The Truth about Filing for Divorce in Ontario: Your Simple Steps

how to file a divorce in ontario

How to File for Divorce in Ontario - Step-by-Step Guide

Learn how to file for divorce in Ontario without a lawyer. Follow our easy step-by-step guide to simplify the process and ensure a smooth transition

The Divorce Process in Ontario

Can you file for divorce online in Ontario?Ken Maynard CDFA, Acc.FM2024-05-26T18:19:57-04:00

Yes, you can file for divorce online in Ontario through the Family Court Submission Portal. This service helps you submit the necessary completed divorce papers electronically.

What are the steps to file for divorce in Ontario?Ken Maynard CDFA, Acc.FM2024-05-26T18:20:15-04:00

The steps to file for divorce in Ontario include: 1) Complete a divorce application, 2) File the application at the Superior Court of Justice, 3) Serve your spouse with the application, 4) Wait for a response from your spouse, 5) Attend court if necessary, and 6) Obtain a divorce certificate. A Divorce Mediator or Certified Divorce Financial Analyst can assist you through each step.

Can you file for divorce without your spouse’s consent in Ontario?Ken Maynard CDFA, Acc.FM2024-05-26T18:21:20-04:00

Yes, you can file for divorce without your spouse’s consent in Ontario. You must serve your spouse with the divorce application, and the court will proceed with the case even if your spouse does not agree to the divorce.

How long does it take to get a divorce in Ontario?Ken Maynard CDFA, Acc.FM2024-05-26T18:21:42-04:00

The time it takes to get a divorce in Ontario depends on whether the divorce is contested or uncontested. An uncontested divorce typically takes 4 to 6 months, while a contested divorce can take much longer. A Divorce Mediator or Certified Divorce Financial Analyst can help expedite the process.

What is the difference between separation and divorce in Ontario?Ken Maynard CDFA, Acc.FM2024-05-26T18:22:32-04:00

Separation is when you and your spouse live apart with the intention of ending the marriage, while divorce is the legal dissolution of the marriage. Separation can be temporary or permanent, while divorce is final. A Divorce Mediator or Certified Divorce Financial Analyst can help clarify the differences and guide you through the process.

How can you serve divorce papers in Ontario?Ken Maynard CDFA, Acc.FM2024-05-26T18:23:14-04:00

You can serve divorce papers in Ontario through personal service, where someone other than you gives the documents to your spouse, or through a special service such as mail or courier if personal service is not possible.

What happens after you file for divorce in Ontario?Ken Maynard CDFA, Acc.FM2024-05-26T17:29:57-04:00

After you file for divorce in Ontario, you must serve your spouse with the divorce application. Your spouse has 30 days to respond if they live in Canada, or 60 days if they live outside Canada. If your spouse does not respond, you can proceed with the divorce as uncontested.

Do you need to be separated before filing for divorce in Ontario?Ken Maynard CDFA, Acc.FM2024-05-26T17:29:59-04:00

Yes, you need to be separated for at least one year before filing for a no-fault divorce in Ontario. Exceptions include cases of adultery or cruelty.

What should you do if your spouse contests the divorce in Ontario?Ken Maynard CDFA, Acc.FM2024-05-26T17:30:00-04:00

If your spouse contests the divorce in Ontario, the case may go to trial where a judge will make a decision on the contested issues. A Divorce Mediator or Certified Divorce Financial Analyst can help resolve disputes and potentially avoid a lengthy court battle.

What is a divorce certificate in Ontario?Ken Maynard CDFA, Acc.FM2023-08-14T14:53:03-04:00

A divorce certificate in Ontario is a legal document issued by the court that confirms your divorce has been finalized. It can be used as proof of your divorce for various purposes.

How can I get a quick divorce in Ontario?Ken Maynard CDFA, Acc.FM2023-08-14T15:04:59-04:00

A quick divorce in Ontario can be achieved if it is uncontested and all necessary documents are correctly filled out and filed in a timely manner. However, the court still needs to process the application, which can take a few months.

What is a simple divorce in Ontario?Ken Maynard CDFA, Acc.FM2023-08-14T15:13:36-04:00

A simple divorce in Ontario refers to a divorce where the only claim is for the divorce itself, without any other claims such as spousal support, child custody, or division of property.

What’s the difference between contested and uncontested divorce, and what’s the duration? Ken Maynard CDFA, Acc.FM2023-08-14T19:04:16-04:00

A contested divorce is one where the spouses disagree on some or all of the issues raised by the divorce. A contested divorce is usually much more drawn out than an uncontested divorce; the duration of the proceedings will depend on if and when the case settles.

What is an uncontested divorce? Ken Maynard CDFA, Acc.FM2023-08-14T19:05:45-04:00

An uncontested divorce is when the parties have nothing to “fight” over or negotiate, as they have already dealt with their child and property (assets) arrangements.

In Ontario, How Long Does it Take to Get a Divorce? Ken Maynard CDFA, Acc.FM2023-08-14T19:08:44-04:00

In Ontario, How Long Does it Take to Get a Divorce? 

A simple divorce can be completed in 4 to 6 months when matters such as child arrangement and property division are resolved before making the divorce application; however, contested and complicated divorces that involve courtroom litigation or mediation will take longer.

How much does it cost to file a divorce application? Ken Maynard CDFA, Acc.FM2024-05-26T20:36:33-04:00

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 I have to be separated before getting a divorce in Canada? Ken Maynard CDFA, Acc.FM2023-08-14T19:11:22-04:00

It depends on your situation and your reason for getting a divorce. If you are the victim of either adultery or cruelty, you may be able to obtain a divorce instantly. However, the only reason fueling your desire to obtain a divorce is because you and your spouse no longer love each other or do not get along. In that case, a mandatory one-year separation period must be satisfied.

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About the Author:
Ken Maynard CDFA, Acc.FM

I assist intelligent and successful couples in crafting rapid, custom separation agreements that pave the way for a smooth transition towards a secure future. This efficient process is achieved in about four meetings, effectively sidestepping the excessive conflicts, confusion, and costs commonly linked to legal proceedings. Clients have the flexibility to collaborate with me either via video conference or in-person through a DTSW associate at any of our six Greater Toronto mediation centers, located in Aurora, Barrie, North York, Vaughan, Mississauga, and Scarborough.

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Ken Maynard CDFA, Acc.FM2024-07-16T20:34:45-04:00