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How to File for Divorce in Ontario: Step-by-Step Guide

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1. Eligibility and Qualification

Under Canada’s federal Divorce Act, you can file in Ontario if one spouse has lived in Ontario for ≥1 year. You must also prove the marriage has broken down. In practice, most couples use “no-fault” one-year separation as the reason. The other breakdown grounds are mental or physical cruelty, or adultery, but these are less common. You do not need to prove fault – a declaration that you have lived separate and apart for one year is sufficient. If children are involved, the court will ensure reasonable custody/support arrangements are made, but those issues are handled within the divorce process.

2. Types of Divorce Application

If you only seek to end the marriage (no concurrent claims for child support, spousal support or property), you file a divorce-only application. In Ontario this is on Form 8A: Application (Divorce). If both spouses agree on all terms (including support and custody), you may file a joint divorce application using the same form. If issues are contested, you must use a General Application (Form 8) and follow the contested process. In this guide, we focus on the standard (uncontested) divorce steps.

3. Required Forms and Documents

Key documents for a standard divorce include:

  • Form 8A (Application – Divorce): The main divorce application form.
  • Form 10 (Answer): Blank form for the responding spouse (filed only if they contest).
  • Form 36 (Affidavit for Divorce): Sworn statement of facts in support of the divorce.
  • Form 6B (Affidavit of Service): Proof of how and when you served documents on your spouse.
  • Form 25A (Draft Divorce Order): Your proposed final order, typed.
  • Marriage Certificate: The original Ontario marriage certificate or registration. This must be filed with the court; without it, the divorce cannot be granted.

All official forms are available from the Ontario Court Forms website. If you married outside Canada, also include translations or proof of any prior divorces as required.

4. Filing the Application

File all completed forms at the Ontario Superior Court of Justice (Family Court) serving your area. You may file in person or electronically (the Ontario Courts Public Portal covers Toronto; elsewhere, use Justice Services Online). When filing, you must pay fees totaling $224 ($214 application fee + $10 registration fee). (If you qualify for financial relief, you may request a fee waiver.) The court clerk will review your documents and, if everything is complete, issue your application: they assign a court file number and seal the forms. At this point, the court forwards information to the federal Divorce Registry to obtain a Clearance Certificate – this ensures neither party has already started another divorce. (The divorce cannot proceed until this certificate is obtained, a process that typically takes 4–6 weeks.)

5. Serving Your Spouse

Once the court issues the application, you must formally serve the divorce papers on your spouse. You must serve:

  • The issued Form 8A (your application).
  • A copy of the Continuing Record (table of contents of documents filed).
  • A blank Form 10 (Answer).

Service must be done by an adult (over 18) other than you. You may ask a friend, relative, or hire a process server. You cannot serve the documents yourself. After service, that person must complete and swear Form 6B (Affidavit of Service) detailing when and how service was done, and you file the Form 6B with the court.

You should serve the papers as soon as possible, and no later than 6 months after the application was issued. If your spouse lives outside Canada (or in Quebec), different rules or the Hague Convention may apply, and the waiting period extends (see below).

6. Timelines and Waiting Periods

After your spouse is served, they usually have 30 days to respond. (If served outside Canada/USA, they have 60 days.) You must wait for this period to expire before moving forward if your spouse does not answer. No divorce can be granted while a response period is active.

7. Responding or Default Judgment

If your spouse files a Form 10 Answer, the case becomes contested, and you will follow the usual family court steps (exchanging financial affidavits, custody plans, etc.), often requiring a lawyer. If no answer is filed by the deadline, you continue with a default divorce. To do this, file the following with the court:

You must also pay an additional $445 fee at this stage (hearing list fee). (Again, you may apply for a waiver if needed.) The clerk will verify everything is in order. Once filed, the case is forwarded to a judge for decision.

8. Final Divorce Order

When the judge reviews your case, if all requirements are met, they will sign the Divorce Order. The court then mails certified copies of the order to both parties. Important: The divorce is not final immediately. By law it takes 31 days after the order is granted to become effective (the mandatory waiting period for an uncontested divorce). During those 31 days you are still legally married. After that period, the divorce is official and you can request a Divorce Certificate from the court for a small fee.

9. Fees and Costs

  • Application Fee: $214 plus $10 registration = $224.
  • Hearing Fee: $445 (for placing the case on the court list).
  • Additional: $25 for a divorce certificate, plus any process-server or publication costs. (Clerk’s office may have a separate fee for initial filing—check local court information. UNSPECIFIED/VERIFY exact current fee.)
  • Fee Waivers: Ontario courts allow fee waivers if you meet financial criteria.

10. Common Mistakes to Avoid

  • Not filing the marriage certificate: Ontario requires the original marriage certificate (or equivalent registration) before granting divorce. Forgetting it will stall the case.
  • Improper service: Serving documents yourself (or by someone under 18) invalidates service. Hire a proper server and file Form 6B.
  • Missing deadlines: Allowing the 30/60 day response period to lapse without following up can jeopardize your default divorce.
  • Incomplete documents: Omitting any required form (like Form 6B) or incomplete information means the court will reject your filing.

Checklist

  • Confirm 1-year Ontario residency.
  • Select correct form (Form 8A for divorce-only).
  • Fill and sign all forms (8A, 36, 6B, 25A) and get marriage certificate.
  • File forms with SCJ and pay $224 (or apply for waiver).
  • Serve documents to spouse and file Form 6B.
  • Wait 30 days (60 if spouse abroad).
  • If no response, file Form 36, 25A, etc. and pay $445.
  • Obtain Divorce Order; remember the 31-day waiting period.

FAQs

Q: Do I need to prove fault to get a divorce? 

No. You typically only need to prove the marriage broke down (e.g. one year of separation). The law is “no-fault,” so you don’t have to blame your spouse.

Q: How long will this take? 

Even an uncontested divorce takes several months. There’s a mandatory ~4–6 week wait for the Clearance Certificate, the 30-day response period, and the 31-day waiting period after judgment. Plan on at least 4–6 months. Contested cases can be much longer.

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