# Divorce Papers in Ontario: Forms You Actually Need (And What They're For) If you've tried to figure out which forms you need for a divorce in Ontario, you've probably felt overwhelmed. The Ontario court system uses dozens of family law forms, each with a number like "Form 8A" or "Form 36." Some websites list ten or more forms. Others say you only need three. The confusion is understandable. Which forms you actually need depends on your specific situation: whether your divorce is contested or uncontested, whether you have children, whether you're claiming support or property, and whether you're filing alone or jointly with your spouse. This guide cuts through the confusion. We'll explain which forms you need for the most common divorce scenarios, what each form is for, and where to get them. ## The Basic Categories of Divorce Before diving into forms, you need to know which type of divorce process applies to you. **Simple divorce (sole application):** You file alone, asking only for the divorce itself. Your spouse is served with the documents and can choose to respond or not. If they don't respond or don't oppose, the divorce proceeds as uncontested. You use **Form 8A**. **Joint divorce:** You and your spouse file together, asking only for the divorce. You both sign the application. This is only available when you agree on everything. You use **Form 8A**. **Divorce with other claims:** You're asking for the divorce plus other relief like child support, spousal support, parenting orders, or property division. You use **Form 8** (the general application form). **Contested divorce:** Your spouse opposes the divorce or you disagree on related issues. This involves more forms and court appearances. The vast majority of divorces in Ontario are uncontested. Even if you file alone (simple divorce), your spouse may simply not respond, which allows the divorce to proceed without a trial. ## Forms for a Simple Uncontested Divorce (No Children, No Other Claims) This is the most straightforward scenario: you're asking for a divorce only, you have no dependent children, and you're not claiming support or property division through the divorce proceeding. ### Required Forms **Form 8A: Application (Divorce)** This is your main application for a divorce-only case. It tells the court who you are, when you married, when you separated, and that you're asking for a divorce. Form 8A is specifically for cases where divorce is the only claim. **Form 36: Affidavit for Divorce** This is your sworn statement confirming the facts in your application. You sign it in front of a commissioner of oaths (which can be a lawyer, notary, or court staff). It confirms things like the date of separation, that there's no chance of reconciliation, and that you've made arrangements for any children (or that there are none). **Form 25A: Divorce Order** This is the draft order you want the judge to sign. You prepare it in advance showing what you're asking for. If the judge grants the divorce, they sign this form (or a modified version). **Form 6B: Affidavit of Service** After you serve your spouse with the application, you need proof that service happened. The person who served the documents (not you—you cannot serve your own spouse) completes this form describing when, where, and how they served your spouse. ### Also Required: Marriage Certificate and Fees You'll need your **original marriage certificate** or a certified copy. If it's not in English or French, you'll need a certified translation. Court fees apply: the application filing fee, the registrar's fee for issuing the divorce, and the fee for registration with the Central Divorce Registry. For current fee amounts, check the Ontario court website or see our guide on [how much a simple divorce costs in Ontario](/blog/how-much-does-a-simple-divorce-cost-in-ontario). ## Forms for a Simple Uncontested Divorce (With Children, Divorce Only) If you have dependent children (under 18, or over 18 but still dependent) but you're only asking the court for the divorce itself (not asking for parenting orders or child support through this proceeding), you still use Form 8A but need additional information. ### Required Forms All the forms listed above for a divorce without children, **plus:** **Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact)** If you're asking for parenting orders as part of your divorce, you need this form. It provides detailed information about the children, their living arrangements, and parenting history. However, if you're **only** asking for a divorce and not asking the court to make parenting orders (because you already have arrangements in place through a separation agreement or you're not seeking court-ordered parenting terms), you may not need Form 35.1. Check with the court about requirements for your specific situation. **Child support information** Even if you're not asking the court to order child support, you need to show the court that reasonable arrangements have been made for child support before the court will grant the divorce. This might be documented in your Form 36 affidavit or through a separation agreement you attach. ## Forms When You're Claiming Support, Property, or Parenting Orders If you're asking for child support, spousal support, parenting orders (decision-making responsibility or parenting time), or property division as part of your divorce application, you generally start with **Form 8** (Application (General)) rather than Form 8A. Form 8 is the broader application form used when you're claiming more than just the divorce itself. ### Financial Statement Forms **Form 13: Financial Statement (Support Claims)** Use this if you're claiming support only, not property. **Form 13.1: Financial Statement (Property and Support Claims)** Use this if you're claiming property division (equalization) in addition to or instead of support. These forms are detailed. You list all your income, expenses, assets, and debts. They must be accurate and complete—financial disclosure is mandatory in Ontario family law. See our guide on [property division in Ontario](/blog/dividing-property-ontario-separation-divorce) for more context. **Form 13A: Certificate of Financial Disclosure** This form certifies that you've provided all required financial disclosure to the other party. It's typically required when support or property is in issue. ### Net Family Property Statement **Form 13B: Net Family Property Statement** If you're claiming property division, you'll eventually need this form, which calculates each spouse's [net family property](/glossary#letter-n) and the equalization payment. ### Support Deduction Forms If the court orders support, additional forms come into play: **Support Deduction Order** and **Support Deduction Order Information Form** These forms set up automatic deduction of support payments through the Family Responsibility Office (FRO). The support deduction order directs the payor's income source to send payments to FRO. See our guide on [how FRO works](/blog/child-support-ontario-fro-enforcement) for more on enforcement. ### Parenting Forms **Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact)** Required when you're asking for parenting orders. ### Comparison: Claiming Through Divorce vs. Separation Agreement Many people handle support and property through a [separation agreement](/blog/separation-agreement-ontario-what-to-include) rather than through the divorce proceeding itself. This keeps the divorce simpler (fewer forms) and gives you more control over the terms. If you have a separation agreement that covers everything, your divorce application can focus just on the divorce itself (using Form 8A), and you can reference the agreement to show the court that arrangements have been made. ## Forms for a Joint Divorce A joint divorce is when both spouses file together and agree on everything. This is often the simplest path if you and your spouse are cooperative. ### Required Forms **Form 8A: Application (Divorce) - Joint** Similar to the sole application, but both spouses are listed as applicants and both sign. There's no respondent because you're both applying together. This is for divorce-only applications. **Form 36: Affidavit for Divorce** Each spouse completes their own Form 36, or you may complete a joint affidavit depending on the court's requirements. Check with your local court. **Form 25A: Divorce Order** Same as above—the draft order you're asking the judge to sign. **No Form 6B needed** Because both spouses are applicants, there's no need to serve the other spouse. You're filing together. ### Benefits of Joint Divorce Joint applications can be faster because there's no waiting for a response period. Your spouse doesn't need to be served. And it signals to the court that this is truly uncontested. The downside is that it requires cooperation. Both spouses need to sign documents and coordinate. ## Forms for a Contested Divorce If your spouse opposes the divorce or you disagree on issues like support, property, or parenting, the process is more complex and involves additional forms. ### Response Forms **Form 10: Answer** If you're the respondent (your spouse filed first) and you want to dispute something or make your own claims, you file an Answer. This is your formal response to their application. **Form 10A: Reply** If your spouse files an Answer that includes new claims against you, you may file a Reply responding to those claims. ### Financial Disclosure (Again) In contested matters, both parties must file Financial Statements. Disclosure requirements are strict. ### Parenting Forms **Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact)** Required when parenting issues are contested. ### Conference and Motion Forms Contested divorces typically involve case conferences, settlement conferences, and possibly trial. Each stage may require additional forms: **Form 17: Conference Notice** **Form 14: Notice of Motion** (if you need to bring an urgent issue to the court) **Form 14A: Affidavit (General)** (supporting your motion) Contested divorces are significantly more complex. If you're facing a contested divorce, you likely need a [family law lawyer](/blog/how-to-choose-a-divorce-lawyer-in-ontario) or at least some professional guidance. ## The Central Divorce Registry Before a divorce can be granted, the court must confirm through the **Central Divorce Registry** in Ottawa that no other divorce proceeding between the same parties is underway elsewhere in Canada. The court handles the registration process. You pay the registration fee as part of your court fees. There's a waiting period while the registry confirms there are no conflicting proceedings. This can take several weeks. After the divorce is granted, the court clerk completes a **Certificate of Clerk (Divorce)** (Form 36A) which confirms various procedural steps were completed. This is an administrative form the clerk handles, not something you typically fill out yourself. This registry process is one reason divorces take time even when they're uncontested. ## Where to Get the Forms ### Ontario Court Forms Website The official source is **ontariocourtforms.on.ca**. All current family law forms are available there in fillable PDF format. Make sure you're using the most recent version of each form. Forms are updated periodically, and using an outdated version can cause problems. ### Court Staff Can Help (But Can't Give Legal Advice) Court staff at the courthouse can tell you which forms you need for your situation and help you understand procedural requirements. However, they cannot give you legal advice about your case. ### Family Law Information Centres (FLICs) FLICs, located at many Ontario courthouses, can help you understand which forms you need and provide general information about the process. See our guide on [free and low-cost family law help in Ontario](/blog/free-low-cost-family-law-help-ontario). ### CLEO's Guided Pathways Community Legal Education Ontario offers **Guided Pathways** at stepstojustice.ca. These online tools walk you through questions about your situation and help identify which forms you need. Some pathways even help you fill in the forms. ## Filing Your Forms ### Where to File To apply for divorce in Ontario, at least one spouse must have lived in Ontario for at least **one year** before applying. You file your divorce application at the **Superior Court of Justice** in Ontario at the appropriate court location for your area. In some locations, the Superior Court of Justice has a Family Court branch. In others, family matters are heard in the regular Superior Court. Check which court location is appropriate for where you live. ### Electronic Filing Ontario has been expanding electronic filing options. Some divorce documents can now be filed online through the Justice Services Online portal. Check whether your forms are eligible for online filing, as not all documents qualify and not all courts participate. ### Filing Fees Filing fees are due when you submit your application. Current fees include an application fee, a registrar fee when you file the final divorce materials, and the Central Divorce Registry fee. See the [Ontario court website](https://www.ontario.ca/page/court-fees) for current amounts. Fee waivers may be available if you can't afford the fees. Ask the court about the process. ## Common Form Mistakes to Avoid ### Using the Wrong Form Make sure you're using the correct form for your situation. **Form 8A** is for divorce-only applications. **Form 8** is for applications that include other claims like support, property, or parenting. Using the wrong one can cause delays. ### Using Outdated Forms Check that you have the current version. Outdated forms may be rejected. ### Incomplete Information Fill out every required section. If something doesn't apply, write "N/A" rather than leaving it blank. ### Forgetting to Sign or Commission Forms that require signatures must be signed. Affidavits must be commissioned (signed before a commissioner of oaths). An unsigned or uncommissioned form is not valid. ### Not Making Enough Copies You typically need the original for the court, a copy for your spouse (for service), and a copy for yourself. Some forms require additional copies. ### Serving Documents Yourself You cannot serve your own spouse. Someone else must do it and complete the Affidavit of Service (Form 6B). ## Summary: Forms by Situation ### Simple Divorce, No Children, No Other Claims (Form 8A) - Form 8A: Application (Divorce) - Form 36: Affidavit for Divorce - Form 25A: Divorce Order - Form 6B: Affidavit of Service - Marriage certificate - Court fees ### Simple Divorce with Children, Divorce Only (Form 8A) All of the above, plus: - Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact) — if seeking parenting orders - Information showing child support arrangements ### Joint Divorce (Form 8A) - Form 8A: Application (Divorce) - Joint - Form 36: Affidavit for Divorce (both spouses) - Form 25A: Divorce Order - Marriage certificate - Court fees - (No Form 6B needed) ### Divorce with Support, Property, or Parenting Claims (Form 8) - Form 8: Application (General) - Form 36: Affidavit for Divorce - Form 25A: Divorce Order - Form 6B: Affidavit of Service - Form 13: Financial Statement (support only) OR Form 13.1: Financial Statement (property and support) - Form 13A: Certificate of Financial Disclosure - Form 13B: Net Family Property Statement (for property claims) - Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact) — if parenting orders sought - Support Deduction Order forms (if support is ordered) - Marriage certificate - Court fees ### Contested Divorce All applicable forms above, plus potentially: - Form 10: Answer - Form 10A: Reply - Form 17: Conference Notice - Form 14/14A: Notice of Motion and Affidavit - Additional forms as proceedings develop ## When to Get Help If your divorce is truly simple—no children, no property disputes, spouse isn't opposing—you may be able to handle the forms yourself using the resources described above. If there are complicating factors—children, property, disagreements, urgency, or complexity—consider getting help. Options include: **Unbundled legal services:** A lawyer helps with specific tasks (like reviewing your forms) without representing you for the whole case. See our guide on [unbundled legal services](/blog/unbundled-limited-scope-family-lawyers-ontario). **Legal Aid Ontario:** If you qualify financially, you may get help with more complex matters. See [free and low-cost family law help](/blog/free-low-cost-family-law-help-ontario). **Hiring a lawyer:** For contested matters or complex situations, full representation may be worthwhile. See [how to choose a divorce lawyer in Ontario](/blog/how-to-choose-a-divorce-lawyer-in-ontario). Even if you're doing everything yourself, a one-time consultation with a lawyer can help you make sure you're using the right forms and haven't missed anything. ## Key Takeaways The forms you need depend on your situation: **divorce only** (Form 8A), **divorce with other claims** (Form 8), **joint divorce** (Form 8A joint), or **contested divorce**. For a basic uncontested divorce without children or other claims, the core forms are **Form 8A** (Application), **Form 36** (Affidavit for Divorce), **Form 25A** (Divorce Order), and **Form 6B** (Affidavit of Service). If you're claiming **support, property, or parenting orders**, you generally use **Form 8** (Application (General)) instead of Form 8A, plus Financial Statement forms (Form 13 or 13.1), Form 13A (Certificate of Financial Disclosure), and other forms as needed. With **children**, you may need **Form 35.1** (Affidavit for Decision-Making Responsibility, Parenting Time, Contact) and must show arrangements for child support. **Joint divorces** don't require an Affidavit of Service since both spouses file together. **Contested divorces** involve additional forms including Answer (Form 10), Reply (Form 10A), and various conference and motion forms. To apply for divorce, at least one spouse must have lived in **Ontario for at least one year** before applying. Get forms from **ontariocourtforms.on.ca**. Make sure you're using current versions. Use resources like **FLICs**, **CLEO's Guided Pathways**, and the **Law Society Referral Service** if you need help understanding which forms apply to your situation. Common mistakes include using the wrong form (Form 8 vs 8A), using outdated forms, leaving sections blank, forgetting to commission affidavits, and trying to serve your own spouse. ### Disclaimer This article provides general information about divorce forms in Ontario. It is not legal advice. Court forms and procedures can change. For current requirements, check the Ontario court website or speak with court staff. For advice about your specific situation, consult a family law lawyer.