DIY Divorce Forms Ontario ≫ Get It Right Without Stress!

How to Get DIY Divorce Forms in Ontario Done Right without Wasting Time

Even if You're Dealing with Emotional Stress

Divorce can feel like walking through a minefield when emotions are running high. Did you know that almost 50% of marriages in Canada end in divorce? That’s a sobering statistic that tells you how complex and urgent many are during this time. If you want to streamline your divorce process, DIY divorce forms Ontario is the solution to take control of your situation.

In this guide, I’ll walk you through the steps to complete your DIY divorce forms correctly and efficiently. We’ll look at how to avoid common pitfalls and not waste precious time—time that’s often needed to manage the emotional weight of your circumstances. My goal is to give you the knowledge and confidence you need to make this often-daunting process manageable.

Whether you’re dealing with an uncooperative spouse or just want to save on legal fees, you can achieve your goals without the added stress. Let’s get started!

Navigating an uncontested divorce can be overwhelming when emotions are high. You may be considering the DIY route to save time and money. Knowing how to manage your divorce forms is key to a smooth process. This guide is about DIY divorce forms in Ontario, a step-by-step approach to help you complete your forms correctly and efficiently.

DIY Divorce in Ontario

What is DIY Divorce?

A DIY divorce or do-it-yourself divorce means couples handle their divorce without lawyers. This option is usually for uncontested divorces where both parties agree. By going this route, you save on legal fees and have more control over the process.

In Ontario, a DIY divorce is straightforward if you meet the criteria. You must have been married legally, lived in Ontario for at least a year and have a mutual agreement on the divorce terms. Most importantly, there should be no outstanding issues on property, child custody or spousal support.

Pros and Cons of Going DIY

Pros:

Cost-Effective: You save on legal fees which can be substantial.
Control: You manage the process so it’s more personal.
Speed: If both parties agree, the process can be faster than contested divorces.Cons:
Complexity: The paperwork can be tricky. If not done correctly, it can cause delays.
Emotional Stress: Dealing with a divorce can be emotionally draining and doing it alone can increase stress levels.
Limited Legal Advice: Without a lawyer, you may miss critical legal advice that can affect your rights or responsibilities.

Consider these points and decide if DIY divorce is for you.

Essential Documents for DIY Divorce Forms

Required Documentation and Forms You Need to Prepare

Essential Forms for Filing a Divorce Application:

To file for divorce in Ontario, you’ll need to gather specific forms. Each form serves a particular purpose in the application process. Here’s what you’ll need:

Form 8A Divorce Application: This is the primary form you’ll use to start the divorce process. It contains basic information about you, your spouse, and the terms of your divorce.
Form 36 Affidavit for Divorce: If you’re filing for an uncontested divorce, this form confirms that both parties agree on the terms.
Form 6B Affidavit of Service: required to prove that your spouse has been served with the divorce documents
Form 25A Divorce Order: Once the court approves your application, this form is used to finalize the divorce.

Other supporting documents that maybe required:

Marriage Certificate: You’ll need to provide your original marriage certificate or a certified copy
Separation Agreement: While not mandatory, having a separation agreement can clarify terms and prevent future disputes.
Form 13: – Form 13.1 Financial Statement: which details your finances if spousal or child support is part of the agreement. *For uncontested divorces, financial disclosure may be minimal compared to contested cases.

Where to Get the Forms

All forms are available free from the Ontario government’s website. Always download the most current versions, as forms are occasionally updated.

Download FORMS HERE: Tap here for immediate email download

Tip: Fill out forms on your computer if possible. It’s neater and you can save your progress.

Step-by-Step Process for Completing Your Divorce Forms

Filling Out Form 8A: Application for Divorce

When filling out Form 8A, accuracy is key. You’ll need to provide:

Personal details of both spouses.
Date of marriage and separation.
Grounds for divorce (usually irreconcilable differences).

Read each question carefully. The more detail and accuracy the better.Double-check all information entered on your forms. Incomplete or incorrect details can lead to rejections or delays. Once you’ve filled out the forms, ensure both you and your spouse sign where required. If applicable, find a commissioner for oaths to witness your signature on the affidavit.

Consider having a friend or family member review the documents before submitting. A fresh set of eyes can catch errors you might have missed.

Filing Your DIY Divorce Application: What to Expect

Where to File

Once your forms are complete, you’ll need to file them at your local courthouse. This is usually the courthouse in the municipality where you or your spouse lives. If children are involved, you may need to file in the municipality where the children reside.

Check the court’s website for specific filing procedures as they may vary by location.

Filing Fees and Payment Options

Filing a divorce application in Ontario has fees. As of now, the initial fee is approximately $669. This is typically paid in two parts:

$214 when you submit your divorce application.
$445 before the divorce is reviewed by the court.

If you’re facing financial difficulties, you can apply for a fee waiver. Bring the necessary documents to support your request.

After You File

What Happens Next?

Once you’ve submitted your application, the court will review your forms. You’ll receive a notification if more information is required. After your forms are complete, your spouse will be served with copies of the application and supporting documents.

Your spouse has 30 days to respond if they live in Canada or the U.S. If they live elsewhere, they have 60 days. If your spouse doesn’t respond, you can proceed with the divorce.

Proof of Service

You must provide proof that your spouse received the divorce documents. This involves completing Form 6B: Affidavit of Service. The person who serves the documents must sign this form, confirming your spouse was informed about the application.

Make sure this process is done correctly to avoid issues later on.

Contested vs. Uncontested Divorces

What’s the Difference?

It is important to understand the difference between contested and uncontested divorces. An uncontested divorce occurs when both parties agree on everything. This is usually faster and less stressful.

A contested divorce occurs when disagreements exist on child custody, support or property division. This may require mediation or court intervention.

Managing Disputes

If you find yourself in a contested divorce, here’s how to manage:

Mediation: A neutral mediator can facilitate discussions and find solutions.
Open Communication: Try to talk to your spouse directly. A calm and constructive conversation can often resolve issues.
Professional Help: Don’t hesitate to consult a lawyer for advice on your rights and responsibilities.

By using these strategies, you can navigate divorce stress better.

Finalizing Your Divorce: What You Need to Know

Getting a Divorce Order

Once your spouse responds, or if they don’t respond within the time limit, you can proceed to get a divorce order. You’ll need to complete additional forms, including:

Form 36: Affidavit for Divorce
Draft Form 25A: Divorce Order

Submit these forms along with any required fees. The judge will review your application and if everything is in order, they will grant a divorce order.

Timeframe to Receive Your Certificate of Divorce

After you get your divorce order, you need to wait 30 days before the order takes effect. During this time, you can request a Certificate of Divorce from the court office. This certificate is required to remarry and to change your marital status in official documents.

Keep a copy of all documents for your records.

Resources for DIY Divorce

Online Tools and Downloads

Many resources are available online to help with DIY divorce in Ontario. You can download the forms from the Ontario court forms website. Some organizations also provide guides and checklists to help you through the process.

You can also use platforms that offer step-by-step guidance and templates to make it smoother.

When to Get Professional Help

While DIY divorce is possible, professional help is needed in some situations. If you have complexities such as big assets or child custody issues, a family lawyer can be helpful. They can advise you and protect your rights throughout the process.

In summary, DIYing divorce in Ontario is less stressful when you’re informed. Stay organized, get help when you need it and communicate with your spouse.

By knowing the process and using the resources, you can manage your DIY divorce and get through to the next chapter of your life.

What should I include in a parenting agreement during a divorce? Emily Maynard2024-12-09T17:37:00-05:00

What should I include in a parenting agreement during a divorce?

A parenting agreement should outline custody, access, and support arrangements.

When drafting a parenting agreement, include details such as decision-making responsibilities, parenting time schedules, and child support provisions. Both parties should agree on these terms and file them with the court to ensure they are legally binding.

What is Form 10 in the Ontario divorce process? Emily Maynard2024-12-09T17:36:21-05:00

What is Form 10 in the Ontario divorce process?

Form 10 is used by the respondent to reply to a divorce application.

If your spouse contests the divorce, they will need to complete Form 10: Answer. This form allows them to respond to your application and outline any disagreements regarding the divorce terms. The completion and submission of this form are essential for contested cases.

Do I need a lawyer for a DIY divorce in Ontario? Emily Maynard2024-12-09T17:35:41-05:00

Do I need a lawyer for a DIY divorce in Ontario?

A lawyer is not required for a DIY divorce, but it can be beneficial.

While you can complete the divorce process without legal representation, consulting a lawyer is advisable if you have questions or concerns about your rights, particularly if there are children or significant assets involved. A lawyer can help clarify legal terms and ensure that all forms are completed correctly.

What happens if my spouse does not respond to the divorce application? Emily Maynard2024-12-09T17:35:03-05:00

What happens if my spouse does not respond to the divorce application?

If your spouse does not respond, you can proceed with an uncontested divorce.

If your spouse fails to respond within 30 days (or 60 days if they live outside Canada), you can move forward with finalizing your divorce. You will need to submit the necessary documents to the court, confirming that your spouse has been served and has not contested the application.

What is the difference between contested and uncontested divorce in Ontario? Emily Maynard2024-12-09T17:34:31-05:00

What is the difference between contested and uncontested divorce in Ontario?

An uncontested divorce involves mutual agreement on all terms.

In an uncontested divorce, both spouses agree on major issues like asset division, child custody, and support. A contested divorce occurs when spouses disagree on one or more issues, requiring court intervention. This distinction impacts the complexity and duration of the divorce process.

Can I apply for a divorce online in Ontario? Emily Maynard2024-12-09T17:33:42-05:00

Can I apply for a divorce online in Ontario?

Yes, you can apply for a simple divorce online in Ontario.

If you and your spouse agree on all terms, you can submit your divorce application electronically. This process is generally faster and more convenient. Check the Ontario government’s website for specific instructions on filing your divorce application online.

How long does it take to finalize a DIY divorce in Ontario? Emily Maynard2024-12-09T17:32:52-05:00

How long does it take to finalize a DIY divorce in Ontario?

Finalizing a DIY divorce in Ontario can take several weeks to months.

Once you file your application, the court will issue a clearance certificate. If there are no disputes and your spouse does not contest the divorce, you can expect to finalize it within 4 to 6 weeks after filing. However, additional time may be needed if complications arise.

What forms do I need for a DIY divorce in Ontario? Emily Maynard2024-12-09T17:31:54-05:00

What forms do I need for a DIY divorce in Ontario?

You will need several key forms for a DIY divorce in Ontario:

Essential forms include Form 8A: Application for Divorce, Form 36: Affidavit for Divorce, and Form 6B: Affidavit of Service. If there are children involved, you may also need to include a parenting agreement and relevant financial statements. Ensure that you download the most current versions from the Ontario court forms website.

How much does it cost to file for divorce in Ontario? Emily Maynard2024-12-09T17:31:12-05:00

How much does it cost to file for divorce in Ontario?

The average cost to file for divorce in Ontario is around $632.

The filing fee includes an initial payment of approximately $212 when you submit your divorce application and an additional $420 before the court reviews your application. If you’re facing financial hardship, you may apply for a fee waiver to potentially reduce or eliminate these costs.

What are the steps to file for a DIY divorce in Ontario? Emily Maynard2024-12-09T17:30:30-05:00

What are the steps to file for a DIY divorce in Ontario?

Follow these steps to file for DIY divorce in Ontario:

To file for a DIY divorce in Ontario, start by completing Form 8A: Application for Divorce. Once the form is filled out, submit it at your local courthouse. After that, serve your spouse with the application and ensure you file Form 6B: Affidavit of Service to confirm that they received the documents. Pay the required filing fee, wait for the clearance certificate, and then follow up on any additional requirements from the court.

11 Key Takeaways about DIY Divorce Forms Ontario

DIY Divorce Explained: A DIY divorce allows couples to manage their divorce process without lawyers, suitable for uncontested cases where both parties agree on terms.
Eligibility Criteria: To qualify for a DIY divorce in Ontario, you must be legally married, a resident of Ontario for at least one year, and have no unresolved issues regarding custody, support, or property.
Cost Benefits: Going the DIY route can save significant legal fees, allowing you to control the divorce process and potentially expedite the timeline if both parties agree.
Essential Forms: Key documents include Form 8A (Application for Divorce), Form 36 (Affidavit for Divorce), and Form 6B (Affidavit of Service), all of which can be downloaded online.
Additional Documentation: You may also need a marriage certificate, any previous divorce documents, and a separation agreement if applicable.
Accurate Completion: Ensure that all forms are filled out accurately to avoid delays. Double-checking details and having a third party review your documents can help catch errors.
Filing Process: Submit your completed forms at your local courthouse. Be aware of specific procedures in your area and check for any additional requirements based on your situation.
Filing Fees: The initial fee for filing a divorce application in Ontario is approximately $632, paid in two parts. You can apply for a fee waiver if financial difficulties arise.
Response Timeline: After filing, your spouse has 30 days to respond if living in Canada. If they do not respond, you can proceed with the divorce process.
Contested vs. Uncontested Divorce: Understanding the difference is crucial. Uncontested divorces are quicker and less stressful, while contested cases may require mediation or court intervention.
Professional Help Consideration: While DIY divorces can be straightforward, consulting a lawyer is advisable if significant issues arise, especially concerning child custody or asset division.

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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.

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