Understanding Eligibility and Grounds for Divorce in Ontario
Before starting a divorce application, you must ensure you meet the basic eligibility criteria under Canadian law:
- Legal Marriage: Only legally married spouses can get a divorce. If you are not legally married (for example, common-law partners), you do not need a divorce – only married couples require a court order to end the marriage.
- Residency Requirement: At least one spouse must have lived in an Ontario (Canadian) province for a minimum of one year before applying for a divorce. This means if you live in Richmond Hill, for instance, you or your spouse should have resided in Ontario for 12 months or more prior to filing.
- Marriage Breakdown: You must demonstrate that your marriage has broken down irretrievably under one of three legally recognized grounds:
- Separation for at least one year – You and your spouse have lived separate and apart for at least 1 year with no intention of reuniting. This is the most common ground in no-fault divorces. (Notably, you can start the process before a full year passes as long as the year of separation has elapsed by the time the divorce is granted. Also, spouses may live in the same house during the separation period as long as they lead separate lives.)
- Adultery – Your spouse committed adultery and you have not forgiven them for it.
- Cruelty – Your spouse has been physically or mentally cruel to you, making it intolerable to continue living together.
If any one of these conditions is met, you have legal grounds to file for divorce in Ontario. Most couples use the “one-year separation” as the reason, since Canada has a no-fault divorce system – you generally don’t need to prove wrongdoing for the divorce to be granted. Keep in mind that Ontario courts will only finalize a divorce if proper arrangements have been made for any children of the marriage, such as reasonable child support plans. This is to ensure that children are taken care of before the marriage is legally dissolved.
Types of Divorce: Uncontested, Contested, and Joint Applications
When preparing to apply, it helps to understand the type of divorce you will be filing for, as it affects the process and paperwork:
- Uncontested Divorce
This is the simplest scenario. An uncontested divorce (sometimes called a “simple divorce”) means you are asking only for a divorce order and both spouses are in agreement about the divorce and all related issues. There are no disputes over child custody, support, property division, etc., or those issues have already been settled in a separation agreement. Uncontested divorces are faster and less costly because there’s nothing for the court to decide besides granting the divorce. Many joint divorce applications (where both spouses apply together) fall into this category.
- Contested Divorce
A divorce is contested when spouses disagree on important issues such as property division, child decision-making responsibility (custody), parenting time, child support, or spousal support. In a contested divorce, the court may need to resolve these disputes, which can involve multiple hearings or conferences and take more time. You can still start the divorce application even if not everything is resolved, but the process may be more complex if there are outstanding issues. Often, people will file for divorce and simultaneously ask the court to decide on the related matters if no agreement is in place.
- Joint vs. Sole Application
In Ontario, you can file a divorce application either on your own (sole application) or together with your spouse (joint application). In a joint divorce application, both spouses sign and submit the forms together, which implies both agree to the divorce and its terms. Joint applications are typically uncontested and do not require one spouse to formally serve divorce papers on the other, since you’re cooperating from the start. A sole application means one spouse (the Applicant) files for divorce against the other spouse (the Respondent). If filing alone, you’ll need to have the documents issued by the court and then officially delivered to (served on) your spouse, giving them an opportunity to respond.
Understanding which category your situation falls into (uncontested vs. contested, joint vs. sole) will determine the forms you fill out and the steps needed. Next, we’ll walk through the step-by-step process of applying for a divorce in Ontario.
Steps to Apply for a Divorce in Ontario
Once you are sure you meet the requirements and have decided on the type of application, you can proceed with the following steps. In Ontario, the divorce process involves preparing forms, filing them with the court, notifying your spouse, and obtaining the final divorce order. Below is a breakdown of each step in the application process:
Fill Out the Divorce Application and Gather Documents
The first step is to complete the necessary court forms for divorce and assemble your supporting documents. The primary form for a simple divorce is Form 8A: Application (Divorce). This form asks for basic information about you, your spouse, marriage details, and what you are requesting (a divorce, and any other claims if applicable).
If you are making a joint application with your spouse, you will also use Form 8A (there is a section to indicate it’s a joint filing). Along with the application form, you must provide an original marriage certificate (or a certified copy) from your marriage. The court will not grant a divorce without proof of the marriage, so if you cannot locate your original certificate, you’ll need to obtain a replacement or explain its absence in an affidavit. Depending on your circumstances, additional forms may be required:
- If you have children under 18 or are making claims about decision-making responsibility (custody) or parenting time, you need to attach Form 35.1: Affidavit detailing your proposed parenting plan.
- If you are seeking child support, spousal support, or property division, you typically must include a financial statement form to disclose income, assets, and debts.
- If your divorce is uncontested and you’re not asking for any other orders (no support or property claims), the process is simpler. In that case, the main documents are usually just Form 8A and your marriage certificate (and Form 35.1 if there are children, even if support is agreed).
- It’s also a good idea to gather any existing separation agreements or court orders related to your marriage (for example, prior support orders or arrangements). These might need to be filed or at least referenced in your application.
Take your time completing the forms accurately. Ontario’s family court forms are available online for download, and they come with instructions. Make sure names and dates match your official documents. Once filled out, make at least three copies of everything: one for the court, one to serve on your spouse, and one for your records.
File the Application at the Court (Issuance by the Court): After preparing the forms, the next step is to file your divorce application with the Ontario Superior Court of Justice (Family Court). In Ontario, divorces are handled by the Superior Court (Family Court branch), not the lower Ontario Court of Justice
You usually file in the court location for the municipality where either spouse lives. For example, if you live in Richmond Hill, your application would be filed in the Superior Court of Justice – Family Court at the local courthouse serving York Region (Newmarket). Ontario now offers an online filing service for divorce applications in many cases, which means you can submit your forms electronically without going to the courthouse. This online portal is convenient and operates through the provincial government’s website.
When you file the application (whether in-person at the court counter or online), you will need to pay the required filing fees. As of 2025, the Ontario government filing fees total $224.00 for a divorce application. This includes a $214 fee to file the application and a mandatory $10 fee to register the case with the federal Central Registry of Divorce Proceedings.
If you file in person, you can pay by cash, credit/debit, or money order. If you have a low income and cannot afford the fees, you can request a fee waiver application – if approved, your fees may be waived. The court clerk will review your documents to ensure they are complete. Once accepted, the court officially issues your application: they will assign a court file number, stamp your documents, and provide an issued copy back to you with the court’s seal and the filing date. (If you filed online, this will be done electronically and you’ll receive a confirmation and issued PDF copies via the portal or email.)
What happens after filing
The court will electronically send information to the federal Department of Justice’s Central Registry to obtain a Clearance Certificate. This certificate confirms that no other divorce proceeding has been started anywhere in Canada for you and your spouse. It usually takes a few weeks (often 4 – 6 weeks) for the clearance to come back. The court cannot grant your divorce until the Clearance Certificate is issued, so this creates a minimum waiting period in every case. Meanwhile, you can proceed to the next step of notifying your spouse.
Serve the Divorce Papers on Your Spous
If you filed a sole application, Ontario law requires that your spouse (the Respondent) be formally served with a copy of the divorce application and supporting documents after it’s been issued by the court. Serving means delivering the court-stamped documents to the other party in an approved way, so that they are officially notified of the divorce proceeding. You are not allowed to serve the documents yourself. Instead, you must have someone else who is 18 or older deliver them, or hire a professional process server.
The served package will typically include:
- (a) a copy of your issued Form 8A Application
- (b) a blank Form 10: Answer (which your spouse can use to respond)
- (c) any other relevant documents (like a blank Form 6 acknowledgment of service, if serving by mail/courier).
There are various methods to serve the documents – personal delivery, courier, sometimes email or special services – but all must follow the Family Law Rules for service. After service is completed, the person who served the papers must sign an Affidavit of Service (Form 6B) to prove when and how they delivered the documents.
You will file this affidavit with the court as proof that your spouse was served (this is required to move the case forward if they don’t respond). If you and your spouse filed a joint application, no service is necessary – since both of you have already signed the application, the court doesn’t require one spouse to give legal notice to the other.
After being served, your spouse has a chance to respond if they wish. The deadline for the Respondent’s answer is typically 30 days from when they were served (if served within Canada or the USA) or 60 days if they were served outside the country. During this period, you must wait and cannot proceed to finalize the divorce. If your spouse files an Answer objecting to claims or raising issues, the case may become contested and move towards case conferences or a trial. If they do not respond within the 30 days and you have an uncontested matter, you can then take the next steps to finalize the divorce.
Finalize the Divorce (Divorce Order and Certificate)
Once the waiting period has passed and any required documents (like the Affidavit of Service and Clearance Certificate) are in place, you can ask the court to finalize the divorce. In an uncontested divorce, this usually involves submitting Form 36: Affidavit for Divorce (sworn by the applicant) confirming the details of the marriage breakdown, service, and that all conditions are met for a divorce.
You will also prepare a draft Divorce Order for the judge to sign. Often, you don’t need to appear in court for an uncontested divorce; a judge can review the paperwork and issue a divorce judgment in writing. If all is in order (residency met, grounds proven by affidavit, any children are provided for, etc.), the judge will sign the Divorce Order.
The divorce takes effect 31 days after the judge grants the divorce order. This 31-day period is essentially an appeal period and waiting time required by law, after which the divorce is final. After it has taken effect, you or your lawyer can obtain a Certificate of Divorce from the court office, which is an official document proving you are legally divorced (often needed if you plan to remarry).
In a contested divorce scenario, the process to reach a final divorce order is more involved. The case might go through case conferences, settlement conferences, or a trial to resolve issues like support, property, or child custody if the spouses cannot agree. A judge may issue temporary orders along the way.
The divorce itself can still be granted once the major issues are decided (either by agreement or court decision). In many contested cases, couples reach a minutes of settlement or separation agreement that resolves their disputes.
This agreement can be filed with the court and the divorce can then proceed as uncontested. However, if litigation is needed, it will extend the timeline significantly. Once all issues are resolved and a divorce order is issued by the court, the same 31-day waiting rule applies before it’s final.
Throughout this process, staying organized and attentive to deadlines is important. Missing a step (like failing to serve properly or not filing a document) can delay your divorce. The Ontario government’s checklist for a simple divorce can be a helpful tool to track what you need.
Can You Apply for Divorce in Ontario Without a Lawyer?
Technically, yes. You are allowed to file for divorce on your own without hiring a lawyer – this is often called a “DIY divorce” when it’s an uncomplicated case. If your divorce is straightforward (for example, a simple joint divorce with no disputes), many people handle the paperwork themselves using the free forms and resources available.
Ontario’s online filing service and detailed guides (like Steps to Justice and government checklists) are designed to help self-represented individuals. However, there are important caveats to consider. Divorce and family law can become complex if there are any disagreements or legal issues beyond the basic divorce. It’s easy to make mistakes on forms or miss a required step, which can cause frustration or legal problems.
If your situation involves children, significant property, or support claims, or if you anticipate any conflict, it’s highly recommended to consult with a family lawyer. A lawyer will ensure your rights are protected and that all issues (division of assets, custody arrangements, etc.) are properly addressed as part of the divorce. Even in an amicable split, a lawyer can review your paperwork before you submit it, giving you peace of mind that everything is in order.
Benefits of having a divorce lawyer: An experienced divorce lawyer can provide valuable guidance at each stage – from explaining your options clearly, to helping negotiate a fair settlement, to filling out forms correctly and meeting court rules. They can advocate on your behalf in court if necessary and help avoid procedural delays. In short, while you can do it alone, having professional legal help often makes the process smoother and less stressful, especially if there are any complications.
Getting Help from Sutton Law (Conclusion)
Every divorce case is unique. While the steps above outline how to apply for a divorce in Ontario, you may have specific questions about your circumstances. It’s important to approach the process with the right information and support. Sutton Law is a Richmond Hill-based law firm with experience in Ontario family law and divorce proceedings. We understand that divorce can be an emotional and confusing time. Our team can guide you through the application process, help you prepare the necessary documents, and represent your interests to ensure you get the best possible outcome.
Applying for a divorce is as much about preparing for your future as it is about ending the past. By knowing what to expect and seeking help when needed, you can navigate Ontario’s divorce process with confidence. If you’re considering filing for divorce – or have already started and need advice – feel free to contact Sutton Law for a consultation. We are here to help make the legal process as straightforward as possible so you can focus on the next chapter of your life.