Simple Divorce

Going through a divorce is not an easy process, but if you and your spouse agree on the division of assets, spousal support terms, and child care responsibilities, if any, you may consider a Simple Divorce. 

Since there’s no divorce trial, neither your nor your spouse have to go to court and most of the paperwork is handled by our experienced family lawyers at Sterling Law. According to the Divorce Act, people who married outside of Canada or any other Canadian province can get divorced in Ontario if they’ve lived here for a minimum of twelve months. 


Grounds for simple divorce in Ontario 

In Ontario, there are three key grounds for a simple divorce. First, you and your spouse must have been living apart for at least one year. You may live separately under the same roof, provided that you both lead separate lives and can prove it. This signifies that the marriage has ended, and there is no reasonable prospect of reconciliation.


Adultery is the second ground for divorce. If your spouse cheated on you, you have a right to file for a divorce, based on adultery. Lastly, any kind of mental or physical cruelty that makes continued cohabitation intolerable is a ground for divorce.

Sole vs Joint Divorce

Sole Divorce

In a sole divorce, one spouse initiates the divorce process without the active involvement of the other. The spouse who files for the divorce, known as the Applicant, is solely responsible for managing the paperwork and legal proceedings, while the other spouse, referred to as the Respondent, receives the divorce documents but does not need to file any paperwork if they agree with the information in the divorce application. 


If the spouse who is served with the Divorce Application doesn’t respond within thirty days disputing the divorce, or related family law issues, Ontario courts will grant the divorce automatically. 


Joint Divorce

In a joint divorce, both spouses mutually agree to end their marriage and jointly apply for a divorce. They work together to complete and submit the necessary legal documents as both are treated as equal applicants. 


Joint divorce is a collaborative approach and leads to a smoother and more amicable process. It does run the risk that if either spouse changes their mind about a relevant family issue before the divorce is over, they may have to withdraw from the divorce and start over with a sole divorce. 


Sterling Law is here to support you through this major life transition. Please reach out to us to book a free 15 minute consultation to talk to our experienced family lawyers in Brampton.

FAQ

  • Can I still get a simple divorce if my spouse and I haven’t agreed on child custody or support?

    Yes, you can still file for a simple divorce in Ontario, but you were expected to resolve all issues before your divorce is finalized. You can do either through court, mediation, or negotiation. A judge will not grant a divorce if child support arrangements do not comply with the Federal Child Support Guidelines.

  • What if my spouse lives outside Ontario or refuses to sign the divorce papers?

    If this is your situation, you are still eligible for a simple divorce. Divorce in Ontario does not require your spouse’s consent; it requires proper legal notice. We serve the divorce application to your spouse wherever they reside. If they ignore it, you can proceed with an uncontested divorce after 30 days. Expect complications only if you cannot locate your spouse, but we can request a court order for alternative service, like email or social media.

  • Can we still apply for a simple divorce if we’ve lived under the same roof in the last year?

    Yes, you can still apply if you lived under the same roof during separation, but you must prove you lived “separately” within the home. Financial limitations or children can make physical separation not possible. You must show that you no longer shared meals, social activities, or a bedroom, and you divided household responsibilities like roommates. Affidavits from friends or family can support your claim.

  • What documents do I need to bring or prepare before we start the simple divorce application?

    You need your original marriage certificate (or a certified copy). If it’s from another country, we may need a translated version. Proof of separation, like a signed agreement or utility bills showing separate finances, helps. You need your spouse’s full legal name, current address, and any details on existing court orders or agreements about support or custody.


    After you’ve contacted us, start gathering financial documents like pay stubs or tax returns to speed up the steps later. Our family lawyers are here to help you, please reach out to book a consultation.