Divorce is never easy—but it doesn’t always have to be complicated or adversarial. In Ontario, many couples are able to part ways with dignity and minimal legal friction by pursuing a simple, amicable, or uncontested divorce. Understanding the distinctions between these types of divorce can help you make an informed decision that saves time, reduces stress, and minimizes legal costs.
Below, we break down the key differences between these types of divorce and the legal framework that supports them under Ontario law.
A simple divorce refers to a divorce where one spouse applies to the court alone for a divorce order, and no other claims (like child support, spousal support, or property division) are being made.
Both spouses agree to the divorce.
There are no outstanding issues regarding children or property.
The couple has already settled any financial or custody arrangements privately or through a separate agreement.
The other spouse does not contest the divorce.
Simple divorces are governed by the Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.)), which applies federally across Canada. Under section 8(1) of the Act, a divorce may be granted if there has been a breakdown of the marriage, which can be established by:
Separation for at least one year.
Adultery.
Cruelty.
In most simple divorces, couples apply based on one year of separation.
An amicable divorce is not a legal term, but rather a description of the tone and approach to the divorce process. It typically involves mutual respect and a willingness to cooperate.
Both parties are on speaking terms and wish to end the marriage without conflict.
The couple is willing to negotiate and reach a settlement on issues such as custody, support, and property.
Mediation or collaborative family law may be used to resolve disagreements outside of court.
Although not a formal court classification, amicable divorces are often pursued through:
Separation Agreements, under the Family Law Act (R.S.O. 1990, c. F.3), which can address child custody (section 20), spousal support (section 33), and property division (Part I).
Collaborative Family Law, where both spouses and their lawyers commit to resolving all matters without litigation.
An amicable divorce may still result in either a simple or joint divorce application, depending on how it is filed.
An uncontested divorce occurs when one spouse applies for divorce and the other spouse does not file an answer or dispute the claim within the required time (typically 30 days if served in Canada).
The responding spouse agrees with the divorce and chooses not to participate formally.
The applicant may or may not include claims for support or custody, but these go unchallenged.
The spouses are no longer communicating, but there’s no active disagreement.
Under Rule 36 of the Family Law Rules (O. Reg. 114/99), if no answer is filed, the court may proceed to grant a divorce and any other relief sought by the applicant as an uncontested trial (also known as a motion for judgment).
This is often the path taken when the responding spouse is indifferent or does not wish to delay the process.
Before choosing any of these paths, it’s essential to confirm eligibility:
At least one spouse must have lived in Ontario for at least one year before filing (per section 3(1) of the Divorce Act).
You must have a valid marriage certificate.
There should be no possibility of reconciliation if applying on the basis of a one-year separation.
At Ahmad Law, we specialize in guiding clients through low-conflict divorces with compassion and efficiency. Whether you're filing a simple divorce application, drafting a separation agreement for an amicable divorce, or moving forward with an uncontested process, our experienced family law team is here to support you every step of the way.
📞 Call us today at 647-483-8820 to schedule a confidential consultation and start your next chapter with clarity and peace of mind.
Or reach out via our website to book your appointment online — we’re here when you’re ready.