Court Forms for Divorce in Ontario—Quick & Simple
How to Easily Get Court Forms for Divorce in Ontario
without Wasting Hours of Your Time Even if You’re Busy with Work
What Forms Do You Need for an Uncontested Divorce?
For an uncontested divorce in Ontario, the most important form is Form 8: Application for Divorce. This form initiates the divorce process and outlines the basic information about your marriage, children (if applicable), and the type of divorce you’re seeking. In addition to Form 8, you might also need:
| Form Name | Purpose |
|---|---|
| Form 8: Application for Divorce | Initiates the divorce process |
| Form 6B: Affidavit of Service | Proof that your spouse has received the divorce papers |
| Form 36: Affidavit for Divorce | A sworn statement that explains why the divorce should be granted |
| Form 25A: Divorce Order | The official document that finalizes your divorce once it’s approved by the court |
Step-by-Step Guide to Filling Out Divorce Forms in Ontario
Filling out divorce forms can seem daunting at first, but with a little guidance, it becomes manageable. Each form has a specific purpose and must be filled out correctly to avoid delays or issues with your divorce application. Here’s a step-by-step guide to help you through the process.
How to Complete Form 8: Application for Divorce
Form 8 is the most critical document in the divorce process. It requires you to provide key information about yourself, your spouse, your marriage, and any children involved. Here’s how to approach it:
- Personal Information: Start by filling in basic details like your name, address, and contact information, as well as your spouse’s information.
- Marriage Details: You’ll need to provide the date and place of your marriage, and the date you separated (if applicable).
- Grounds for Divorce: Ontario requires that you be separated for at least one year before filing for divorce. You’ll need to state this on the form.
- Children and Support: If you have children, you’ll be asked to provide details about custody arrangements and any agreed-upon child or spousal support.
Common Mistakes to Avoid When Filling Out Court Forms
It’s easy to make errors when filling out legal forms, especially if you’re unfamiliar with the process. Here are some common mistakes to avoid:
- Incorrect or Missing Information: Double-check all personal details and make sure nothing is left blank.
- Incomplete Financial Information: If support payments are involved, ensure that all financial details are accurate.
- Improper Service of Documents: Make sure your spouse is properly served with the divorce papers and that you complete Form 6B (Affidavit of Service) accurately.
Taking the time to carefully review your forms before submitting them can save you significant time and frustration down the road.
Where to File Your Divorce Forms in Ontario
Once you’ve completed the necessary court forms, the next step is to file them with the court. There are two main options for filing: in person or online.
Filing Online vs. In-Person: What You Need to Know
- Filing Online: Ontario offers an online service for filing family law forms. This option is convenient if you have a busy schedule and want to avoid a trip to the courthouse. Simply upload your completed forms, and you’ll receive confirmation once they’ve been processed.
- Filing In-Person: If you prefer to file in person, you can take your documents to the nearest family court in Ontario. Make sure to bring enough copies for the court, yourself, and your spouse.
How Long Does It Take to Process Court Forms for Divorce in Ontario?
The length of time it takes to process your divorce forms can vary depending on several factors, including whether your forms are completed correctly and how busy the court is.
Timelines for Filing and Processing
- Filing Time: If you file online, your forms will typically be processed within a few business days. In-person filing may take longer, depending on the court’s workload.
- Processing Time: Once your forms are filed, the court will review them. For uncontested divorces, this process usually takes about 4 to 6 weeks. If there are any issues with your forms, the process may be delayed.
How to Avoid Delays and Mistakes When Filing Divorce Papers
To ensure that your divorce proceeds smoothly, it’s important to avoid common pitfalls. Small mistakes can lead to frustrating delays or, in the worst case, require you to refile your documents.
The Importance of Accuracy in Divorce Forms
Filling out your forms with accuracy is crucial. Even small errors in names, dates, or financial information can cause your forms to be rejected. Here are a few tips to help you avoid delays:
- Double-Check Everything: Go over every form carefully before submitting.
- Consult a Professional: If you’re unsure about any part of the form, consider consulting a legal professional or Certified Divorce Specialist (CDS) for guidance.
- Properly Serve Your Spouse: Make sure your spouse is properly served with the divorce papers and that you complete the Affidavit of Service (Form 6B) correctly.
What Happens After Filing Court Forms for Divorce in Ontario?
Once your divorce forms are submitted, the court will review your application. But what happens next?
Next Steps in the Uncontested Divorce Process
After your forms are processed, you’ll receive a court date or notification by mail. For uncontested divorces, you likely won’t need to appear in court. Once the judge approves your divorce, you’ll receive your Divorce Order (Form 25A), officially finalizing the process.
Why You Don’t Need a Lawyer to File for Divorce in Ontario
One of the biggest benefits of an uncontested divorce is that you don’t need to hire a lawyer, which can save you thousands of dollars.
Benefits of Handling Your Divorce with a Certified Divorce Specialist (CDS)
Instead of hiring a lawyer, many people turn to a Certified Divorce Specialist (CDS) for guidance. A CDS can help you navigate the paperwork, provide emotional support, and ensure that all forms are completed correctly—without the high legal fees.
How a CDS Can Help You Save Time and Money
A Certified Divorce Specialist not only helps you avoid costly mistakes, but they also guide you through the process efficiently, saving you time. If you’re unsure about any part of the divorce process, a CDS is a great resource for ensuring everything runs smoothly.
How to Get Help with Court Forms for Divorce in Ontario
If you need additional help with your divorce forms, there are several resources available to guide you through the process.
Free Resources and Consultation Services
The Ontario government’s family law website provides a wealth of free resources, including downloadable forms, step-by-step guides, and FAQs. Additionally, many Certified Divorce Specialists offer free consultations to help you get started.
When to Consider Hiring Professional Help
If your divorce is more complex or if you’re feeling overwhelmed, consider reaching out to a professional. Whether you hire a Certified Divorce Specialist or a family lawyer, getting expert advice can make the process smoother and less stressful.
Conclusion
Filing for divorce in Ontario doesn’t have to be a complicated or time-consuming process. By understanding the necessary court forms and following the proper steps, you can navigate the process efficiently and with confidence. Whether you choose to handle the paperwork yourself or seek the help of a Certified Divorce Specialist, you’re on the right path to finalizing your divorce without unnecessary stress or expense.
A Certified Divorce Specialist (CDS) can guide you through the process of filling out divorce forms, ensuring that everything is completed accurately and on time.
They can help you avoid common mistakes, streamline the process, and provide support on legal matters, saving both time and money.
Once you file your divorce papers in Ontario, the court will issue the application and notify your spouse.
Your spouse has 30 days (or 60 days if they reside outside Canada) to respond. If no response is received and all forms are complete, the court will review the application and issue a Divorce Order, finalizing your divorce.
Yes, in Ontario, you can file for divorce online through the Family Law Portal.
This option allows you to upload completed court forms, pay fees, and track your case status online, which can save time and eliminate the need to visit the courthouse in person.
Filing for a divorce in Ontario costs approximately $632.
This includes an initial filing fee of $212 when you submit your divorce application and an additional fee of $420 when the divorce is reviewed and finalized. If you qualify for a fee waiver based on your financial situation, some of these costs may be reduced or eliminated.
No, you do not necessarily need a lawyer to file for divorce in Ontario.
Many people opt to file for an uncontested divorce on their own by completing and submitting the required forms. However, consulting a Certified Divorce Specialist (CDS) or lawyer can help avoid common mistakes, especially if your situation involves complicated financial or custody matters.
The processing time for an uncontested divorce in Ontario typically takes about 4 to 6 weeks after filing all required court forms.
However, delays can occur if forms are incomplete or additional information is required. The court also requires a Clearance Certificate, which confirms that no other divorce proceedings are underway.
In Ontario, divorce papers must be served to your spouse either in person by a third party over the age of 18 or through a professional process server.
You cannot serve the papers yourself. After service, you must file Form 6B: Affidavit of Service to confirm that the documents have been properly served.
You can get court forms for divorce in Ontario by visiting the Ontario Court Forms website.
All forms are available in downloadable PDF formats and are categorized under “Family Law.” You can also obtain these forms from your local courthouse.
For an uncontested divorce in Ontario, the main form you need is Form 8A: Application for Divorce.
Additional forms include Form 6B: Affidavit of Service to confirm that your spouse has been served and Form 36: Affidavit for Divorce, which affirms the details of your separation. If there are children involved, other forms may be required, such as those related to child support.
To apply for a divorce by yourself in Ontario, you must fill out the required court forms and file them with the court.
Typically, you will need Form 8A: Application for Divorce. After completing the form, you file it with the court either in person or online. You must then serve the documents to your spouse, ensuring the service is properly documented by filing Form 6B: Affidavit of Service. Once these steps are done, the court will review your application.
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.
