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

Thinking About Divorce? Start Here

Ending a marriage is one of the most difficult decisions a person can make. If you have decided that divorce is the right path forward, understanding how the process works in Ontario will help you take confident, informed steps. This guide walks you through the legal requirements, the paperwork, and what you can expect from start to finish.

Are You Eligible to File for Divorce in Ontario?

Before you can file, the Divorce Act sets out a few baseline requirements. You must have been legally married — this includes marriages performed outside of Canada, provided they are valid where they took place. At least one spouse must have been ordinarily resident in Ontario for the 12 months immediately before filing.

You also need a legal ground for divorce. In Ontario, the most common ground is that you and your spouse have been separated for at least one year. The other available grounds are adultery and physical or mental cruelty. Most people choose the one-year separation route because it does not require proving fault.

Step 1: Decide Between a Simple or Joint Application

There are three types of divorce applications in Ontario. A simple divorce application is filed by one spouse and asks only for a divorce — no property, support, or custody issues. A joint application is filed together by both spouses who have already agreed on everything. A general application is used when one spouse files and also asks the court to decide related issues such as parenting time, support, or property.

Choosing the right type of application from the outset will save you significant time and cost.

Step 2: Gather Your Documents

You will typically need the following before you file:

• Your original marriage certificate (or a certified copy)
• If the marriage took place outside of Canada, an English or French translation of the certificate
• Your spouse’s full legal name and current address
• Information about any children of the marriage, including their dates of birth
• Financial information if support or property is in dispute

Step 3: Complete and File the Court Forms

Divorce applications are filed using forms prescribed by the Ontario Family Law Rules. The most common is Form 8A (a simple divorce) or Form 8 (a general divorce). You will file these forms with the Superior Court of Justice or the Family Court branch in the location where you or your spouse lives.

There is a court filing fee, plus a separate fee paid later in the process. As of 2026, total court costs typically range from approximately $670, but always confirm current fees on the Ontario government website.

Step 4: Serve Your Spouse

Once filed, your spouse must be served with the divorce documents. Service must be carried out by someone other than you who is at least 18 years old. Your spouse then has 30 days (or 60 days if they live outside Canada or the United States) to respond. If they do not respond, you can move forward with the process without their participation.

Step 5: Request the Divorce Order

If no issues are contested and all paperwork is in order, you can file an Affidavit for Divorce asking a judge to grant the divorce based on the documents alone. No court appearance is usually required for an uncontested simple divorce.

Once the judge signs the divorce order, you must wait 31 days for it to take effect. After that, you can request a Certificate of Divorce, which is the official document proving you are divorced and free to remarry.

How Long Does an Ontario Divorce Take?

A straightforward uncontested divorce typically takes between four and six months from filing to receiving the Certificate of Divorce. Contested divorces — where issues like custody, support, or property are in dispute — can take a year or more, and sometimes much longer.

Why This Matters to You

Even a “simple” divorce involves strict procedural rules, deadlines, forms, and an understand of its effects such as on limitation periods. It may even affect your child support obligations in the event that children are involved. Mistakes can delay your divorce by months or result in your application being rejected. Working with an experienced Ontario family lawyer ensures the process is handled correctly the first time.

If you are considering divorce or have questions about your specific situation, contact the Toronto family lawyers at Soica & Associates.

This article is intended for general informational purposes only and does not constitute legal advice. Laws may change, and outcomes vary depending on individual circumstances. Please consult a qualified family law lawyer at Soica & Associates for guidance specific to your situation.