📄   Choosing Your Divorce Application

Joint Divorce vs.
Simple Divorce
in Ontario: Which Fits You?

Both routes end in the same outcome — a legal divorce — but they are built differently on paper. A joint application needs two signatures and no service. A simple application needs only one spouse to start it, but adds a formal service step. Here is what actually changes between them, and how to pick the right one.

⚖️By Ryan Manilla, JD — Founder & Managing Lawyer
📅Updated November 2026
⏱️11 min read
📍Ontario Law
Ryan Manilla, Founder & Managing Lawyer
Ryan Manilla, BA, JD
Founder & Managing Lawyer · Barrister, Solicitor & Notary Public. Osgoode Hall & Harvard Law. Called to the Ontario Bar in 2008.
✓ Lawyer Reviewed
Quick Answer

A joint divorce application is filed by both spouses together as co-applicants, so no formal service on a respondent is required. A simple (sole) application is filed by one spouse, who must then formally serve the other and wait out a response period. Both use the same court form and require the same one-year separation. Joint applications are generally the faster, lower-friction route where both spouses agree to divorce; simple applications remain available — and necessary — when a spouse is unreachable, uncooperative, or unwilling to sign anything jointly.

📋 Key Takeaways
  • A joint application is filed by both spouses together — there is no "respondent" and no formal service requirement.
  • A simple application is filed by one spouse alone, who must then formally serve the other spouse and allow a response period before proceeding.
  • Both routes use the same court form (Form 8A) and require the same underlying ground — usually one year of separation.
  • Joint applications are generally faster and less expensive because they skip the service step and the process server fee that comes with it.
  • Choosing "simple" does not guarantee an uncontested result — a spouse who is served can still respond and contest the divorce or related issues.
  • Realistic timelines vary by courthouse backlog and whether the file is genuinely uncontested; treat any single-number estimate with caution and confirm current processing times with your court office.

The Core Difference: Who Signs, and Who Gets Served

In Ontario, every divorce — whether contested or not — starts with the same underlying form. What changes between a "joint" and a "simple" application is who is filing and, as a direct result, whether formal service is required.

A joint application is filed by both spouses together, as co-applicants. Because both spouses have already signed the document agreeing to the divorce, there is no respondent to serve — the court simply processes the application both of you already put your names to.

A simple application (sometimes called a sole application) is filed by one spouse alone. That spouse becomes the applicant, the other becomes the respondent, and the applicant must then formally serve the respondent with the court documents and allow time for a response before the matter can move forward.

How a Joint Application Works

Both spouses review and sign the same application. Because there is no respondent being served, there is no waiting period for a response, and no process server fee. This is generally the path couples choose when they agree the marriage is over and are willing to cooperate on the paperwork — even if they haven’t resolved every other issue between them.

💡 Pro Tip

A joint application only needs you to agree on getting divorced — it does not require a finished separation agreement covering property, support, and parenting. That said, if you have reached agreement on those issues, including a signed separation agreement with your joint application lets the court incorporate those terms into the final order, resolving everything in one proceeding.

How a Simple Application Works

The applicant files alone, then must have the respondent formally served — typically through a process server, who delivers the documents and swears an affidavit of service confirming it happened. The respondent then has a set period to file a response if they intend to contest anything (the divorce itself, or related issues like support or property).

ℹ️ "Simple" Doesn’t Mean the Other Spouse Agrees

The name is a bit misleading — a simple application can absolutely remain uncontested if the served spouse doesn’t object to anything. It’s the filing structure that’s "simple" (one applicant, standard service), not necessarily the level of agreement between the spouses. A simple application can also turn contested if the respondent disputes something, just as a joint application requires both spouses’ continued cooperation to stay on track.

Side-by-Side Comparison

FactorJoint ApplicationSimple Application
Who filesBoth spouses togetherOne spouse (the applicant)
Formal service requiredNoYes
Process server costNoneTypically applies
Response/waiting periodNot applicableRequired after service
Can still be contestedOnly if a spouse later changes positionYes — respondent may dispute
Requires spouse’s cooperation to startYesNo
Best suited forCooperative, amicable separationsUnresponsive, unreachable, or unwilling spouses

Realistic Timelines

Timeline estimates for Ontario divorces vary across sources, and courthouse backlogs change over time — so treat any single confident number with some caution. What is consistent across sources is the relative comparison: joint applications tend to move faster because they skip the service and response-waiting steps that a simple application requires, and uncontested matters of either type move faster than contested ones.

⚠️ The One-Year Separation Period Is the Floor

Whichever application type you choose, the court generally will not finalize your divorce until one full year of separation has passed (absent fault-based grounds like adultery or cruelty). Filing early — based on your intention to complete the year — does not shorten that floor; it simply lets your paperwork be in process when the year is up.

For a full breakdown of how uncontested and contested timelines typically unfold stage by stage, see our guide to how long a divorce takes in Ontario.

Which One Should You File?

Choose a joint application if your spouse is willing to sign the same document you are, and you’re both committed to seeing the divorce through without needing formal service. Choose a simple application if your spouse is unreachable, unresponsive, uncooperative, or you simply prefer to control the filing yourself rather than coordinating signatures.

📌 Practical Example

A couple separates on good terms, agrees on dividing their property themselves, and both want the divorce finalized as cleanly as possible. They file a joint application together once their one-year separation period is within reach — no process server, no response deadline to track. Down the street, a spouse whose partner has moved out of province and stopped responding to calls instead files a simple application alone, arranges service through a process server in the other province, and waits out the response period before the matter can proceed.

📞 Free Consultation

Not sure which application fits your situation? Our Toronto family lawyers can tell you quickly and help you file it correctly. Call 416-274-2222 for a free 30-minute consultation.


Frequently Asked Questions

What is the main difference between a joint and a simple divorce in Ontario?

A joint application is filed by both spouses together as co-applicants, which means no one needs to be formally served — both have already signed on. A simple application is filed by one spouse, who must then arrange to have the other spouse formally served with the paperwork and allow time for a response.

Is a joint divorce always faster than a simple divorce?

It is generally faster because it skips the service step and the response window that follows it, but the actual difference depends heavily on courthouse backlog, how complete the paperwork is, and whether any issues are disputed. Treat "joint is faster" as a general rule, not a guarantee of a specific number of weeks or months.

Can a simple divorce still be uncontested?

Yes. "Simple" refers to who files, not whether the other spouse agrees. If the served spouse does not dispute anything and does not file a response (or files one indicating no objection), the matter proceeds as an uncontested simple divorce — just with the added service step a joint application avoids.

Does a joint application require us to agree on everything, including property and support?

No — a joint application only requires both spouses to agree to the divorce itself. You can file jointly even without a full separation agreement in place, though resolving property, support, and parenting issues by agreement beforehand (and including that agreement with your application) is common and generally smooths the process.

What if my spouse won’t sign a joint application?

Then a simple application is your route — you file alone and have your spouse formally served. Many separations start as a simple application for exactly this reason, even where the spouses are not in conflict, simply because one spouse is unavailable, unresponsive, or unwilling to engage with paperwork.

Do both types of application require the same one-year separation period?

Yes, for the vast majority of Ontario divorces relying on the separation ground. Both joint and simple applications can be filed before the year is complete, based on the intention to complete it, but the divorce cannot be finalized until the full year has passed (unless the divorce is based on adultery or cruelty instead).

Can we switch from a simple application to a joint one partway through?

In some cases, yes — if your spouse becomes cooperative after being served, the matter can often be resolved consensually even if it started as a simple application, though the formal switch to a jointly-signed document depends on timing and court procedure. Ask your lawyer or the court office about your specific file.


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