How to File for Divorce in Ontario: Your Essential Guide
If you’re feeling overwhelmed right now, you’re not alone. Divorce is one of life’s toughest transitions, and it’s completely natural to feel unsure about where to begin. The emotional toll, legal complexities, and financial worries can all feel like too much at once. But take a deep breath—you don’t have to navigate this entirely on your own. In this blog, we’ll walk you through the divorce process in Ontario and share practical resources to give you a better understanding of what to expect.
Separation vs. Divorce: What’s the Difference?
Separation and divorce are often confused, but they are distinct legal processes with different implications.
What is Separation?
Separation occurs when spouses choose to live apart but remain legally married. This does not require a court proceeding and can be an informal arrangement. While separation may lead to divorce, it doesn’t mean the marriage has ended.
What is Divorce?
Divorce is the legal process that ends the marriage. It is governed by federal law, the Divorce Act. Spouses must meet certain legal requirements before they can obtain a divorce order from the court. If you want to legally end your marriage or remarry, you will need this order and a certificate of divorce.
In Ontario, divorce cases are handled by the Superior Court of Justice or its Family Law Court branch. When applying for divorce, you can also ask the court to resolve other issues related to your relationship, such as spousal support, child support, parenting time (formerly custody and access), and property claims under the Family Law Act.
Understanding Religious Divorce in Canada
A religious divorce does not legally end a marriage in Canada. While some faiths require a religious divorce for remarriage, you still need a divorce order from a court to legally end your marriage in Canada.
Religious divorces are handled through places of worship or religious organizations. However, they do not provide a divorce certificate, which is issued by the court that processed the divorce application. Without this certificate, you cannot prove that your marriage has ended.
For instance, individuals seeking a Jewish divorce, or “Get,” must go through a local rabbinical court. This is separate from a legal divorce through the Canadian court system, which officially ends the marriage. While both legal and religious divorces may be necessary, only a legal divorce provides an official certificate of marriage termination.
Eligibility for Divorce in Ontario
To file for divorce in Ontario, you must meet the following legal requirements:
- Marriage status: You must be legally married in Canada or in another country recognized in Canada.
- Residency: One spouse must have lived in Ontario for at least one year before filing for divorce.
- Grounds for divorce: You must demonstrate one of the following:
- Separation: You and your spouse have separated and have lived apart for at least one year. In some cases, this can include living under the same roof while arranging the logistics of the separation.
- Adultery: One spouse has committed adultery.
- Cruelty: One spouse has treated the other with severe physical or mental cruelty, making it intolerable to continue living together.
If you share children with your spouse, you must have reasonable financial and parenting arrangements in place. The courts may deny granting a divorce if these arrangements are not addressed prior to filing. The courts always prioritize the best interests of the children in family law matters.
Contested vs. Uncontested Divorce in Ontario: What You Need to Know
Divorces in Ontario fall into two main categories: uncontested and contested. Understanding the difference can help you decide which option best suits your situation.
What is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on key issues like property division, spousal support, child support, and parenting arrangements. These divorces are typically simpler, faster, and less expensive than contested ones, often requiring few or no court appearances.
Spouses usually document their agreement in a separation agreement, avoiding court-imposed rulings.
However, an uncontested divorce may not suit everyone. If there are unresolved emotional conflicts, complex financial matters, or a history of abuse, this option may not provide adequate protection. In such cases, seeking advice from a legal professional is strongly recommended to ensure the parties’ interests are fully protected.
What is a Contested Divorce?
A contested divorce happens when spouses cannot agree on key issues and must go to court, where a judge resolves their disputes. This process is often time-consuming, complex, costly, and emotionally draining, involving multiple court appearances, extensive paperwork, and legal representation.
Private Mediation/Arbitration
Divorcing couples have alternatives to court, such as private mediation or arbitration. These options are often faster, less expensive, and less stressful than going to court. Mediation or arbitration allows couples to resolve disputes quickly, helping them move forward with their lives, which is particularly important when children are involved.
Do You Need a Lawyer?
Hiring a lawyer is crucial when spouses cannot resolve divorce-related issues amicably. A lawyer ensures your rights are protected and provides invaluable support during this challenging time. They can help negotiate better outcomes, represent you in court, guide you through the divorce process, reduce stress, prevent costly mistakes, and offer legally sound advice every step of the way.
Types of Uncontested Divorce in Ontario
In Ontario, there are two main types of uncontested divorces:
Simple Divorce (One Spouse Files)
A simple divorce is when one spouse files for divorce, and the only claim being made is to end the marriage. In most cases, both spouses already agree on key issues like property division, spousal support, child support, and parenting arrangements (if applicable).
However, the filing spouse does not need the other spouse’s consent to apply for divorce. That said, a simple divorce can become contested if the other spouse files a response (called an “Answer”) within the legal timeframe. This might happen if they disagree with the divorce or want to request things like financial support.
Unlike a joint divorce, the filing spouse is responsible for serving the divorce application to the other spouse.
Joint Divorce (Both Spouses File Together)
A joint divorce is when both spouses file for divorce together, agreeing on all matters related to the end of their marriage.
Since both spouses are in agreement to end their marriage, there’s no need to serve the divorce application.
Key Differences Between Simple and Joint Divorces
The main distinction lies in the process and level of cooperation:
- Simple Divorce: One spouse files and serves the other. Cooperation is minimal unless the other spouse contests by filing a response.
- Joint Divorce: Both spouses file together and collaborate throughout, with full agreement on all major issues from the start of the application, if these issues have not been already previously settled through a separation agreement.
How Long Does an Uncontested Divorce Take?
An uncontested divorce typically takes 4 to 6 months. Delays can occur due to court backlogs, missing financial or parenting arrangements, or incomplete paperwork.
How Long Does a Contested Divorce Take?
Contested divorces can take anywhere from 6 months to over 3 years—and longer if substantial assets are involved. High-profile cases, like Brad Pitt and Angelina Jolie’s, highlight just how lengthy and complex these disputes can be. Their divorce, which included battles over assets like a co-owned vineyard, turned into an 8-year legal saga.
Why do contested divorces take so long? Factors include court schedules, backlogs, case complexity, and whether you’re self-represented or have legal counsel. Contested divorces are typically more adversarial, stressful, and costly, often requiring court intervention to resolve disputes.
Divorce Costs in Ontario
As of January 2023, filing for a divorce in Ontario costs $669, which includes:
- $224 for filing the application
- $445 for scheduling a hearing
If you need a certificate of divorce, there’s an additional $25 fee.
In addition to the filing fees, there are also process serving fees to serve the application, which are determined by the process server company based on the number of attempts it takes to serve the other spouse; mileage to the spouse’s address and return; and completing any necessary paperwork to prove that personal service has been effected on the other spouse, such as an affidavit of service that must be filed with the court. Alternatively, if you wish to save on process server fees, you can have a friend or family member over the age of 18 serve the application personally on the other spouse, and your friend or family member will need to seek the assistance of a commissioner of oaths to swear an affidavit of service. You can locate a commissioner of oaths at a family law firm, a courthouse, or your local city hall.
However, for contested divorces, the costs can rise significantly, often reaching thousands of dollars. These cases require lengthy legal battles, multiple court appearances, and additional expenses like hiring expert witnesses to value assets or provide specialized testimony. While most contested divorces won’t rack up Hollywood-level bills, the stress and financial strain can still take a toll.
Forms Required to File for Divorce in Ontario
To file an uncontested divorce, Form 8A: Application (Divorce) is required. This form is used for both simple (filed by one spouse) and joint (filed by both spouses) divorce applications.
If there are unresolved matters between the spouses, Form 8: General Application must be completed instead. Additional forms may also be needed depending on the unresolved disputes. For instance, if spousal support is being sought, the spouse seeking spousal support must complete Form 13: Financial Statement (Support Claims).
A Form 6B: Affidavit of Service will need to be completed and signed before a commissioner of oaths once personal service has been completed on the other spouse.
If the divorce is uncontested, you will need to complete a Form 36: Affidavit for Divorce and a Form 25A: Divorce Order once 30 days have passed from the date that your spouse was personally served with your application (60 days if served outside Canada or the U.S.). Form 36: Affidavit for Divorce is signed before a commissioner of oaths.
Once you receive an issued Form 25A: Divorce Order, you may apply for a Form 36B: Certificate of Divorce. While this step is not necessary to complete, you will require this certificate if you wish to remarry.
All family law forms are available on the Ontario government’s website.
Filing Deadlines for Divorce Applications
There are no strict deadlines to file for a divorce. However, if you plan to seek an equalization payment, you need to file within:
- Six years from your separation date, or
- Two years after your divorce is finalized, whichever comes first.
Your Next Steps Towards Resolution
Divorce can feel like an uphill climb, but you don’t have to navigate it alone. By understanding the process and knowing your options, you’re already taking the first steps towards moving forward into the next chapter of your life—and that’s something to be proud of.
Looking for extra support? Our Separation Agreement (Married Couples) Template is a cost-effective tool to help you, and your partner, create a clear, personalized agreement. It’s ideal for amicable separations.
Divorce is never easy, but with the right resources and support, you can move forward into your next chapter with confidence and peace of mind. You’ve got this.
Disclaimer: The content provided on this blog is for informational purposes only and is not intended to be, and should not be taken as, legal advice. The discussions and insights featured herein are meant to enhance your understanding of legal matters in a general context. However, each legal issue has its own unique set of facts and circumstances and should be discussed with a qualified legal professional. For advice tailored to your specific situation, please contact a lawyer of your choice. Use of this blog does not create a lawyer-client relationship between you and the authors of this website.