How to File for Divorce in Ontario: Complete Step-by-Step Guide (2026)
Making the decision to end a marriage is never easy. If you're reading this, you're likely feeling overwhelmed by questions: Where do I start? What forms do I need? How long will this take? How much will it cost?
This guide walks you through exactly how to file for divorce in Ontario, from the first eligibility requirements through receiving your final divorce order. Whether you're considering a simple uncontested divorce or facing more complex issues around property, support, or parenting arrangements, understanding the process helps you make informed decisions about your next steps.
Can I Get a Divorce in Ontario? Understanding Basic Requirements
Before you can file for divorce in Ontario, you need to meet two essential requirements:
Residency Requirement: Either you or your spouse must have lived in Ontario for at least 12 consecutive months before filing your application. This establishes jurisdiction for the Ontario courts to grant your divorce.
Grounds for Divorce: Under Canadian law, there is only one legal ground for divorce—the irretrievable breakdown of your marriage. You can prove this breakdown in one of three ways:
Separation for one year (most common): You and your spouse have lived separate and apart for at least 12 consecutive months. You don't need to wait the full year to file your application, but the court cannot grant the divorce until the one-year separation period is complete. Importantly, in many cases you don't need a formal separation agreement to start counting this period, though having one can clarify important issues.
Adultery: This ground requires proof and can be more complex to establish. Ontario Courts and Judges employ a no-fault divorce system. This ground for divorce requires evidence and can involve detailed court proceedings, which will take much longer than a year making option 1 a faster and easier path to divorce.
Cruelty: Your spouse has been physically or mentally cruel to you, making it intolerable to continue living together. This also requires evidence and can involve detailed court proceedings, which will take much longer than a year making option 1 a faster and easier path to divorce.
The vast majority of Ontario divorces proceed on the basis of one-year separation. It's straightforward, doesn't require proving fault, and typically results in a less contentious process.
Types of Divorce Applications in Ontario
Ontario offers three different types of divorce applications, depending on your specific situation:
Simple Divorce Application (Form 8A)
Use this when:
You're only asking the court for a divorce
You're NOT making claims for spousal support, child support, property division, or parenting arrangements
Only one spouse is filing (the other will be served and has the option to respond)
This is the most streamlined option if you and your spouse have already resolved all other matters outside of court, or if there are no other issues to resolve.
Joint Divorce Application (Form 8A - Joint)
Use this when:
Both spouses agree to the divorce
You've resolved all issues between you (or there are no issues requiring court orders)
Both spouses sign the same application together
Joint applications are faster because there's no service requirement and no waiting period for a response. Both parties file in court together, streamlining the process significantly.
General Application for Divorce
Use this when:
You're seeking a divorce AND making other claims (spousal support, child support, property division, decision-making responsibility for children, or parenting time)
You need the court to make orders beyond just ending the marriage
If your divorce involves contested issues that haven't been resolved through negotiation or mediation, you'll use this application type and the process will be more complex.
Step 1: Gather Your Required Documents
Before you can file for divorce, you'll need to collect several important documents:
Marriage Certificate or Marriage Registration Certificate: This is mandatory. If you were married in Ontario, you can order a certified copy from ServiceOntario. If you were married outside Canada, you'll need to provide the original certificate (or a certified copy) along with a certified English translation if the document isn't in English or French.
Proof of Separation (if applicable): While not always required, having documentation that shows when you separated can be helpful—bank statements showing separate addresses, lease agreements, or utility bills.
Financial Documents: If your divorce involves support or property claims, you'll need comprehensive financial disclosure including tax returns, pay stubs, bank statements, investment account statements, pension statements, and property valuations.
Prior Court Orders: If there are existing court orders related to your marriage (such as temporary support orders or restraining orders), include copies.
Step 2: Complete the Required Court Forms
The specific forms you need depend on the type of divorce you're pursuing:
For a Simple Divorce:
Form 8A: Application (Divorce) - This is your main divorce application. You'll provide information about both spouses, your marriage, children (if any), and what you're asking the court to grant.
Form 36: Affidavit for Divorce - This sworn statement confirms the facts in your application, including the grounds for divorce and that there's no possibility of reconciliation.
Form 25A: Divorce Order (Draft) - A proposed version of the order you're asking the judge to sign. You'll file this later in the process, but it's good to prepare it early.
For a Joint Divorce:
Both spouses must each complete and sign their own Form 36: Affidavit for Divorce. All other forms are completed together.
Important: Forms must be accurate and complete. Errors or missing information will delay your divorce. All sworn affidavits must be signed in front of a commissioner for taking affidavits (available at most law offices, some city halls, and courthouses).
All Ontario family court forms are available at ontario.ca/familyforms or through the court registry.
Step 3: File Your Application with the Court
Once your forms are complete, you'll file them with the Superior Court of Justice or the Family Court Branch of the Superior Court of Justice in the location where either you or your spouse lives.
Filing Options:
Online Filing: Ontario now offers online filing through two portals:
Ontario Courts Public Portal - for matters in the Toronto region (as of October 14, 2025)
Justice Services Online - for matters outside of Toronto
Online filing allows you to submit documents electronically and pay fees by debit or credit card without visiting the courthouse.
In-Person Filing: You can file your documents directly at the courthouse during business hours. Bring your completed forms, copies for the court, and payment for filing fees.
Court Filing Fees (2025):
The government sets specific fees for divorce proceedings:
Initial filing fee: $224 (when you submit your application)
Filing fee for divorce order: $445 (when you request the final order)
Central Registry of Divorce Proceedings clearance fee: $10 (mandatory, cannot be waived)
Total minimum fees: $679
If you cannot afford these fees, you can apply for a fee waiver by completing a Fee Waiver Request Form and providing financial documentation. If approved, most fees are waived (though the $10 federal clearance fee cannot be waived).
When you file, the court clerk will provide you with:
A court file number
A copy of your issued Application (stamped with the court seal)
Instructions for next steps
Step 4: Serve Your Spouse (Simple Divorce Only)
If you're filing a simple divorce (not joint), you must "serve" your spouse with the court documents. Service means formally delivering copies of your filed application so they receive official notice and have an opportunity to respond.
Critical Rule: You cannot serve the documents yourself. The law requires that someone else over the age of 18 serve your spouse. This can be:
A friend or family member
A professional process server (costs typically $100-$200)
A sheriff or bailiff
Service Options:
Personal Service: The server physically hands the documents to your spouse. This is the most reliable method and is required in most cases.
Alternative Service: If personal service isn't possible, you can ask the court for permission to serve documents by mail, email, or publication in a newspaper or even social media. This requires a court motion and demonstrated attempts at personal service.
Service Timeline:
Your spouse has a specific period to respond after being served:
30 days if served in Canada
60 days if served outside Canada
Proving Service:
After service is complete, the person who served the documents must complete Form 6B: Affidavit of Service, swear it before a commissioner, and file it with the court. This provides proof that service was properly completed.
Note: Joint divorce applications do not require service since both spouses are filing together.
Step 5: Wait for Your Spouse's Response (or Default Period)
After being served, your spouse has three options:
1. Do Nothing: If your spouse doesn't file a response within the 30 or 60-day period, your divorce proceeds as "uncontested." You can move forward to request the final divorce order.
2. File a Consent: Your spouse can file a document agreeing to the divorce and the terms you've requested.
3. File an Answer (Form 10): Your spouse may respond if they disagree with anything in your application or want to make their own claims for support, property division, or parenting arrangements. If they file an Answer, your case becomes more complex and you'll need to attend court conferences to work toward resolution.
For purposes of this guide, we're focusing on uncontested divorces where your spouse either consents or doesn't respond.
Step 6: Obtain Clearance from the Central Registry of Divorce Proceedings
Before granting your divorce, the court must verify that neither you nor your spouse has another divorce proceeding pending anywhere else in Canada. This is done through the federal Central Registry of Divorce Proceedings.
When you file your application, the court automatically sends your information to the Registry. The Registry searches for any other divorce filings and sends a clearance certificate back to the court (this typically takes 2-4 weeks).
The $10 federal fee covers this clearance process.
Step 7: Submit Your Final Documents for Judicial Review
Once the service period has passed (or your spouse has filed consent), and the court has received the clearance certificate, you can submit your final documents asking a judge to grant your divorce.
You'll need to file:
Form 36: Affidavit for Divorce (if not already filed)
Draft Form 25A: Divorce Order - Your proposed divorce order typed (not handwritten) and ready for the judge's signature
Form 6B: Affidavit of Service - Proof that your spouse was properly served
Proof of marriage - Original marriage certificate (if not previously filed)
The court clerk reviews your file to ensure all documents are in order, then forwards it to a judge for review.
Step 8: Judicial Review (No Court Appearance Required)
In most uncontested divorces, you don't need to appear in court. A judge reviews your application and supporting documents "on the papers." The judge ensures:
All legal requirements are met
The one-year separation period is complete (if that's your ground)
Child support arrangements comply with the Federal Child Support Guidelines (if children are involved)
The proposed order is appropriate
If the judge identifies issues or needs more information, the court will contact you with specific instructions. You may need to file supplementary affidavits or correct errors.
If everything is in order, the judge signs your Divorce Order.
Step 9: Receive Your Divorce Order
Once the judge grants your divorce, the court will mail a copy of your signed Divorce Order to both you and your spouse at the addresses provided in your application.
Important: Your divorce is not legally effective immediately. The Divorce Order takes effect 31 days after it's granted, unless either party files an appeal. This waiting period allows time for appeals.
After the 31-day effective date, you are legally divorced and free to remarry.
Step 10: Request Your Divorce Certificate (Optional)
The Divorce Order is the court document showing the judge granted your divorce. For most purposes (changing your name, updating government records, remarrying), you'll need a Divorce Certificate.
You can request your Divorce Certificate from the court registry 31 days after the Divorce Order was granted. There is a small fee (approximately $25).
The certificate is a one-page document that serves as official proof of your divorce.
How Long Does the Divorce Process Take?
Timeline varies depending on several factors:
Simple Uncontested Divorce:
Typically 4-8 months from filing to receiving your Divorce Order
Joint divorces may be faster because there's no service period or response waiting time
Factors That Affect Timeline:
Court backlogs in your region (some courts process divorces faster than others)
Completeness and accuracy of your paperwork (errors cause delays)
How quickly your spouse responds (or doesn't respond)
Processing time for the Central Registry clearance
Contested Divorce: If your spouse files an Answer disputing your claims, the process becomes significantly longer—often 12-24 months or more, depending on the complexity of issues and court scheduling.
What About Child Support, Spousal Support, and Property Division?
If you're filing a simple divorce application, you're only asking the court for a divorce—nothing else. But what happens to all the other important issues?
Child Support: If you have children, child support obligations continue regardless of whether they're part of your divorce order. Many couples address child support through:
A separation agreement negotiated outside of court
A previous court order
The Family Responsibility Office (if enforcement is needed)
Spousal Support: Similar to child support, spousal support can be addressed separately from the divorce through:
Negotiated separation agreements
Independent court applications under the Family Law Act
Inclusion in your divorce application (if you file a general application)
Property Division: Ontario's Family Law Act governs property division for married spouses. Property equalization can be resolved:
Through a negotiated separation agreement
Through a court application (separate from divorce)
Included in a general divorce application
Many couples choose to resolve these matters before or alongside the divorce process. A comprehensive separation agreement can address all financial and parenting issues, allowing you to proceed with a simple divorce application.
Common Mistakes to Avoid When Filing for Divorce in Ontario
Incomplete or Inaccurate Forms: This is the #1 reason for delays. Double-check all information, ensure dates are accurate, and make sure names match your marriage certificate exactly.
Not Meeting the Separation Requirement: You cannot get a divorce until you've been separated for one full year. Filing early is fine, but the judge won't grant the order until the year is complete.
Improper Service: Attempting to serve documents yourself or failing to properly complete the Affidavit of Service causes serious complications.
Missing Deadlines: If your spouse files an Answer, there are specific deadlines for next steps. Missing these can result in your case being dismissed.
Not Disclosing Children Properly: If you have children of the marriage, you must complete specific sections about child support and parenting arrangements. Incomplete disclosure delays your divorce.
Forgetting the Marriage Certificate: The court requires your original marriage certificate (or certified copy). Without it, your application won't be processed.
Do I Need a Lawyer to File for Divorce in Ontario?
Legally, no—you can represent yourself and complete the divorce process without a lawyer. Many people successfully file simple, uncontested divorces on their own, especially when there are no children, limited assets, and full agreement.
However, there are situations where legal advice is strongly recommended:
Consider Consulting a Lawyer If:
You have significant assets or complex property to divide
You own a business or have professional corporation shares
You need to value and divide pensions
Spousal support is at issue and calculations are complex
You have children and need guidance on parenting arrangements
Your spouse has retained a lawyer
There are power imbalances in your relationship
You're uncertain about your legal rights or obligations
A Streamlined Option for Straight Forward-Asset Cases
For couples with moderate assets, stable incomes, and agreement on major issues, we offer our M&C2 Divorce —a flat-fee, streamlined approach that provides professional legal support at a predictable cost.
M&C2 is designed for couples who:
Want to negotiate and settle their family law issues without Court
Need professional guidance to ensure agreements are fair and complete
Want peace of mind that documents are properly prepared
Prefer a predictable costs
This service includes preparation of all court documents, a comprehensive separation agreement, and legal advice to ensure clients understand their rights and obligations.
Next Steps: What Should You Do Now?
If you're considering divorce in Ontario, here are your immediate next steps:
1. Assess Your Situation: Determine whether you qualify for divorce (residency and grounds), identify what type of divorce application fits your circumstances, and consider what issues beyond the divorce itself need resolution.
2. Organize Your Documents: Gather your marriage certificate, financial records, and any existing agreements or court orders.
3. Decide on Your Approach: Will you handle this yourself, work with a lawyer on specific aspects, or retain full representation? This depends on the complexity of your case and your comfort level with the legal system.
4. Start the One-Year Clock: If you haven't already separated, understand that physical separation begins the one-year waiting period. You can file your application before the year is complete, but the divorce won't be granted until the full period has passed.
5. Seek Legal Advice: Even if you ultimately choose to proceed on your own, an initial consultation with a family lawyer can help you understand your rights, identify potential issues, and ensure you're making informed decisions.
Get Professional Guidance for Your Ontario Divorce
Divorce is one of life's most significant transitions. While the legal process doesn't have to be complicated, having experienced guidance ensures your interests are protected and nothing is overlooked.
Contact us by email or book a free 20 minute consultation here
This guide provides general information about the divorce process in Ontario and should not be considered legal advice. Every divorce situation is unique, and legal requirements can change. For advice specific to your circumstances, consult with a qualified family law lawyer.
