Filing a Divorce Application in Ontario: A Complete Checklist

Divorce Application Checklist

Divorce Application Checklist

Hassle Free Divorce

What is the difference between a contested and uncontested divorce in Ontario?Emily Maynard2025-02-04T22:09:40-05:00

Agreement vs. disagreement on key issues.  

In an uncontested divorce, both parties agree on key matters such as child custody, support, and division of assets. A contested divorce, on the other hand, involves disagreements on these issues, often requiring legal intervention and a trial to settle the dispute. Uncontested divorces are faster and less expensive compared to contested ones.

Can I remarry after filing for a divorce in Ontario?  Emily Maynard2025-02-04T22:09:15-05:00

Not until you receive the Divorce Certificate.

You cannot remarry until you have received a Divorce Certificate from the court. This certificate is only available 31 days after the Divorce Order is granted, which finalizes your legal separation.

What happens if my spouse doesn’t respond to the divorce application?  Emily Maynard2025-02-04T22:08:42-05:00

The divorce proceeds as uncontested.

If your spouse does not respond within 30 days, the court will consider the divorce uncontested. You can then proceed with finalizing the divorce without their participation, as long as all paperwork is in order.

How do I serve divorce papers in Ontario?  Emily Maynard2025-02-04T22:08:14-05:00

You must use a third party to serve the papers. 

After filing your application, you cannot personally serve the divorce papers to your spouse. Instead, you must hire a process server or have another third party deliver the documents. Afterward, the server must complete Form 6B: Affidavit of Service, which you must file with the court.

Do I need a lawyer to file for an uncontested divorce in Ontario?  Emily Maynard2025-02-04T22:07:50-05:00

No, but professional help can ensure accuracy. 

You do not legally need a lawyer to file for an uncontested divorce. However, working with a Certified Divorce Specialist (CDS) can help ensure that your paperwork is accurate and that you avoid common pitfalls that could delay the process.

What is the cost of filing for divorce in Ontario? Emily Maynard2025-02-04T22:07:15-05:00

It costs around $669 in total. 

The total cost for filing a divorce in Ontario is $669, which is payable in two installments: $224 when submitting your application and $445 when you request a divorce hearing. These costs are applicable to uncontested divorces.

Can I file for divorce online in Ontario? Emily Maynard2025-02-04T22:06:34-05:00

Yes, you can file online or in person.

Ontario allows online divorce filings for uncontested divorces. You can submit most family court documents, including your Application for Divorce, through the Ontario court services portal. Filing online is convenient and saves time compared to filing in person at the courthouse.

What documents are required for a divorce in Ontario? Emily Maynard2025-07-08T13:11:38-04:00

Form 8A, marriage certificate, and more.  

You’ll need several forms, including Form 8A: Application for Divorce, your marriage certificate, and Form 36: Affidavit for Divorce. If you are filing a joint application, both parties will need to sign the necessary documents. Additional forms may be required for child support or spousal support, depending on your circumstances.

How long does an uncontested divorce take in Ontario?  Emily Maynard2025-02-04T22:05:31-05:00

It typically takes three to four months. 

For an uncontested divorce, the process generally takes around 3 to 4 months after submitting your application. This timeline can vary depending on court backlogs and whether all forms and requirements are met without errors.

What are the steps to file for a divorce in Ontario?  Emily Maynard2025-02-04T22:04:40-05:00

File, serve, and finalize your divorce.  

To file for divorce in Ontario, start by completing Form 8A for a simple or joint divorce. You must then serve your spouse with the necessary documents and file proof with the court. After serving, your spouse has 30 days to respond. If they don’t contest the divorce, you can proceed to finalize it. Once the court approves, you will need to request a Divorce Certificate to formalize the process.

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About the Author:
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.

 

Sarah Bates2025-07-15T17:14:26-04:00