When filing for divorce in Ontario, one of the first decisions you'll need to make is whether to file a joint application or a sole application. This choice can significantly impact your divorce timeline, costs, and overall experience. In this comprehensive guide, we'll explore both options to help you make an informed decision.
What is a Joint Divorce Application?
A joint divorce application is filed when both spouses work together to apply for divorce. Both parties sign the application and agree on all terms, including property division, child custody, and support arrangements. This collaborative approach is typically faster, less expensive, and less stressful than other divorce options.
Benefits of Joint Applications:
- Faster processing time (2-4 months typically)
- Lower court fees ($669 vs $669 for sole)
- No need to serve papers to your spouse
- Less adversarial and stressful process
- Both parties have equal control over the process
Requirements for Joint Applications:
- Both spouses must agree to the divorce
- Agreement on all terms (property, custody, support)
- Both parties must sign the application
- One-year separation period must be completed
- At least one spouse must have lived in Ontario for 12 months before filing
What is a Sole Divorce Application?
A sole divorce application is filed by one spouse without the cooperation of the other. This option is necessary when spouses cannot agree on terms, when one spouse refuses to participate, or when you cannot locate your spouse. While more complex, it's sometimes the only viable option.
When You Might Need a Sole Application:
- Your spouse refuses to cooperate or sign papers
- You cannot locate your spouse
- There are disagreements about property or custody
- Your spouse is unresponsive to divorce discussions
- You want to proceed independently
Sole Application Process:
- File the application with the court
- Serve divorce papers to your spouse (legal requirement)
- Wait for response period (30 days typically)
- Proceed based on whether spouse responds or defaults
- Attend court hearing if required
- Receive divorce order
Cost Comparison
| Cost Factor | Joint Application | Sole Application |
|---|---|---|
| Court Filing Fee | $669 | $669 |
| Service Costs | $0 | $50-$200+ |
| Simple Divorce Ontario Fee | $599 | $799 |
| Total Estimated Cost | $1,268 + HST | $1,468-$1,668 + HST |
Timeline Comparison
- 1File application: Day 1
- 2Court review: 30-60 days
- 3Divorce granted: 60-120 days
Total: 2-4 months typically
- 1File and serve: 1-30 days
- 2Response period: 30 days
- 3Court processing: 60-120 days
Total: 4-6 months typically
Which Option Should You Choose?
The choice between joint and sole applications depends on your specific circumstances. Here's a decision framework to help you choose:
Choose Joint Application If:
- Both spouses agree to divorce
- You've resolved all property and custody issues
- Both parties are willing to cooperate
- You want to minimize costs and time
- You prefer a less adversarial process
Choose Sole Application If:
- Your spouse won't cooperate or respond
- You cannot locate your spouse
- There are unresolved disputes
- Your spouse refuses to sign papers
- You want to proceed independently
How Simple Divorce Ontario Can Help
Regardless of which type of application you choose, Simple Divorce Ontario can guide you through the process. Our experienced team handles both joint and sole applications, ensuring all paperwork is completed correctly and filed promptly.
- • Complete document preparation
- • Court filing and processing
- • Progress tracking and updates
- • Expert guidance throughout
- • Final divorce certificate delivery
Starting at $599 + court fees
- • Document preparation and filing
- • Professional service arrangements
- • Response monitoring
- • Court appearance support if needed
- • Complete case management
Starting at $799 + court fees
Conclusion
Choosing between a joint and sole divorce application is an important decision that affects your timeline, costs, and overall experience. Joint applications are ideal when both spouses can cooperate and agree on terms, offering faster processing and lower costs. Sole applications are necessary when cooperation isn't possible but require more time and expense.
Whatever your situation, Simple Divorce Ontario is here to help you navigate the process efficiently and affordably. Our experienced team can assess your circumstances and recommend the best approach for your specific needs.