Can We File for a Simple Divorce If We Have Adult Children and Are Selling Our Home?
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Many couples assume that once adult children and a jointly owned home are involved, a divorce automatically becomes complicated or contested.
That isn’t always true.
In Ontario, it is possible to file for a simple (joint) divorce even when you have adult children and are selling your residential home as long as certain conditions are met.
This article explains when a simple divorce is appropriate, when it is not, and how couples who are already in agreement can move forward in a clear, efficient, and structured way.
What Is a Simple (Joint) Divorce in Ontario?
A simple divorce, also known as a joint or uncontested divorce, is a legal process where both spouses agree on all key issues and jointly ask the court to grant the divorce.
It is designed to be:
More efficient
More cost-effective
Less stressful
Free of unnecessary conflict
Unlike contested proceedings, a simple divorce focuses on finalizing the legal end of the marriage, not resolving disputes.
How Adult Children Affect Divorce Proceedings
From a legal standpoint, adult children do not affect eligibility for a simple divorce.
Because adult children are legally independent:
Child custody does not apply
Child support does not apply
Parenting arrangements are not part of the divorce process
This often makes the divorce more straightforward, not more complex.
That said, adult children may still be part of broader family considerations such as:
Emotional dynamics
Estate planning updates
Financial transitions during the sale of the family home
While these matters are important, they do not prevent a couple from filing for a simple divorce.
Can You File for a Simple Divorce While Selling the Family Home?
Yes, selling the family home does not automatically disqualify you from a simple divorce.
However, this is where clarity and agreement are essential.
A simple divorce is only appropriate if both spouses have already agreed on:
Whether the home will be sold
How the sale will be handled
How mortgage balances and debts will be addressed
How the net proceeds will be divided
The court does not resolve these issues for you in a simple divorce. They must already be settled before filing.
Key Point:
If the sale of the home is agreed upon and documented, it can be included as part of the overall divorce process without turning the matter into a contested case.
When a Simple Divorce Is Not Appropriate
A simple or joint divorce is not suitable if there is:
Active conflict between spouses
Disagreement about selling the home
Disputes over division of proceeds
One spouse is unsure or unwilling to proceed
Ongoing arguments about financial responsibility
In those situations, the matter requires dispute resolution or litigation, and a simple divorce is not the correct legal path.
This distinction is important — and often misunderstood.
How Lucero Legal Services Can Help
Lucero Legal Services assists couples in Ontario who have already reached agreement and want to complete their divorce in a structured, professional, and efficient way.
As a Family Legal Services Provider, my role is to:
Confirm eligibility for a simple or joint divorce
Prepare and file the divorce application correctly
Ensure documentation reflects the parties’ agreement
Guide the process from filing to final court order
Reduce unnecessary stress, delays, and confusion
I do not represent cases involving active conflict or unresolved disputes. My practice is focused on helping couples who are ready to move forward without escalation.
Practical Considerations Before Filing
If you are considering a simple divorce while selling your home, it is important to ensure that:
The agreement regarding the home is clear and documented
Financial arrangements are understood by both parties
Required residency requirements in Ontario are met
All paperwork is prepared accurately before filing
Taking the time to confirm eligibility upfront helps avoid delays and prevents the process from becoming more complicated than necessary.
Moving Forward With Clarity
A simple divorce is not about minimizing the importance of the decision — it is about avoiding unnecessary conflict when there is nothing left to argue.
When adult children are involved and property decisions have already been made, many couples find that a joint divorce allows them to close this chapter with dignity, efficiency, and legal certainty.
Next Step: Confirm Eligibility
If you and your spouse:
Have adult children
Have agreed on the sale and division of your home
Want to proceed without conflict
The first step is a structured review to confirm whether a simple divorce is appropriate for your situation.
Lucero Legal Services provides Family Legal Services across Ontario, with services available in English and Spanish.
