# Uncontested (Simple) vs Contested Divorce: What's the Difference? If you're starting to think about divorce in Ontario, one of the first things you'll hear is whether your situation is "uncontested" or "contested." These terms get thrown around a lot, but what do they actually mean for you, your timeline, and your budget? Understanding the difference matters because it affects everything from how much your divorce will cost to how long it will take to whether you'll need to set foot in a courtroom. The good news is that most divorces in Canada are uncontested, and even situations that start with disagreements can often be resolved without a full court battle. This article breaks down the key differences between uncontested and contested divorce, what each process looks like in Ontario, and how to figure out which path your situation might take. ## What Is an Uncontested Divorce? An uncontested divorce, sometimes called a "simple divorce," happens when both spouses agree on the divorce itself and on all the issues that need to be resolved. This includes matters like [decision-making responsibility and parenting time](/blog/custody-vs-access-decision-making-parenting-time), [child support](/blog/child-support-ontario-how-calculator-works), spousal support, and [property division](/blog/dividing-property-ontario-separation-divorce). The key word here is "agree." It doesn't mean you're happy about everything or that negotiations were easy. It just means that by the time you file your divorce paperwork, you and your spouse have worked out the arrangements and neither of you is asking the court to decide contested issues for you. In an uncontested divorce, you can often proceed with what's called a "desk divorce" or "divorce on affidavit." This means the judge reviews your paperwork and grants the divorce without requiring either of you to appear in court. You may use a joint application, where both spouses file together, or one spouse may file and the other simply doesn't oppose it. Most people who pursue an uncontested divorce have already sorted out their arrangements through a [separation agreement](/blog/separation-agreement-ontario-what-to-include). This legally binding document sets out how you'll handle parenting, support, and property, so there's nothing left for the court to decide except the divorce itself. In Ontario, a "simple divorce" usually refers to a divorce-only application where you're not asking the court to decide parenting, support, or property issues. If someone files an Answer or asks the court for additional orders, the process becomes more complex and the simple divorce steps no longer apply. ## What Is a Contested Divorce? A contested divorce happens when you and your spouse cannot agree on one or more issues and you need the court to make decisions for you. The disagreement might be about the divorce itself (one spouse doesn't want to get divorced) or, more commonly, about the terms of the divorce (parenting arrangements, support amounts, who gets the house, and so on). Contested doesn't necessarily mean high-conflict, though it can be. Sometimes reasonable people simply see things differently and need a third party to make a decision. Other times, contested divorces involve significant disputes, power imbalances, or situations where one person is being unreasonable or controlling. In a contested divorce, you'll typically go through multiple court appearances, including case conferences, settlement conferences, and potentially a trial. Each side presents their position, and ultimately a judge decides the issues you couldn't resolve on your own. It's worth noting that many divorces start contested but become uncontested along the way. Through negotiation, [mediation](/blog/how-to-choose-a-divorce-mediator-in-ontario), or collaborative divorce, couples often reach agreements before trial. Courts actively encourage settlement, and most cases do settle before anyone testifies in front of a judge. Statistics Canada found that divorce cases without additional issues were uncontested 88% of the time, while divorce cases with additional issues were roughly evenly split between uncontested and contested. ## How Long Does Each Process Take? The timeline difference between uncontested and contested divorce can be significant. For an uncontested divorce where you've already been separated for a year and have a [separation agreement](/blog/separation-agreement-ontario-what-to-include) in place, the process from filing to receiving your divorce order typically takes four to six months, though this varies by region and court backlog. After filing, there are built-in processing steps, including a federal clearance check that can take four to six weeks. In a sole application, the other spouse typically has 30 days to respond (or 60 days if outside Canada or the US). After the judge signs the Divorce Order, the divorce usually becomes final 31 days later. You can then request a Certificate of Divorce if needed, for example to remarry. A contested divorce is harder to predict. Simple contested matters might resolve in six to twelve months, while complex cases involving multiple issues, extensive property, or high-conflict parenting disputes can take two to four years or even longer. Court backlogs, scheduling delays, and the need for expert reports (like property valuations or custody assessments) all add time. Remember that the [one-year separation period](/glossary#letter-s) required for most divorces in Canada runs regardless of whether your divorce is contested or uncontested. You can file your divorce application before the year is up, but the divorce itself won't be granted until that requirement is met (unless you're proceeding on grounds of adultery or cruelty, which have their own complexities). ## How Much Does Each Process Cost? Cost is often one of the biggest factors in how people approach divorce, and the difference between uncontested and contested is substantial. An uncontested divorce where both parties handle their own paperwork involves court filing fees of $669 in Ontario (paid in two parts: $224 up front and $445 later), plus $25 if you request a Certificate of Divorce. If you [use a lawyer for a simple divorce](/blog/do-we-need-lawyer-to-get-divorced-canada), you might pay anywhere from roughly $1,000 to $3,000 for the full service, depending on the lawyer and your location. Contested divorces are significantly more expensive. Survey data suggests average costs around $13,000 for contested cases, but this varies enormously. Straightforward contested matters might cost $10,000 to $30,000 per spouse in legal fees, while complex cases involving trials can run much higher. These are rough ranges, not guarantees, and costs vary widely depending on the issues involved, how efficiently the case proceeds, and what part of Ontario you're in. Some published survey averages are much lower than high-conflict litigation scenarios. If cost is a concern, which it is for most people, exploring options like [mediation](/blog/how-to-choose-a-divorce-mediator-in-ontario), [unbundled legal services](/blog/unbundled-limited-scope-family-lawyers-ontario), or [free and low-cost resources](/blog/free-low-cost-family-law-help-ontario) can help keep expenses manageable. Even in contested situations, settling before trial saves money compared to going the full distance. ## Factors That Determine Your Path Several factors influence whether your divorce will be uncontested or contested. **Agreement on the divorce itself.** If one spouse doesn't want to get divorced, that creates a contested situation, at least initially. However, courts will grant a divorce after one year of separation regardless of whether the other spouse agrees. **Children and parenting arrangements.** Disputes about [decision-making responsibility](/glossary#letter-d) and parenting time are among the most common reasons divorces become contested. When parents can't agree on schedules, schooling decisions, or where children will live, courts step in to decide based on the [best interests of the child](/glossary#letter-b). It's worth noting that if you have children of the marriage, the court must be satisfied that reasonable child support arrangements have been made before granting a divorce. **Financial matters.** Disagreements over child support calculations, spousal support amounts or duration, or how to divide property and debt can all lead to contested proceedings. The more complex your financial situation, the more room there is for disagreement. **Communication and willingness to negotiate.** Some couples can work through disagreements directly or with the help of a mediator. Others are unable or unwilling to compromise, which makes contested proceedings more likely. **Power imbalances or family violence.** If there has been [family violence](/blog/how-to-safely-start-separation-abusive-relationship-canada) or a significant power imbalance in the relationship, mediation may not be appropriate, and a more formal court process might be necessary to ensure fairness and safety. ## Can You Start Uncontested and Become Contested (or Vice Versa)? Yes, and this happens more often than you might think. Some couples file jointly for an uncontested divorce but hit a snag when an unexpected issue arises, like one spouse discovering hidden assets or changing their mind about a parenting arrangement. What started as simple can become contested. More commonly, though, things move in the other direction. Couples who initially can't agree often find common ground through case conferences, settlement conferences, or private negotiation. Courts are designed to encourage settlement, and most contested cases resolve before trial. Your divorce might start contested and end uncontested once you've worked through the issues. The process is flexible. You don't have to commit to one path from the beginning and stick with it no matter what. You can explore mediation even after filing contested proceedings. You can settle a contested case the day before trial. The goal is always to find a resolution that works for your family. ## When Might You Need a Lawyer? Whether you need a lawyer depends on your specific situation, not just whether your divorce is contested or uncontested. For a straightforward uncontested divorce with no children, minimal assets, and both parties in agreement, some people successfully handle the paperwork themselves. Court staff can't give legal advice, but they can help you understand which [forms you need](/blog/divorce-papers-ontario-forms-you-need) and whether they're filled out correctly. Even in uncontested situations, consulting with a lawyer makes sense if you have children, significant assets or debts, a pension to divide, or any complexity at all. A lawyer can help you understand your rights, review your separation agreement, and make sure you're not unknowingly giving up something important. [Unbundled legal services](/blog/unbundled-limited-scope-family-lawyers-ontario), where a lawyer helps with specific tasks rather than handling your entire case, can make legal help more affordable. For contested divorces, legal representation is strongly recommended. The [family law rules](/blog/family-law-rules-ontario-plain-language-guide) are complex, court procedures have strict requirements, and the decisions made will affect you and your children for years. While you have the right to represent yourself, doing so in a contested matter is challenging and stressful. If cost is a barrier, explore [Legal Aid Ontario](/blog/free-low-cost-family-law-help-ontario), duty counsel at the courthouse, or community legal clinics. Some lawyers offer payment plans or sliding-scale fees. A [divorce coach](/blog/do-i-need-a-divorce-coach) can also help you stay organized and make the most of limited lawyer time. ## Key Takeaways **Uncontested means agreement.** In an uncontested divorce, both spouses agree on the divorce itself and all related issues like parenting, support, and property division. **Contested means the court decides.** In a contested divorce, you and your spouse can't agree on one or more issues, so you need a judge to make decisions for you. **Many divorce-only cases are uncontested.** Statistics Canada found divorce cases without additional issues were uncontested 88% of the time. Cases with additional issues like parenting or support are more evenly split. **Uncontested is faster and cheaper.** Simple uncontested divorces typically take four to six months and cost a fraction of what contested cases cost. Court fees in Ontario are $669 plus $25 for a Certificate of Divorce. **Contested divorces vary widely.** Timeline and cost depend on the complexity of your issues, how far apart you are, and whether you can eventually reach settlement. **Many contested cases settle.** Even if you start out disagreeing, negotiation, mediation, and court-encouraged settlement often lead to resolution before trial. **Your path can change.** Starting contested doesn't mean staying contested. Most cases find middle ground along the way. **Legal help matters.** Even in uncontested divorces, getting legal advice helps protect your interests. In contested matters, representation is strongly recommended. **Explore all your options.** Mediation, collaborative divorce, unbundled services, and free resources can help you move toward resolution without breaking the bank. ### Disclaimer This article provides general information about uncontested and contested divorce in Ontario and Canada. It is not legal advice. Your situation may have unique factors that affect which process applies and what steps you should take. For advice about your specific circumstances, speak to a family law lawyer.