How to File for Divorce in Ontario

Grounds for divorce

In Ontario, as in all of Canada, divorce is governed by the federal Divorce Act. You must establish one of three grounds:

• One year of separation: You and your spouse have lived separate and apart for at least one year. You can file before the year is up, but the divorce cannot be granted until the full year has passed.
• Adultery: One spouse committed adultery. Rarely used because it requires proof and does not affect the outcome.
• Cruelty: One spouse treated the other with physical or mental cruelty. Also rarely used.

The vast majority of divorces in Ontario proceed on the one-year separation ground.

Where to file

Divorce applications in Ontario are filed at the Ontario Superior Court of Justice in the municipality where either spouse lives. If you and your spouse have already filed other family court proceedings (such as a motion for temporary support), the divorce should be filed at the same court location.

Required forms

Ontario uses numbered court forms. The forms you need depend on whether your divorce is contested or uncontested:

Simple (uncontested) divorce

• Form 8A: Application (Divorce) — used when you are only claiming a divorce with no other relief
• Form 36: Affidavit for Divorce — sworn statement confirming the facts of your marriage and separation
• Form 25A: Divorce Order — the draft order for the judge to sign

Joint divorce

• Form 8A (joint version): filed together by both spouses when they agree on all terms
• Form 36: Affidavit for Divorce (one from each spouse, or a joint affidavit)

Divorce with other claims (support, property, custody)

• Form 8: Application (General) — used when claiming support, custody, or property division alongside the divorce
• Form 13: Financial Statement (Support Claims) — required whenever support is claimed
• Form 36: Affidavit for Divorce — sworn statement confirming facts of marriage and separation
• Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact) — required only if claiming parenting arrangements

You will also need a marriage certificate (or registration of marriage) and, if applicable, a separation agreement.

Filing fees

• Application filing fee: $224 ($214 provincial + $10 federal divorce clearance fee)
• Motion filing fee: $127 per motion
• Divorce order fee: included in the application fee for simple divorces

Fee waivers may be available if you cannot afford the filing fee. Ask the court office about a fee waiver request.

Timeline

• Minimum: The divorce cannot be granted until at least one year after separation. If you file before the year is complete, the application waits.
• Simple uncontested divorce: Typically 4 to 6 months from filing to the divorce order being issued, assuming all paperwork is in order.
• Contested divorce: Can take 1 to 3 years or longer, depending on the issues and court scheduling.

What to prepare before filing

1. Calculate your support obligations. Understanding what the guidelines suggest for child support and spousal support gives you a clear picture before you begin. This information is needed for Form 13 if you are claiming support.

2. Gather your documents. You will need your marriage certificate, proof of separation date, and financial records (income, assets, debts).

3. Consider a separation agreement. If you and your spouse can agree on support, property, and parenting, a separation agreement simplifies the divorce process significantly. The court will review the agreement to ensure it complies with the guidelines.

4. Decide on representation. You can file for divorce yourself (self-represented), hire a lawyer, or use a lawyer for specific tasks (unbundled legal services).

After the divorce order

Once the divorce order is issued, there is a 31-day appeal period. After that period, you can request a Certificate of Divorce from the court. The certificate is the official proof that your marriage has been legally ended.

The divorce order does not expire. You do not need to take any further action unless you want to remarry (in which case you need the Certificate of Divorce).