File for Divorce in Ontario: Your Simple Steps

How to file for divorce in Ontario: An Overview

Divorcing in Ontario despite the digital revolution, the divorce process in Ontario remains largely paper-based, lagging behind other countries that have transitioned to digital systems. Ontario introduced an Online Divorce Application during the early stages of the COVID-19 pandemic. However, it essentially involves uploading your paperwork rather than completing the forms online. A divorce application in Ontario still requires the completion of numerous separate forms. This comprehensive guide will assist you in navigating the divorce application process successfully.

Criteria for Getting a Divorce in Ontario

You don’t have to be a citizen of Canada to file for divorce here, but there are specific criteria that you’re required by the Divorce Act to meet before you can initiate divorce proceedings. An Ontario court will not grant an uncontested divorce, officially ending your marriage, until you’re able to provide clear evidence that you meet the following criteria:

• You and your spouse were legally married in Canada or any other country.
• You and your spouse lived in Ontario for at least one year before filing your divorce application.
• You are prepared for a marriage breakdown and to separate permanently from your spouse or have already taken steps to do so. You do not foresee the possibility of reconciliation.

There’s an exception to the first rule. The residency requirement could be flexible if you and your spouse live outside of Canada in a country that does not acknowledge your Canadian marriage. In this case, Canada’s Divorce Act will not apply to you. However, you can file for divorce under the country’s Civil Marriage Act. To do so, you’ll have to meet the following eligibility requirements:

• You and your spouse got married in Canada.
• You cannot get a divorce from your spouse in the country where one (or both) of you live because that country doesn’t recognize your Canadian marriage.

If both these criteria apply to your situation, your divorce lawyer can help you navigate the process of filing for divorce under the Civil Marriage Act. The steps will align with those set forth by the Superior Court in the province or territory where you were married.

Duration of the Divorce Process

A straightforward divorce can be concluded in 4 to 6 months. However, when issues such as custody and property division are disputed and complex, divorces that require judicial action or mediation can take longer.

Fault Divorce vs No-Fault Divorce

Before filing, you’ll need to know whether you’re filing for a fault or no-fault divorce. In other words, are you filing because your spouse harmed you in any way? If so, that qualifies as a fault divorce. On the other hand, if you’ve been separated for a year and you’re ready to make things official, that’s a no-fault divorce. To apply for a divorce, you’ll need to satisfy one of the three criteria:

• You and your spouse have been separated for one year (no-fault divorce)
• Your spouse committed adultery, and you have not forgiven them (for a fault divorce in Ontario)
• Your spouse has inflicted emotional or physical cruelty on you (for a fault divorce in Ontario)

If you meet one of these requirements, you can proceed with the divorce process. This tutorial provides an in-depth look at the fundamental concepts of getting divorced. The basic steps are as follows:

• Fill out the appropriate divorce forms
• Submit your application and other forms at an Ontario courthouse
• Pay all necessary court fees
• Follow the court rules and procedures given by the court

Before you begin this journey, it’s wise to seek legal representation and counsel from a local expert with experience in family law. This team will be able to ensure you’re completing the proper forms and taking suitable precautions.

Simple Divorce vs Joint Divorce

Generally speaking, a simple divorce application is when one spouse (the applicant) files for divorce from the other. The application is served to the other spouse (the Respondent), who then has the opportunity to respond. On the other hand, a joint divorce application is when both spouses agree on all the issues related to the divorce (like property division, child custody, etc.) and file for the divorce together.

The term “simple divorce” may be somewhat deceptive, as the process is frequently far from straightforward. The initial step involves serving divorce papers to your ex-spouse, which can be costly and potentially fraught with conflict. Process servers, who are tasked with delivering these documents, often prioritize completion over discretion.

There have been instances where documents were served at workplaces or in front of children, family, and friends, causing unnecessary embarrassment or distress. Moreover, divorce-related issues, such as the division of property and child custody, are not automatically settled with a simple divorce. This leaves the door open for potential disagreements.

Since the divorce has been officially filed in court, any disputes must be resolved. This can result in a substantial escalation in legal fees. Please bear in mind that this is a general overview, and the specifics can differ based on individual situations and local legislation.

Filing Your Application for Divorce in Ontario

The following is an outline of the steps that are involved in filing an Ontario divorce. Applicants must:

• First, gather the relevant documents.
• Make four copies of each of all your documents and insert them in a stamped envelope addressed to each party.
• Take the documents to the court office, where you will meet with a staff member.
• The court office staff will assign the case a court file number and place a court seal on the application. You will also need to swear under oath to the content of Form 36.
• You will be given a Registration of Divorce Proceeding form to fill out. This form will be sent to the Department of Justice to determine if you have had any other divorce applications. If the form comes back clear, the Central Registry of Divorce will issue a Clearance Certificate.
• After filing, the court will issue a Divorce Order within about 6 to 10 weeks from filing if the divorce is uncontested.
• Once the Divorce Order is issued, you can then obtain a Certificate of Divorce.

What Happens After You File

Does a divorce order mean you are divorced? After finalizing your divorce order, you can apply for a divorce decree, known as a divorce certificate. To do this, you will be expected to fill out Form 36B: Certificate of Divorce. The certificate confirms the date on which you and your spouse became legally divorced. This will be when a 31-day period expires from the date you received the divorce order. To get your certificate of divorce, you need to go to the same court that granted your divorce order. You will also be expected to bring a copy of your divorce order. A fee of $24 will be required before you can collect the certificate. Payment can be made by cash, cheque or money order.

Desk Order Divorce in Ontario

A Desk Order Divorce in Ontario is a process where a divorce is granted when the Respondent fails to file an Answer to the Divorce Application—essentially making it a cost-effective option. At the same time, navigating a Desk Order Divorce with minimal legal assistance is possible. The primary benefit of a Desk Order Divorce is the potential savings in divorce costs. It also allows couples to move on more quickly than a contested divorce, as there are no legal disputes. This process enables couples to separate quietly and with dignity.

Filing a Joint Divorce Application

In a joint divorce, you and your spouse will usually file together. Usually, you should have agreed on all the significant points of the divorce and should have a separation agreement that covers these points. The court will require that agreement as part of the supporting documents you should file. When you are done filing, a judge will review your documents to ensure that they are complete and that you and your spouse are qualified under the conditions required to get a divorce.

You may be free to appear in court or meet with the judge. If the judge has questions, though, they may require your presence or send a copy of an endorsement explaining what you should do. If there are no questions from the judge, or after you have answered satisfactorily, the judge will grant you a divorce order. From start to finish, you can expect the process to take about three months, or even less, depending on what court you are applying to or if there are any problems with your documents.

The uncontested divorce in Ontario joint application is one in which you and your spouse work toward a common goal together. You agree that it’s best to end the marriage legally, so you’re working on all court orders as a team.

You are also handling other family law matters, such as spousal support, in a unified manner. Whether you’re filing online or in person, there are a few different forms you’ll need to prepare to file for a joint divorce application in Ontario. Some of these forms will be completed with your spouse, and others will be completed individually.

How much does a Joint Divorce cost in Ontario?

As of January 1, 2023, the court fees for all divorce applications in Ontario total $669, payable in two installments: $224 at the time of filing the application and $445 when setting the matter down for a divorce hearing.

The Naked Divorce Self-Filer $489 + HST for a simple (uncontested) divorce in Ontario. A contested divorce costs significantly more due to the complexity and number of claims involved. Therefore, the total cost for a simple divorce in Ontario, including court fees and document preparation costs, is $1,155.

Filing a Simple Divorce Application in Ontario

A simple divorce application is one in which the filing party only seeks to terminate the marriage. They aren’t requesting any other relief from the Ontario Superior Court of Justice. In addition to a copy of your marriage certificate, the only form you must complete and sign is Form 8A: Application (Divorce). Similar to a joint divorce application, you may also want to supplement this documentation with the following divorce forms:

Divorce Forms for Ontario

• #8A Divorce Application
• #6 Acknowledgment of Service
• #36 Affidavit of Divorce
• #25A Divorce Order
• #6B Affidavit of Service
• Federal Divorce Proceedings Registration
• Any former court orders issued concerning your marriage
• Any Notices of Calculation or Recalculation issued concerning child support

How much does a Simple Divorce cost in Ontario?

As of January 1, 2023, the court fees for all divorce applications in Ontario total $669, payable in two installments: $224 at the time of filing the application and $445 when setting the matter down for a divorce hearing.

The Naked Divorce Self-Filer $489 + HST for a simple (uncontested) divorce in Ontario. A contested divorce costs significantly more due to the complexity and number of claims involved. Therefore, the total cost for a simple divorce in Ontario, including court fees and document preparation costs, is $1,155.

Do You Need a Separation Agreement Before Divorce in Ontario?

Though they’re similar, divorce and separation are two different motions. The main difference? While a divorce legally ends your marriage, you’re still legally married during a separation, although it often precedes divorce. Both of these actions put physical space between you and your spouse. You will live separately, take care of any children separately, and separate your finances.

However, during a separation, you’re still married under legal terms. That means you’ll check “married” on any official forms, and you cannot remarry during this time. You also have access to certain family-specific benefits, including the right to inherit possessions from your spouse. To make the separation as official as possible, you and your spouse can create a separation agreement that outlines the terms to follow during your time apart. Some of the critical details to include are:

• How you’ll handle shared property (i.e. Which spouse gets the car? What happens to the house?)
• Any financial support to be provided for each other or children
• Who will care for the children?
• Where will the children reside
• Any other issues of contention or concern

Conversely, if you divorce your spouse, you are no longer legally married. You can remarry at any time you wish, and you give up your inheritance rights. Ontario typically requires spouses to complete a one-year separation before filing for divorce. Yet, there are some ways around this mandate. Want to skip right to the divorce process without enduring a separation first? There are a few criteria to meet. Find out if you’re eligible with this self-assessment tool.

We understand that you’re navigating through a challenging time in your life. The process of divorce, as detailed in this guide, can seem overwhelming and emotionally draining. But remember, you’re not alone in this journey. Our team of Family Mediators and Certified Divorce Financial Analysts at Divorce the Smart Way (DTSW) are here to help you navigate this complex process.

We recognize the emotional toll that divorce can take on individuals and families. That’s why we’ve developed the Soft Landing Divorce Settlement Method. This approach is designed to ease the stress of divorce, providing a more amicable and less adversarial path to resolution. We aim to help you and your spouse reach a fair and equitable settlement that respects the needs of all parties involved.

Our goal is to help you transition smoothly into the next chapter of your life, minimizing the emotional and financial impacts of divorce. We believe that with the right guidance and support, you can turn this challenging situation into an opportunity for personal growth and new beginnings. We invite you to take the next step towards a smoother divorce process. Schedule a Get Acquainted Call with us today.

Let’s explore how we can support you in this journey towards a brighter future.