FAQ:
Get Clear Answers on Your Uncontested Divorce

An uncontested divorce is suitable when both spouses agree on all major issues related to their separation. This includes the division of property, any spousal support arrangements, and all matters concerning children (like decision-making, parenting time, and child support). It’s generally faster, less expensive, and less stressful than a contested divorce where disagreements require court intervention.

There are two main ways to file an uncontested divorce:

• Joint Divorce: Both spouses sign and file the divorce application together, signalling mutual agreement from the start. Spouses don’t need to sign at the exact same time or place.
• Sole Divorce: One spouse initiates the process by signing and filing the application. These documents must then be formally delivered (“served”) to the other spouse. (In Ontario, this is sometimes called a “simple divorce,” although a joint divorce is often simpler in practice).

Important Note on International Service: Due to the complexities of international legal treaties (like the Hague Convention), we cannot assist with divorces where documents need to be served on a spouse residing outside of Canada (see Question 7 for details on joint filings).

Our service is specifically designed for uncontested divorces, meaning full agreement on all major issues is essential. If there are unresolved disagreements (e.g., about property division, support amounts, or parenting arrangements), our service would not be suitable. In such cases, you might consider mediation to help reach an agreement, or consult with family lawyers to navigate the contested divorce process.

Yes, absolutely. We assist many couples with children in obtaining an uncontested divorce. However, there are specific requirements under Canada’s Divorce Act:

• Agreement on Arrangements: You must agree on parenting arrangements, including decision-making responsibilities and parenting time schedules. While a formal written parenting plan isn’t mandatory for the divorce itself, having one is recommended.
• Child Support: You must have arrangements for child support that comply with the Federal Child Support Guidelines. This is crucial.
  • Judge’s Role: A judge cannot grant a divorce involving children unless satisfied that reasonable arrangements for their support are in place, adhering to the Guidelines. Child support is considered the right of the child and generally cannot be waived by parents, even by agreement or due to unemployment. Judges can request proof of income and may assign an income level (“impute income”) for calculation purposes if necessary. (See Guarantee limitations in Q16 regarding child support deviations and low income).
  • Resources: We recommend using the official Government of Canada Child Support Calculator (https://www.justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.aspx) to determine the guideline amount. We can also provide you with the government’s Step-by-Step Guide for calculating support in different parenting situations (such as split or shared parenting time).

Yes. In Canada, the primary ground for divorce is marital breakdown, proven by being separated for at least one full year immediately before the divorce is granted.

• Defining Separation: Separation occurs when you and your spouse begin living “separate and apart” with the intention of ending the marriage. This can happen even if you continue living under the same roof for a period, provided you are no longer functioning as a married couple. (See Guarantee limitations in Q16 if spouses still reside together).
• Timing: You can start the divorce process (i.e., prepare and file documents) before the one-year separation period is complete, but the divorce cannot be finalized by the court until the full year has passed.
• Other Grounds (Rare): Adultery or cruelty are other grounds, but proving them is complex and generally not pursued in uncontested situations. Consult a lawyer if considering these grounds.

Yes. In Canada, the primary ground for divorce is marital breakdown, proven by being separated for at least one full year immediately before the divorce is granted.

• Defining Separation: Separation occurs when you and your spouse begin living “separate and apart” with the intention of ending the marriage. This can happen even if you continue living under the same roof for a period, provided you are no longer functioning as a married couple. (See Guarantee limitations in Q16 if spouses still reside together).
• Timing: You can start the divorce process (i.e., prepare and file documents) before the one-year separation period is complete, but the divorce cannot be finalized by the court until the full year has passed.
• Other Grounds (Rare): Adultery or cruelty are other grounds, but proving them is complex and generally not pursued in uncontested situations. Consult a lawyer if considering these grounds.

Our uncontested divorce service is available to residents in the following Canadian provinces and territory:

• Alberta
• British Columbia
• Manitoba
• New Brunswick
• Newfoundland & Labrador
• Nova Scotia
• Ontario
• Saskatchewan
• Yukon

If you reside outside these areas, we unfortunately cannot assist you at this time.

• Different Province: If your spouse lives in a different Canadian province than you, you can generally still proceed with an uncontested divorce using our service. The specific province where you file is usually determined by residency rules (typically where one or both spouses have lived for the preceding year). We can help determine the correct jurisdiction and prepare the appropriate provincial documents.
• Outside Canada:
  • Joint Divorce: If you are filing a Joint Divorce (where both spouses sign the application cooperatively), we can generally assist even if one spouse resides outside Canada. Your spouse abroad will need to sign the necessary documents. Our ability to facilitate electronic signing and filing through our Platinum Package (in British Columbia, Alberta, and Ontario) can make this process much smoother.
  • Sole Divorce (Requiring Service Abroad): If you are filing a Sole Divorce that requires formally serving documents on a spouse residing outside of Canada, we unfortunately cannot assist. Serving divorce documents internationally involves complex legal treaties (like the Hague Convention) that fall outside the scope of our uncontested divorce service. You would need to consult with a family lawyer experienced in international divorce matters in that situation.

Yes, we are a proudly Canadian company serving clients across the provinces and territory listed above. Choosing UntieTheKnot.ca offers several advantages:

• Expertise & Experience: We specialize exclusively in Canadian uncontested divorces and have assisted over 27,000 Canadians since 2002.
• Affordability: We provide a cost-effective alternative to hiring lawyers for agreed-upon divorces (see our pricing: https://untietheknot.ca/pricing/).
• Accuracy & Efficiency: We meticulously prepare court documents tailored to your situation and province, minimizing errors that could cause delays.
• Convenience & Stress Reduction: We handle paperwork and guide you, aiming for a smooth process, without court appearances.
• Canadian Focus: We operate solely within the Canadian legal system.

We offer an ideal solution balancing cost, expertise, and support:

• vs. Do-it-Yourself (DIY) Kits: Kits provide generic forms, leaving you to navigate complex rules and risk errors/delays. Our service customizes everything, prepares documents accurately, and provides clear guidance (or full filing service with our Platinum package).
• vs. Hiring Lawyers: Essential for contested cases but expensive for simple, agreed divorces. We offer streamlined, clearly priced packages focused on efficient documentation for agreed separations.
• Our Advantage: UntieTheKnot.ca combines affordability with specialized expertise (since 2002). You get accurate documents and process guidance without the high cost of full legal representation.

We understand trust is paramount. Here’s why you can be confident:

• Proven Track Record: Successfully helped over 27,000 Canadians since 2002.
• BBB Accredited: Proud members of the Better Business Bureau (BBB) with an A+ rating. View our profile here: https://www.bbb.org/ca/bc/nelson/profile/divorce-assistance/untie-the-knot-divorce-service-0037-1195969
• Specialization: We focus exclusively on uncontested divorces in the Canadian provinces/territory we serve.
• Secure Processes: We prioritize the security and confidentiality of your information (see Q11).
• Transparency: We are upfront about our service scope, fees, and policies.

Yes, protecting your data is a top priority:

• Encryption: Industry-standard SSL encryption for data transmission and storage.
• Secure Infrastructure: Systems hosted on secure servers with robust safeguards.
• Privacy Compliance: Strict adherence to Canadian privacy legislation (like PIPEDA).
• Secure Payments:We process payments securely through trusted third-party providers, including Stripe and PayPal.
• Limited Information Sharing: Only shared as legally required for divorce processing (courts, etc.). We never sell your data.
• Confidentiality: All client information is treated with the utmost confidentiality.

We offer affordable, transparent pricing. Costs vary slightly based on your province and the service level you choose (Documents Only vs. Platinum Documents + Filing). Please view our detailed pricing information here: https://untietheknot.ca/pricing/

We offer different service levels to meet your needs (see our Pricing page for full details):

• Documents Only Package:
  • We gather necessary information from you.
  • We expertly prepare all required court forms specific to your province and situation.
  • We provide clear instructions on how to sign, witness, and file the documents yourself with the court.
• Platinum Package (Documents + Filing):
  • Includes everything in the Documents Only package, PLUS:
  • We handle the court filing on your behalf.
  • Electronic Filing: Where available (currently British Columbia, Alberta, and Ontario), we utilize our accounts for efficient electronic filing. This often allows documents to be signed and exchanged electronically, potentially speeding up the process.
  • We manage communication with the court registry regarding the filing status.

Both service levels include: Access to resources like a Separation Agreement template and Child Support Guideline information, and ongoing procedural support (excluding legal advice). Neither service level includes: Legal advice, negotiation/mediation, drafting/reviewing Separation Agreements (beyond providing the template), or court representation.

No. We are not a law firm and cannot provide legal advice. Our expertise is in accurate document preparation and guiding you through the uncontested filing process based on your agreement. For advice on legal rights, obligations, or unresolved disagreements, consult an independent family lawyer.

In the vast majority of uncontested cases processed correctly, no court appearance is required. A judge typically reviews the filed documents, and if everything is in order (correct forms, reasonable child support), grants the divorce based on the paperwork. Our service focuses on ensuring that accuracy. An appearance could theoretically be required only if the case becomes contested or in very rare instances where a judge has specific questions.

We guarantee prompt document preparation and stand by the accuracy of our work based on the information you provide.

• Service Guarantee: We guarantee that your documents will be completed and forwarded to you promptly, usually within two (2) weeks after we receive your completed Questionnaire, provided any additional required information/documentation is received and payments are complete. Please see our full guarantee details here: https://untietheknot.ca/guarantee/
• Timeline Note: While we work quickly, court processing times are beyond our control (see Q17).
• Limitations (No Guarantee/Refund If): We cannot guarantee a divorce will be granted, nor provide a refund, if circumstances exist such as: marriage duration under 6 months; spouses still residing together; child support deviates significantly from Guidelines; reported income is none/very low (<$20k/yr) with children involved; or there’s an unreported duplicate divorce proceeding. Please see the full list on our guarantee page.
• Cancellations: Your application can only be canceled for a full refund if your request is received before we have begun preparing your documents. If document preparation has started but no documents have been filed with the court, clients who purchased the Platinum (filing included) service may be eligible for a partial refund. In this scenario, we can issue a refund for the difference between our Platinum and Gold (documents only) service fees. We will also refund any prepaid fees for obtaining divorce certificates, if applicable. Please contact us as soon as possible if you need to discuss cancellation.

There are two parts to the timeline:

1. Our Document Preparation: Typically completed within approx. one business week after receiving all your information.
2. Court Processing Time: This part is outside our direct control and varies significantly by province and even by specific courthouse caseloads. After documents are filed, it generally takes approximately 3-4 months for the court to process the application and issue the final Divorce Order. Note: Courts in Ontario and Nova Scotia often experience longer processing times, potentially 4-6 months or more. Our experience, noted in our guarantee, shows that while most are done in 4-6 months start-to-finish, delays can occur.

Important Warning: Due to unpredictable court times, DO NOT make firm plans for events like remarriage until you have the official, signed Divorce Order.

We prepare all necessary, province-specific court forms for you. You will need to provide:

• Official Marriage Certificate (CRUCIAL):
  • This is NOT the decorative certificate you received at your wedding ceremony.
  • It is the official legal document issued by the Vital Statistics office of the province/territory where you were married (or the equivalent official body if married outside Canada).
  • Unsure? Email a copy to info@untietheknot.ca or send via chat for confirmation.
  • We can usually obtain this for you for an extra fee (option on order form).
  • Alberta Exception: If married outside Canada and the official certificate cannot reasonably be obtained, the Alberta court accepts details about the wedding ceremony (date, location, officiant, witnesses) instead.

• Previous Divorce Certificate(s) (Ontario Specific): If filing in Ontario AND either spouse was previously divorced, you MUST provide details (date, location) of the previous divorce(s). If the CURRENT marriage occurred outside Canada, proof (in form of a previous Divorce Certificate) must be attached to your current application.

• Copies of Other Relevant Documents (If Applicable): Any existing Separation Agreement or court orders related to your marriage.
• Financial Information (Sometimes Required):Financial documents like proof of income (tax documents, pay stubs) are typically only needed for the court process when child support arrangements are involved. Even in such cases, it’s not always requested, but may be required, particularly in Manitoba, New Brunswick, Newfoundland & Labrador, Nova Scotia, and Saskatchewan, or by a specific judge reviewing child support. We will let you know if this applies to your situation.

An existing or previous divorce filing refers to a situation where either spouse has already started divorce proceedings for the same marriage in any court, which wasn’t finalized or formally withdrawn.

• Why it’s an Issue: Courts cannot process two separate divorce applications for the same marriage simultaneously. If an active prior case exists, the court will typically halt proceedings on the newer application until the conflict is resolved.
• Consequences: This will inevitably delay your divorce. The existing case usually needs to be formally withdrawn before the new one can proceed, or the parties might need to continue with the original case.
• Checking for Prior Filings: If you are unsure whether a previous divorce proceeding was started or finalized, you can:
  • Contact the court registry in the location where you suspect a case might have been filed.
  • Contact Canada’s Central Registry of Divorce Proceedings (CRDP). They can search their records to see if a case was registered. They can provide the court location and file number if found, but not case details or status. You can reach the CRDP at 613-957-4519 or find their Search Request Form online here: https://www.justice.gc.ca/eng/fl-df/enforce-execution/self-meme.html.
• Your Responsibility: Please inform us immediately if you know or suspect that either you or your spouse has previously initiated any divorce proceedings related to this marriage.
• Resolution: Resolving conflicts with existing filings often requires communication and potentially withdrawing the prior case. Legal advice may be necessary for complex situations.
• Service Guarantee: As noted in our guarantee (see Question 16), we cannot guarantee a divorce will be granted nor provide a refund if an unreported prior or duplicate divorce proceeding exists.

Locating your spouse to formally deliver (“serve”) the divorce documents is a legal requirement if you are filing a Sole Divorce. If you cannot locate your spouse after making genuine and reasonable efforts, we unfortunately cannot proceed with the divorce filing on your behalf through our service. (Note: This is not usually an issue for Joint Divorces where both parties sign willingly).

Here’s why service is required for Sole Divorce, and steps you might consider:

• Why Service is Required: Courts need proof your spouse was properly notified of the divorce proceedings.
• Reasonable Efforts: You must demonstrate to the court that you’ve made genuine and reasonable attempts to find your spouse before alternative service methods can be considered. Keeping detailed records of your efforts is crucial. Common search methodsinclude:
  • Contacting mutual friends, relatives, former colleagues, or employers who might know their whereabouts.
  • Searching online using social media platforms (like Facebook, LinkedIn), online phone/address directories (like Canada411 if they might be listed), and performing general web searches for their name and potential locations.
  • Checking publicly accessible provincial or municipal records where possible, such as land title/registry offices or property assessment databases (online access, search capabilities, and fees vary significantly by jurisdiction).
  • Using reputable online people search services (be aware that results and accuracyresidents can vary due to privacy laws).
  • If other methods fail, consider hiring a licensed professional skip tracer.
  • Remember to document: Keep detailed notes of who you contacted, what searches you performed (including dates and websites/databases used), and the outcomes. This documentation is vital if you need to apply for substituted service.
• Substituted Service: If, after exhaustive efforts, you still cannot locate your spouse, you generally must apply to the court for an order allowing “substituted service.” This means serving the documents in an alternative way approved by the judge (e.g., serving a close relative known to be in contact, sending documents via registered mail to a last known address, email, etc.). Obtaining this order requires proving your diligent search efforts to the court.
• Consult a Lawyer: We strongly recommend consulting a family lawyer if you cannot locate your spouse. They can advise on the specific requirements for demonstrating reasonable efforts in your province and guide you through the process of applying for a substituted service order if needed for a Sole Divorce.

We’re here to support you with procedural questions about our service and the process! While we cannot provide legal advice, we offer several ways to get assistance:

• Secure Client Portal/Contact Form: Submit questions through our website or client portal anytime.
• Email: Reach out at info@untietheknot.ca.
• Scheduled Phone Calls: Book a convenient time to speak with us: https://tidycal.com/untietheknot/callback
• Live Chat: Available during designated business hours for real-time assistance.
• Proactive Updates: We aim to keep you informed about your case status.