When considering divorce in Ontario, one of the first decisions you'll need to make is whether to pursue a joint divorce or a sole (uncontested) divorce. Both options are available for simple divorces, but understanding the differences can help you choose the best path for your situation.

What is a Joint Divorce?

A joint divorce application means both spouses file for divorce together. You both sign the same application and supporting documents, presenting a united front to the court. This approach demonstrates that you both agree to the divorce and its terms.

Benefits of Joint Divorce:

• Shows clear mutual agreement to the court
• Often processed faster since there's no waiting period for a response
• Both parties are equally involved in the process
• Can be more emotionally satisfying as it represents cooperation

What is a Sole/Uncontested Divorce?

In a sole divorce, only one spouse files the application. The other spouse is served with the divorce papers and has 30 days (or 60 days if served outside Canada/USA) to respond. If they don't contest the divorce or make any claims, it proceeds as "uncontested."

Benefits of Sole Divorce:

• Only one spouse needs to be actively involved in the paperwork
• Useful when one spouse is difficult to reach or coordinate with
• The filing spouse has more control over timing and process
• Still results in the same outcome if uncontested

Which Option Should You Choose?

The choice between joint and sole divorce often comes down to practical considerations rather than legal ones, since both result in the same outcome for simple divorces.

Choose Joint Divorce If:

• Both spouses are willing and able to participate actively
• You want to demonstrate mutual agreement to the court
• Both parties are easily reachable and cooperative
• You prefer to share the responsibility of the divorce process

Choose Sole Divorce If:

• One spouse lives far away or is difficult to coordinate with
• One spouse prefers to handle all the paperwork
• There are scheduling or communication challenges
• You want more control over the timing of the process

Important Similarities

Regardless of which option you choose, both joint and sole/uncontested divorces share these characteristics:

• Same cost and timeline
• Same legal requirements and documentation
• Both result in a final divorce order
• Both can be completed entirely virtually
• Neither requires court appearances

Getting Professional Help

Whether you choose joint or sole divorce, having professional assistance ensures your paperwork is completed correctly and filed properly. At Simple Ontario Divorce, we handle both types of applications and can help you determine which approach works best for your specific situation.

Our experienced team will guide you through the entire process, from initial consultation to final divorce decree, ensuring everything is handled efficiently and correctly.