The Different Types of Divorce: What They Mean and Why It Matters

Let’s be honest, divorce is hard enough without the legal jargon. When you’re already navigating grief, confusion, or conflict, the last thing you want is more uncertainty. Yet in family law, so many questions are answered with, “Well, it depends.” I remember hearing that phrase in university and feeling frustrated by it until I realized that understanding what it depends on gives people power. That’s why today we’re unpacking the different types of divorce. With some clarity around the process, you’ll be better equipped to move forward emotionally, legally, and spiritually.

Why Knowing the Different Types of Divorce Matters

Divorce isn’t one-size-fits-all. In Ontario (and much of Canada), every case falls into one of two broad categories: contested or uncontested. But within those, there are key differences that can shape everything from timelines to costs to emotional strain.

Let’s walk through these categories in a way that’s easy to understand and apply to your own situation—or support someone you care about.

Contested Divorce: When Agreement Feels Out of Reach

A contested divorce happens when the two spouses haven’t agreed on one or more key issues like child custody, spousal support, or division of property.

This type of divorce often involves:

• Court applications and formal legal procedures

• Higher legal costs

• Longer timelines

• Emotional intensity, especially when children are involved

It doesn’t mean the couple disagrees on everything. Sometimes it’s just one sticking point that makes it “contested.” However, that one point can still require litigation unless it is resolved outside of court.

Here’s the hopeful part: Many contested divorces don’t stay that way. Mediation or collaborative law can create space for understanding, even in high-conflict situations. I’ve seen couples come in feeling like enemies and leave with agreements they both feel good about, especially when they put the needs of their children first.

Uncontested Divorce: Two Clearer Paths Forward

If you and your spouse have reached an agreement on all major issues, you can pursue an uncontested divorce. This is typically faster, less expensive, and much more emotionally manageable.

There are two types of uncontested divorce:

1. Uncontested Sole Divorce

In this case, one spouse files for divorce and serves the other. The responding spouse chooses not to contest it; either because they agree with the terms or they don’t respond at all.

Benefits:

• Simple and streamlined

• No court appearance if forms are complete and correct

Cautions:

• The non-responding spouse might not fully understand their rights

• If communication is lacking, misunderstandings can arise later

This path may be appropriate when there’s no shared property, children, or ongoing support involved, but it requires care.

2. Uncontested Joint Divorce

This is the most cooperative route. Both spouses file the divorce application together, already in agreement about terms like parenting arrangements, support, and property division.

Often, they include a separation agreement, a powerful tool that outlines how decisions have been made and provides long-term clarity. From a legal and emotional perspective, this is usually the smoothest option. It also allows you to retain more control over the outcomes rather than leaving them in the hands of a judge.

A Personal Note from My Mediation Work

Not long ago, I worked with a couple who came in for mediation, assuming they needed a contested divorce. Their parenting relationship had broken down, and communication was at a standstill. But with time, deep listening, and some tough conversations, they realized they shared the same ultimate goal: stability for their kids. We crafted a parenting plan that felt fair, and they were able to move forward with a joint divorce, something they didn’t think was possible when they walked in the door.

That’s the difference knowledge and support can make.

Understanding the Different Types of Divorce Brings Clarity

To recap:

• Contested divorce = unresolved conflict requiring court intervention

• Uncontested divorce = full agreement, either through joint or sole application

Each type has its own legal and emotional journey. But knowing where you stand and what options are available can lift the fog of uncertainty. And with the proper support, even difficult endings can become peaceful new beginnings.

Not sure which type of divorce applies to your situation? Let’s talk it through. Book a confidential consultation or explore our mediation services to find a pathway that leads to peace and clarity.

External Links:

• Ontario Family Law Services

• Psychology Today – The Emotional Impact of Divorce