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When you’ve made the difficult decision to divorce, one of the first legal steps is deciding which type of divorce application to file in Ontario. This can have a significant impact on the time, cost, and complexity of your case. In Ontario, there are two main types of divorce applications: joint divorce and simple (or sole) divorce. Understanding the difference between them can help you make informed decisions and avoid unnecessary complications.
1. Joint Divorce: For Couples Who Agree to Divorce
A joint divorce is when both spouses agree that the marriage has broken down and they want to end it amicably. Both parties sign the divorce application together and cooperate throughout the process. This type of divorce is often the fastest and most cost-effective route, provided that there are no contested issues such as property division, parenting time, or support.
Who Should Consider a Joint Divorce?
If you and your spouse are on the same page about ending the marriage and there are no disputes about children, finances, or property, a joint divorce is a practical option. This cooperative approach often results in less emotional and financial stress.
2. Simple Divorce: When One Spouse Files Alone
A simple divorce, sometimes called a contested divorce, is used when only one spouse files for divorce, and the other is not involved in the application process. This can be the right choice when communication has broken down or the other spouse does not want to participate—but also does not intend to oppose the divorce.
Who Should Consider a Simple Divorce?
If your spouse is uncooperative, unreachable, or simply not willing to participate jointly, a simple divorce may be necessary. It’s also a common option when one party is ready to move forward, even if the other is not.
Jessica Luong is the founder and principal lawyer of J. Luong Law, a boutique family law firm with offices in Toronto and Windsor, Ontario. With experience in both courtroom advocacy and out-of-court negotiation, she offers a comprehensive approach to resolving complex family law matters. Jessica is recognized for her skill in combining strong advocacy with a client-centered approach, ensuring that her clients’ needs and best interests are always at the forefront. She can be reached by phone at (226) 256-9988 or by email at Jessica@jluonglaw.com
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