Communication that opens healthier paths forward.
Whether you are navigating a separation, divorce, discussing parental responsibilities, preparing a cohabitation agreement or marriage contract, or seeking preventive guidance through Wills and Powers of Attorney, Revive Law is here to support you. Our purpose is to help you move through change with respect, clarity, and emotional intelligence.
Learn more:
🌐 www.revivelaw.ca
Frequently Asked Questions About Joint Divorce in Ontario
Q1: Do we have to attend court for a joint divorce?
A1: Generally, no. A joint divorce is almost always a "desk divorce." This means you file your paperwork with the court, and a judge reviews the file in their office. Unless the judge has specific concerns regarding the arrangements for your children, you will not need to step foot in a courtroom.
Q2: Can one lawyer represent both of us in a joint divorce since we agree?
A2: Technically, yes, but at Revive Law we will not represent both parties, even in a Joint Divorce Application to avoid serious concerns about conflict of interest between you and your ex. That said, it is OK if one of the parties is self-represented in the divorce application. One lawyer can be retained to draft the joint application documents based on your mutual instructions. Before signing, the other spouse must be given the opportunity to seek Independent Legal Advice (ILA) from their own lawyer to ensure they understand what they are signing.
Q3: How long does a joint divorce take?
A3: Once you have been separated for one year and your joint application is filed correctly, it typically takes 6 months to a year for a judge to review it and grant the divorce order, depending on how busy your local courthouse is. The divorce becomes final 31 days after the order is granted.
Q4: How much does it cost to file a joint divorce?
A4: There are mandatory government court filing fees. Currently in Ontario, this is roughly $632 (split between the initial filing fee and the fee for the final paperwork). Legal fees to draft and file the documents for you are separate from these court fees. Revive Law offers transparent flat-fee pricing for simple divorce packages.
Q5: What if we agree on the divorce but not on the finances?
A5: You should not file a joint divorce application if you have outstanding financial, property, or parenting disputes, and certainly not before talking to a lawyer. Some of your rights and entitlement change after the divorce is granted. Therefore, you should resolve those first. You can use services like Mediation or Collaborative Practice to reach an agreement. Once that agreement is signed, you can then proceed with a joint divorce.
