Filing a Divorce Application in Ontario: A Complete Checklist
How to File a Divorce Application in Ontario
Your Complete DIY Guide to Uncontested Divorce
Filing for divorce can feel overwhelming, especially when you’re already dealing with the emotional stress of ending a marriage. If you’re wondering how to file a divorce application in Ontario without spending thousands on legal fees, you’re not alone. Thousands of Ontario couples choose the DIY route each year, successfully navigating an uncontested divorce Ontario process while saving both time and money.
The truth is, despite decades of calls to streamline the divorce process, Ontario’s system remains largely paper-based and complex. However, with the right guidance and tools, you can handle your own divorce application efficiently and affordably. This comprehensive guide will walk you through every step, from determining your eligibility to obtaining your final divorce certificate.
By the end of this article, you’ll have the knowledge and confidence to file your divorce application in Ontario, understand the costs involved, and know exactly what forms you need. Whether you’re considering a simple divorce or joint application, we’ll help you choose the right path for your situation.
Understanding Divorce vs. Separation in Ontario
Before diving into how to file a divorce application in Ontario, it’s important to understand the difference between separation and divorce, as many people confuse these two legal processes.
Separation means you and your spouse have decided to live apart and end your relationship, but you’re still legally married. During separation, you’ll:
- Still be considered married on legal documents
- Cannot remarry
- Retain inheritance rights from your spouse
- Need to create a separation agreement to outline terms
Divorce, on the other hand, legally ends your marriage completely. Once divorced, you can:
- Remarry whenever you choose
- No longer have inheritance rights from your ex-spouse
- Update your legal status to “divorced” on all documents
In Ontario, you typically need to be separated for at least one year before you can file for divorce, though there are exceptions for cases involving adultery or cruelty.
Types of Divorce in Ontario: Choosing Your Path
When learning how to file a divorce application in Ontario, you’ll need to decide between two main types:
Uncontested Divorce Ontario: The Smoother Route
An uncontested divorce Ontario process occurs when both spouses agree on all major issues, including:
- Division of property and assets
- Child custody and access arrangements
- Spousal support (if applicable)
- Child support obligations
Benefits of uncontested divorce:
- Lower legal costs (often under $1,200 total)
- Faster resolution (typically 4-6 months)
- Less emotional stress and conflict
- No court appearances required
- Greater privacy and discretion
Contested Divorce: When Agreement Isn’t Possible
contested divorce
A contested divorce happens when spouses cannot agree on key issues. This path typically involves:
- Lengthy court proceedings
- Higher legal fees (often $10,000+)
- Extended timelines (12+ months)
- Increased emotional strain
- Public court records
For most couples seeking to file a divorce application in Ontario themselves, the uncontested route is the practical choice.
Simple vs. Joint Divorce Applications
Simple vs. Joint Divorce Applications
Within the uncontested divorce Ontario framework, you have two filing options:
Simple Divorce Application
A simple divorce is initiated by one spouse (the applicant) and involves:
- Serving divorce papers to the other spouse (respondent)
- The respondent having 30 days to respond
- Proceeding to court if no response is filed (desk order divorce)
- Only addressing the divorce itself, not other issues
Joint Divorce Application
A joint application is when both spouses file together, featuring:
- Both parties working as a team
- All issues resolved through a separation agreement
- Faster processing (often 3 months or less)
- No serving of papers required
- Generally less expensive overall
Eligibility Requirements for Filing Divorce in Ontario
Before you can file a divorce application in Ontario, you must meet specific legal requirements:
Residency Requirements
- At least one spouse must have lived in Ontario for a minimum of one year before filing
- You don’t need to be a Canadian citizen
- If you live outside Canada in a country that doesn’t recognize Canadian marriages, different rules may apply under the Civil Marriage Act
Legal Grounds for Divorce
Canada follows a “no-fault” divorce system, meaning you don’t need to prove wrongdoing. You must demonstrate one of three grounds:
- Separation for one year (most common for uncontested divorce Ontario)
- You’ve lived separate lives for 12+ months
- Can live in the same house if leading separate lives
- No shared meals, bedrooms, or typical marital activities
- Adultery (fault-based)
- Your spouse committed adultery
- You haven’t forgiven them
- Requires proof and often leads to contested proceedings
- Cruelty (fault-based)
- Physical or mental cruelty by your spouse
- Makes continued cohabitation intolerable
- Also requires proof and documentation
Marriage Validity
- You must have been legally married in Canada or any other country
- Common-law relationships don’t qualify for divorce proceedings
- You’ll need your original marriage certificate or certified copy
Essential Ontario Divorce Forms: Your Complete Checklist
Successfully filing a divorce application in Ontario requires completing several specific forms. Here’s your complete checklist:
For Simple Divorce Applications:
- Form 8A (Application for Divorce): The main application that starts your divorce process
- Form 6B (Affidavit of Service): Proves your spouse received the divorce papers
- Form 36 (Affidavit for Divorce): Used when requesting the final divorce order
- Form 25A (Divorce Order): The order the court issues when granting your divorce
For Joint Divorce Applications:
- Form 8A (Application for Divorce): Completed jointly by both spouses
- Form 36B (Affidavit for Joint Divorce): Special affidavit for joint applications
- Form 25A (Divorce Order): The final court order
Additional Required Documents:
- Original marriage certificate or certified copy
- Government-issued photo identification
- Separation agreement (if you have one)
- Any existing court orders related to your marriage
- Federal Divorce Proceedings Registration form
Step-by-Step Guide: How to File a Divorce Application in Ontario
Now let’s walk through the actual process of filing your divorce application in Ontario:
Step 1: Gather Your Documents
Before starting any forms, collect:
- Marriage certificate (original or certified copy)
- Photo identification for both spouses
- Financial documents if requesting support
- Any existing separation agreements
- Previous court orders (if applicable)
Step 2: Complete Your Forms Accurately
Critical tips for form completion:
- Use black ink or type directly into PDF forms
- Double-check all personal information (names, addresses, dates)
- Be clear and specific about your marriage breakdown
- Don’t leave required fields blank
- Have forms reviewed before submitting
Common information you’ll need:
- Full legal names of both spouses
- Current addresses and contact information
- Marriage date and location
- Date of separation
- Details about children (if any)
- Information about property and support
Step 3: Choose Your Filing Method
Online Filing through Ontario’s Family Law Portal:
- Available 24/7 for convenience
- Upload documents electronically
- Pay fees online with credit card
- Receive confirmation emails
- No travel to courthouse required
In-Person Filing at the Courthouse:
- Visit your local Superior Court of Justice
- Bring original documents plus copies
- Pay fees by cash, check, or money order
- Speak directly with court staff
- Get immediate confirmation of filing
Step 4: Pay the Required Fees
Yes, you generally need to be separated for at least one year before filing for divorce in
Ontario.
The one-year separation requirement demonstrates that the marriage has broken down.
Exceptions include cases of adultery or cruelty, where you can file for divorce without
waiting for a full year of separation.
After filing for divorce, you must serve the papers and wait for your spouse to
respond.
Your spouse has 30 days to respond if they live in Canada and 60 days if they reside outside
the country. If they do not respond, you can proceed with an uncontested divorce. If they do
respond, the case may move to negotiations, mediation, or court hearings depending on the
issues at hand.
Divorce papers in Ontario can be served through personal or special service methods.
Personal service involves having someone other than you hand the papers directly to your
spouse. If this is not possible, special service methods such as mail or courier can be used,
but you must follow specific legal protocols to ensure the papers are served correctly.
Separation means living apart while still legally married, while divorce legally ends
the marriage.
In Ontario, a separation is often the first step toward divorce, especially since you must live
apart for one year before applying for a divorce. During separation, spouses remain married
and must address financial and child-related matters through agreements.
The timeframe for a divorce in Ontario varies depending on whether it is contested or
uncontested.
An uncontested divorce typically takes 4 to 6 months. However, contested divorces, where
disagreements require court intervention, can take significantly longer, sometimes years,
depending on the complexity of the issues.
Yes, you can file for divorce without your spouse’s consent in Ontario.
You are required to serve the divorce papers to your spouse. Even if they do not agree or
respond, the court can proceed with an uncontested divorce after a waiting period of 30
days if your spouse lives in Canada, or 60 days if they live abroad.
The steps to file for divorce in Ontario involve several key stages.
First, you need to complete the necessary forms, including the divorce application. Then, file
the application at the Superior Court of Justice, serve your spouse with the papers, and wait
for their response. If the divorce is uncontested, the process moves smoothly to obtaining a
divorce order and certificate.
Yes, you can file for divorce online in Ontario.
Ontario allows for online filing of divorce applications through the Family Court Submission
Portal. This service simplifies the process by letting you submit completed documents
electronically. However, online filing is generally suited for uncontested divorces where both
parties agree on key issues such as asset division and child custody.
Sarah Bates
Sarah Bates is a Certified Divorce Specialist (CDS), Family Law Clerk, and Intern Family Mediator dedicated to supporting individuals and families through the complexities of separation and divorce. As the owner of SDB Divorce Specialist and an Associate at Divorce the SmartWay, Sarah brings a wealth of experience and a compassionate, client-centered approach to her work.
Credentials
- Certified Divorce Specialist (CDS): Completed specialized training in divorce communication, legal, financial, and emotional issues.
- Family Law Clerk: Experienced in the legal processes and documentation required for family law matters.
- Intern Family Mediator: Actively developing mediation skills to help families resolve disputes amicably and efficiently.
Professional Approach
- Sarah’s mission is to empower clients to achieve their goals while minimizing the emotional and financial impact of divorce.
Her services include:
- Divorce Strategy & Coaching: Helping clients set realistic goals, manage emotions, and treat divorce as a business transaction to achieve the best possible outcome.
- Legal and Practical Guidance: Drawing on her Family Law Clerk background to assist with legal documentation and procedural requirements.
- Mediation Support: As an intern mediator, Sarah facilitates constructive dialogue between parties, aiming for amicable resolutions that prioritize family well-being.
- Resource Navigation: Connecting clients with trusted professionals, including family lawyers, therapists, and financial advisors, to ensure comprehensive support throughout the divorce process.
Client Benefits
- Personalized Support: One-on-one coaching tailored to each client’s unique situation.
- Holistic Guidance: Addressing legal, financial, and emotional aspects of divorce.
- Cost-Effective Solutions: Strategies to reduce the financial burden and stress of separation.
- Empowerment: Tools and knowledge to make informed decisions and move forward confidently.
Commitment
Sarah Bates is recognized for her dedication, professionalism, and empathy. She is committed to helping clients navigate the challenges of divorce with clarity, dignity, and hope for a better future.
