Simple Divorce in Ontario: How It Works, Forms and Fees
One spouse applies, the other doesn’t have to sign. Here’s who qualifies, what to file, what it costs and how long it takes.
Last reviewed: October 21, 2026 by Ken S. Maynard, AP.fm, CDFA
A simple divorce in Ontario is a divorce where one spouse applies on their own and asks the court for a divorce only, nothing else. Your spouse doesn’t sign the application. They’re served with it, and if they don’t oppose it within 30 days, you can ask a judge to grant the divorce without a court hearing.
It’s the right route when you and your spouse have already settled property, support and parenting, or there’s nothing to settle, but your spouse won’t sign a joint application or can’t be reached easily. This guide explains who qualifies, the forms, the court fees, how to serve your spouse and how long it takes. For the full filing process, see how to file for divorce in Ontario.
Who applies
One spouse; the other doesn’t sign
What you ask for
A divorce only
Court fees
$669, paid in two parts
Your spouse’s time
30 days to answer after service
What is a simple divorce in Ontario?
Ontario has three kinds of divorce application. A simple divorce is one of them, and the name refers to what you ask for, not how easy your situation is.
| Simple divorce | Joint divorce | General application | |
|---|---|---|---|
| Who applies | One spouse | Both spouses together | One spouse |
| What it asks for | A divorce only | A divorce, plus any terms you both agree on | A divorce plus support, property or parenting claims |
| Form | Form 8A | Form 8A | Form 8 |
| Spouse signs? | No | Yes | No |
| Serve your spouse? | Yes | No | Yes |
| Contested? | Only if your spouse files an answer | No | Usually |
A general application is for couples who still need a court to decide support, property or parenting. A simple divorce is a type of uncontested divorce. The difference from a joint uncontested divorce is who signs and whether your spouse has to be served. A joint application skips service and the 30-day wait, so it’s usually faster if your spouse is willing to sign.
Who qualifies for a simple divorce?
Under the Divorce Act, you can apply if:
- You’re legally married.
- You or your spouse has been a resident of Ontario for at least one year right before you apply.
- Your marriage has broken down. For a simple divorce, that almost always means you’ve lived separate and apart for at least one year.
- You have your original marriage certificate, or can get one.
You can file before the year of separation is up, but the court won’t grant the divorce until a full year has passed. Living together for up to 90 days to try to reconcile doesn’t restart the clock. Divorces based on adultery or cruelty need evidence and take more work, so most people wait for the year. Our guide to grounds for divorce explains the options.
What if you have children?
You can get a simple divorce with children, but the judge must be satisfied that reasonable arrangements have been made for their support before granting it. In your Form 36 affidavit you’ll describe the support arrangements for your children. A separation agreement or court order that sets child support, parenting time and decision-making responsibility makes this straightforward. If there are no arrangements, the judge can hold the divorce until there are.
Settle the money before you file
A simple divorce ends your marriage and nothing more. It doesn’t divide property, set spousal support or decide parenting. That’s why it works best when those issues are already settled in a separation agreement, with each of you getting independent legal advice before you sign.
There’s also a deadline people miss. Under Ontario’s Family Law Act, a claim to equalize net family property has to start within two years after the divorce, or six years after separation, whichever comes first. If you divorce without settling property, you’ve started that two-year clock.
In my practice, most simple divorces I see go smoothly because the hard work was done first, usually in separation mediation. When the agreement is signed, the divorce really is just forms.
Documents and forms for a simple divorce
Download current versions from the Ontario Court Forms website. You’ll need:
- Form 8A: Application (Divorce), completed and signed by you. Your spouse doesn’t sign it.
- A continuing record, which is your court file: a cover sheet and a table of contents listing every document.
- Your original marriage certificate. If you married outside Canada, get the certificate from the government that issued it; one that isn’t in English or French needs a certified translation.
- A blank Form 10: Answer to serve with the application, so your spouse can respond if they choose.
- Form 6B: Affidavit of Service, sworn by the person who serves your spouse.
- Form 36: Affidavit for Divorce, your sworn statement of the facts, signed in front of a commissioner for taking affidavits.
- Form 36A: Certificate of Clerk, a checklist the court clerk completes.
- Form 25A: Divorce Order, a typed draft of the order for the judge to sign.
- Two stamped envelopes, one addressed to you and one to your spouse, so the court can mail the signed order.
Our guide to Ontario divorce forms explains each form, and the Steps to Justice guided pathway fills in Form 8A for you as you answer questions.
How to get a simple divorce: 7 steps
These steps follow Ontario’s guide to filing an application and Legal Aid Ontario’s simple divorce guide.
- Complete Form 8A and the continuing record. You’re the applicant and your spouse is the respondent. Only the divorce sections apply.
- File at the Superior Court of Justice. File where you live, at the counter or online, and pay $224. The clerk issues the application and gives you a court file number.
- Have your spouse served. Someone 18 or older, not you, hand-delivers the issued application and a blank Form 10 to your spouse. That person then swears Form 6B.
- Wait for the answer period. Your spouse has 30 days to file an answer if served in Canada or the United States, and 60 days if served outside Canada and the United States. They don’t have to respond or sign anything.
- File your finalizing documents. If no answer is filed, swear Form 36, attach your marriage certificate, and file it with Form 6B, Form 36A, the draft Form 25A and the envelopes. Pay the $445 fee.
- A judge reviews your papers. There’s normally no hearing. The judge signs the order or asks for more information.
- Your divorce takes effect. It takes effect on the 31st day after the judge signs. Then you can order a certificate of divorce.
What if you can’t find your spouse?
Service has to follow the court rules, and you can’t do it yourself. A friend, relative or professional process server hands the papers to your spouse, then swears Form 6B. If your spouse avoids service or you truly can’t find them, you’ll need a court order allowing another way to serve them, called substituted service. That’s worth getting legal help with. Our page on acknowledgement of service covers the service rules.
What if your spouse files an answer?
If your spouse files Form 10 and asks for support, property or parenting orders, your case is no longer a simple divorce. It becomes a contested case that goes through case conferences. That’s usually the moment to try mediation before the costs climb. Our guide to contested vs uncontested divorce explains what changes.
Want someone to handle the paperwork?
Our Naked Divorce Filer service prepares your simple divorce forms and helps you file, for a flat fee.
How much does a simple divorce cost?
Under Ontario’s family court fee schedule, the court fees for a simple divorce are:
- $224 when you file: the $214 application fee plus the $10 federal Central Registry of Divorce Proceedings fee
- $445 when you file your finalizing documents and ask for the divorce order
- $25 for a certificate of divorce, if you order one
That’s $669 in court fees, plus the certificate. The fees are the same everywhere in Ontario, online or at the counter. If you can’t afford them, ask for a fee waiver, which covers most fees but not the $10 federal fee.
On top of the court fees, you’ll pay a commissioner to swear your affidavits and possibly a process server. Lawyers and filing services charge more. See the cost of divorce in Ontario for a full comparison, and the cheapest way to get a divorce if your spouse is willing to file jointly.
How long does a simple divorce take?
A simple divorce usually takes several months from filing to a signed order. You can’t finalize until the 30-day answer period has passed, and after that the time depends mostly on how busy your courthouse is. Once the judge signs, the divorce takes effect 31 days later. A joint application usually moves faster because there’s no service and no answer period. Our divorce timeline breaks down each stage.
You can file online to save trips to the courthouse: through the Ontario Courts Public Portal in the Toronto region, or Family Submissions Online everywhere else. Court staff review online filings within three business days.
Can you do a simple divorce without a lawyer?
Yes. The forms are designed for people filing on their own, and many do. The risk isn’t the paperwork; it’s filing before your property, support and parenting are settled. A lawyer is worth it for the agreement behind the divorce and for anything unusual, like a spouse you can’t find. Our guide to whether you need a lawyer for a divorce explains when.
At Divorce the Smartway, we don’t give legal advice. We help couples reach their agreement in mediation, each spouse takes it to their own lawyer for independent legal advice, and then our Naked Divorce Filer service can prepare and file the divorce for a flat $999 plus HST.
Reading keeps you informed. Talking helps you feel better.
If you’ve read everything and still don’t know your next step, let’s talk it through in a free, no-pressure call.
Simple divorce in Ontario: common questions
What is the difference between a simple and a joint divorce?
In a simple divorce one spouse applies and serves the other; in a joint divorce both sign the application and no one is served
Both use Form 8A. A joint divorce can include agreed terms like child support in the order, and it skips the 30-day answer period, so it’s usually faster.
Can I get a simple divorce if my spouse doesn’t agree?
Yes, your spouse doesn’t have to agree or sign, but they can file an answer within 30 days
If they only object to the divorce itself, they generally can’t stop it once you’ve been separated a year. If they make claims for support, property or parenting, the case becomes contested.
Can I get a simple divorce if my spouse doesn’t respond?
Yes, if your spouse doesn’t file an answer within the deadline, you can file your affidavit and ask for the divorce
The deadline is 30 days after service in Canada or the United States, and 60 days if they were served outside Canada and the United States. You’ll need Form 6B to prove they were served.
Can we get a simple divorce if we have children?
Yes, but the judge must see that reasonable arrangements are in place for the children’s support
Describe the support in your Form 36 and attach your separation agreement or court order if you have one. If there are no arrangements, the judge can hold the divorce until there are.
How much does a simple divorce cost in Ontario?
The court fees are $669: $224 when you file and $445 when you ask for the divorce order
A certificate of divorce is $25 more. Commissioner and process server fees are extra, and a fee waiver can cover most court fees if you can’t afford them.
How long does a simple divorce take in Ontario?
Usually several months from filing, depending on the courthouse, plus 31 days after the judge signs
You can’t finalize until your spouse’s 30-day answer period ends. A joint application is often faster.
Can I file a simple divorce online in Ontario?
Yes, through the Ontario Courts Public Portal in Toronto or Family Submissions Online elsewhere in Ontario
You’ll need an Ontario.ca login, each document as a PDF and a credit or debit card. You still need someone to serve your spouse in person.
Can I serve the divorce papers myself?
No, someone 18 or older who isn’t you must serve your spouse
A friend, relative or professional process server can do it. They then swear Form 6B as proof.
When can I remarry after a simple divorce?
After the divorce takes effect, on the 31st day after the judge signs the order
Order a certificate of divorce from the court for $25 as proof before you plan to remarry.