# How to File for Divorce in Ontario Without a Lawyer Many people in Ontario file for divorce on their own, without a lawyer. If your situation is relatively straightforward and you and your ex aren't fighting over children, support, or property, a "do-it-yourself" divorce can be realistic. This guide walks you through the basics of filing for divorce in Ontario without a lawyer and points you to trusted resources if you need help along the way. ## Check If You Qualify to Divorce in Ontario Divorce in Canada is governed by the federal **Divorce Act**, but each province controls the procedure and forms. According to Justice Canada, you can usually apply for a divorce in Canada only if you are legally married, your marriage has broken down, and you or your spouse lived in the province or territory where you apply for at least 1 full year immediately before starting the case. The **most common way** to show that the marriage has broken down is by living apart for **1 year or more**. This is one of the three grounds for divorce under the Divorce Act. In Ontario you generally need to be legally married, have lived apart for at least 1 year by the time your divorce is granted, you or your spouse has lived in Ontario for at least the last 12 months immediately before you start your divorce case, and have basic arrangements about child support and parenting if you have children. If you don't meet these conditions, or if your situation is complex, it's especially important to [get legal advice](/blog/how-to-choose-a-divorce-lawyer-in-ontario). ## Decide Whether "Simple" or "Joint" Divorce Makes Sense For most people with no major disputes, there are two main options. A [simple divorce](/glossary#letter-s) (single-party application) is when one spouse applies for divorce only, with no other orders and serves the other spouse with the court documents. This is common when one person is taking the lead. A **joint divorce** is when both spouses apply together, and you can sometimes ask for support or parenting orders if you both agree. This can be simpler if you agree on everything and are still able to cooperate. CLEO's Guided Pathways can help you figure out which option fits your situation and then automatically fill in the correct forms for you. ## Gather Your Key Documents Before you start filling out forms, try to gather your **marriage certificate** or registration of marriage. You'll also need proof that you or your spouse has lived in Ontario for at least 1 year, such as a lease, tax return, or utility bill. Collect any existing **separation agreement** or court orders about parenting, support, or property. You'll need the information on these documents when you complete the court forms. ## Find and Complete the Correct Forms ### Where to Get the Forms Ontario's **Family Law Rules** have standard court forms for divorce. You can download them from the official Ontario Court Forms website for Family Law(https://ontariocourtforms.on.ca/en/family-law-rules-forms/). For a simple divorce you’ll need several forms, including Form 8A (Application for Divorce), Form 36 (Affidavit for Divorce), Form 25A (Draft Divorce Order), plus your original marriage certificate and a continuing record. The court’s Simple Divorce Application Checklist lists everything you need. CLEO's Guided Pathways can walk you through questions and then pre-fill many of these forms for you. ### Tips for Filling Out Forms Without a Lawyer Read the **Guide to Procedures in Family Court** from the Ministry of the Attorney General as you go. It explains how the forms fit into the process and includes examples. Use clear, factual language. Avoid long stories and emotional language. Focus on dates, events, and key facts. Double-check names, dates of birth, and addresses. Small mistakes can cause delays. ## File Your Application and Pay Court Fees You file your divorce application in the Superior Court of Justice, including the Family Court branch or Unified Family Court where those exist. The Ontario Court of Justice cannot grant a divorce. ### Court Filing Fees Ontario sets family court fees by regulation. As of early 2025, Ontario court fees for a divorce include a $214 application fee and a $445 fee when your application is placed on the list for a judge to review. Fees can change, so always double-check the latest amounts on the Ontario family court fees page. There may be additional small fees for things like getting certified copies or a [divorce certificate](/glossary#letter-c). Always check the most recent information on the Ontario family court fees page. If you **cannot afford the fees**, you can apply for a **fee waiver**. The Ministry's fee waiver page explains that the court can waive fees if you meet certain financial conditions. If cost is a major concern, you may also want to read about [the least expensive way to get divorced in Ontario](/blog/least-expensive-way-to-get-divorced-in-ontario). You can now submit most family court forms, including a divorce application, online through Justice Services Online (Family Submissions Online). You can also file in person or by mail if online filing is not available for your documents or location. ## Serve Your Spouse and File Proof of Service If you're doing a **simple divorce**, you must "serve" your spouse with the filed application and any other required documents. In most cases, **you cannot serve them yourself**. Another adult or a professional process server must do it and complete an **Affidavit of Service**. The Guide to Procedures in Family Court explains how service works and what forms to use. After service, you file the **Affidavit of Service** and any other required forms such as the completed Form 36 Affidavit for Divorce. Your spouse usually has **30 days** to respond if they live in Canada or the U.S., or **60 days** if they live elsewhere. The exact timelines come from the Family Law Rules. If they do not respond and you have filed all the required documents, your divorce may proceed as an **uncontested** case. ## Wait for the Judge's Decision and Divorce to Take Effect Once all documents are filed, a judge reviews your application. For uncontested divorces, there is often **no in-person hearing**. The judge makes a decision based on the paperwork. Justice Canada explains that in most cases a divorce **takes effect 31 days after the judge grants the divorce order**. After that 31-day period, you can ask the court for a **divorce certificate**, which you may need if you want to remarry or to update some official records. If you're wondering about timelines, you can also read about [the quickest way to get divorced in Ontario](/blog/quickest-way-to-get-divorced-in-ontario). ## When to Get Help Even If You're Mostly DIY Filing your own divorce does **not** have to mean doing everything alone. Consider getting legal advice if you have children and are unsure whether your parenting or support arrangements are legally adequate. You should also seek help if you or your ex own a home, pension, or significant investments, if there is family violence, or if you receive court documents you don't understand. Options for low-cost help include the **Law Society Referral Service** which connects you with a lawyer who offers a free 30-minute consultation. **Legal Aid Ontario** may provide legal help to low-income people in family cases, including duty counsel at the courthouse. **Family Law Information Centres (FLICs)** at many courthouses provide free information about separation, divorce, and related family law issues. **CLEO's Steps to Justice** offers plain-language online information and Guided Pathways that help you fill out forms. ## Key Takeaways You **can** file for divorce in Ontario without a lawyer, especially in straightforward, uncontested cases. You must usually meet the **1-year residency** and **1-year separation** requirements before a divorce can be granted. Court fees for a divorce currently include a **$214 application fee** and a **$445 hearing/listing fee**, with possible fee waivers if you cannot afford them. A divorce usually **takes effect 31 days** after the order is granted. Even if you're self-represented, getting **targeted legal advice** at key moments can save time, money, and stress.