# How to Get a Divorce in Ontario: Step-by-Step Guide (From Separation to Final Order) Getting divorced in Ontario can feel overwhelming, especially when you're already dealing with the emotional weight of ending a marriage. But the process itself is more straightforward than many people expect, particularly if you and your spouse can agree on the major issues. This guide walks you through every step of getting divorced in Ontario, from the day you separate to the moment your divorce becomes final. Whether you're doing it yourself or working with a lawyer, understanding the full process helps you know what to expect and avoid common mistakes. ## Before You Start: Separation vs Divorce The first thing to understand is that [separation and divorce are not the same thing](/blog/separation-vs-divorce-in-canada-whats-the-real-difference). **Separation** is a fact. It happens the moment at least one person decides the relationship is over and starts living accordingly. You don't need paperwork or your spouse's agreement to be separated. **Divorce** is a court order that legally ends your marriage. You need a judge to grant it. You can be separated for years without ever getting divorced. Many people only pursue a divorce when they want to remarry or need legal closure. The divorce process in Ontario typically cannot be completed until you have been separated for at least **one year**, unless you're using a different ground for divorce. You can start the paperwork earlier, but the judge won't grant the divorce until that year has passed or another ground is established. ## Step 1: Confirm You Meet the Requirements Before filing for divorce in Ontario, make sure you meet the basic legal requirements. **Residency requirement:** Either you or your spouse must have lived in Ontario for at least **one year** immediately before starting the divorce application. **Grounds for divorce:** You must establish that your marriage has broken down. The most common ground is living separate and apart for at least one year. Other grounds include adultery or cruelty. These can let you apply without waiting one year, but they require proof and often make the case more complex and contentious. Most people use the one-year separation ground because it's simpler. For more details, see our guide on [grounds for divorce in Canada and how long you need to be separated](/blog/grounds-for-divorce-canada-how-long-separated). **Legal marriage:** You must have been legally married. If you were in a common-law relationship, you don't need a divorce because there's no marriage to end. Common-law couples have [different rights and processes](/blog/common-law-vs-married-ontario-separation-rights) for separation. ## Step 2: Decide What Type of Divorce You Need There are different paths to divorce depending on your situation. **Simple (uncontested) divorce** is when you and your spouse agree on everything, or your spouse simply doesn't contest the divorce. This is the most common type and can often be done without a lawyer. You file the paperwork, your spouse doesn't oppose it, and a judge grants the divorce based on the documents alone. **Joint divorce** is when both spouses apply together because they agree on the divorce and any related issues. This can be faster and simpler than a single-party application. **Contested divorce** is when your spouse opposes the divorce or you disagree on major issues like parenting, support, or property. This path involves court appearances, possibly a trial, and takes much longer. For a deeper comparison, see our guide on [uncontested vs contested divorce](/blog/uncontested-vs-contested-divorce-difference). Most people aim for an uncontested divorce because it's faster, cheaper, and less stressful. If your spouse simply ignores the application, that's usually treated as uncontested. If you're worried about a spouse who won't cooperate, read [what happens if your ex won't sign the divorce papers](/blog/what-if-my-ex-wont-sign-divorce-papers-ontario). ## Step 3: Sort Out the Related Issues (Or Decide to Deal with Them Separately) Divorce legally ends your marriage. But it doesn't automatically resolve parenting arrangements, child support, spousal support, or property division. These are related but separate issues. You have two main options. **Option 1: Resolve everything first, then divorce.** Many couples negotiate a separation agreement that covers parenting, support, and property before filing for divorce. Once everything is settled, the divorce itself becomes a simple administrative step. This is often the smoothest path if you can communicate with your spouse. For more on this approach, see our guide on [separation agreements in Ontario](/blog/separation-agreement-ontario-what-to-include). **Option 2: Divorce first, deal with other issues separately.** You can get divorced without resolving all the other issues. Parenting, support, and property can be handled through separate court applications or negotiations after the divorce. However, there are important warnings with Option 2. If you have children, the court may refuse to grant the divorce until **reasonable child support arrangements** are in place. The judge will want to see that the children's financial needs are being addressed. If property division is unresolved, be aware of **limitation periods**. In Ontario, you generally have 6 years from separation or 2 years from divorce (whichever comes first) to bring an [equalization claim](/glossary#letter-e). Divorcing first without addressing property could affect your rights. ## Step 4: Gather Your Documents Before you can file, you need certain documents and information. **Marriage certificate or registration:** You'll need your original marriage certificate or a certified copy. If you were married in Ontario, you can order one from ServiceOntario. If you were married elsewhere, you may need to obtain it from that jurisdiction. If you married abroad, see our guide on [getting divorced in Canada after marrying abroad](/blog/can-we-get-divorced-canada-married-abroad). **Proof of Ontario residency:** You'll need to show that you or your spouse has lived in Ontario for at least one year. This could be shown through a driver's license, lease, tax return, or utility bills. **Separation date:** You need to know the date you and your spouse started living separate and apart. This date matters for the one-year separation requirement and for property division calculations. **Information about your spouse:** You'll need your spouse's full legal name, birthdate, and current address for service. **Child information:** If you have children, you'll need their full names, birthdates, and details about current living arrangements and any existing support arrangements. **Existing agreements or orders:** Gather any separation agreement, court orders, or other legal documents related to your marriage or separation. ## Step 5: Complete the Court Forms Ontario divorce cases are filed in the **Superior Court of Justice (Family Court)**. You'll need to complete specific forms depending on your situation. For a simple divorce, the basic forms include Form 8A (Application for Divorce), Form 36 (Affidavit for Divorce), Form 25A (Divorce Order) which is the draft order you're asking the judge to sign, and Form 6B (Affidavit of Service) to prove your spouse was properly served. If you are asking the court to make parenting orders as part of the divorce, you may also need Form 35.1 (Affidavit in Support of Claim for Custody or Access). This is not required simply because you have children. It's only needed if you're asking the court to decide parenting issues. If your parenting arrangements are already settled by agreement, you may not need this form. Financial statements (Form 13 or Form 13.1) may be required in some circumstances, particularly if support or property issues are before the court. The forms are available from the Ontario Court Forms website. You may also be eligible to file your divorce application online through Justice Services Online. CLEO's Guided Pathways tool can walk you through questions and pre-fill many forms for you. For a detailed breakdown of which forms you need for your specific situation, see our guide on [divorce papers and forms in Ontario](/blog/divorce-papers-ontario-forms-you-need). Filling out the forms correctly is important. Mistakes can cause delays. Use clear, factual language. Double-check names, dates, and addresses. If you're unsure about anything, consider getting at least a brief consultation with a lawyer or using [free legal resources](/blog/free-low-cost-family-law-help-ontario). ## Step 6: File Your Application and Pay the Fees Once your forms are complete, you file them at the Superior Court of Justice in your area. You can file in person at the courthouse, by mail, or online through Justice Services Online if you're eligible. **Court fees:** As of January 2023, the fees for a simple divorce application are: - **$214** to file the application - **$10** for registration of divorce proceedings - **$445** when the case is placed on the list for hearing Total court filing fees: approximately **$669**. After the divorce is granted, the Certificate of Divorce costs **$25**. These fees are set by Ontario Regulation 417/95 and may change. Always confirm current fees before filing. If you cannot afford the fees, you can apply for a **fee waiver**. The court may waive fees if you meet certain financial conditions. For more on costs, see our guide on [how much a simple divorce costs in Ontario](/blog/how-much-does-a-simple-divorce-cost-in-ontario). When you file, the court will stamp your documents and assign a court file number. Keep copies of everything. ## Step 7: Serve Your Spouse After filing, you must **serve** your spouse with the divorce application and other required documents. This means formally delivering the documents so your spouse knows about the case and has a chance to respond. **Important rule:** You cannot serve the documents yourself. Someone else who is at least 18 years old must do it. This can be a friend, family member, or professional process server. The person who serves the documents must then complete **Form 6B (Affidavit of Service)** confirming when, where, and how the documents were delivered. This form is required to prove service happened. Your spouse has **30 days** to file a response after being served. If your spouse is served outside Canada or the United States, they generally have 60 days to respond. If you cannot locate your spouse, you may need to ask the court for substituted service or to dispense with service. This is more complicated and usually requires legal help. ## Step 8: Wait for Your Spouse's Response (Or Lack of Response) After service, one of three things will happen. **Your spouse files an Answer agreeing to the divorce.** This is the best-case scenario. You're both on the same page, and the case proceeds smoothly as uncontested. **Your spouse doesn't respond at all.** After the deadline passes, you can proceed with the divorce as if it's uncontested. Their silence is treated as not opposing the divorce. **Your spouse files an Answer contesting the divorce or raising other issues.** The case becomes contested, and you may need to attend court conferences or hearings to resolve disputes. If your spouse contests, the timeline gets longer and the process gets more complicated. You'll likely want a lawyer at that point. ## Step 9: File Your Remaining Documents If the divorce is proceeding as uncontested, you'll need to file additional documents to finalize the case. This typically includes Form 36 (Affidavit for Divorce) if not already filed, Form 6B (Affidavit of Service) proving your spouse was served, Form 25A (Divorce Order) as a draft order for the judge to sign, and any other documents required by your local court. Some courts have specific requirements or checklists. Check with the court clerk or the court's website to make sure you have everything. ## Step 10: Wait for the Clearance Certificate Before a judge can grant your divorce, the court must obtain a **Clearance Certificate** from the federal Central Registry of Divorce Proceedings. This certificate confirms that no other divorce proceeding involving the same marriage is underway anywhere else in Canada. It's a federal requirement to prevent duplicate divorces. The Clearance Certificate process typically takes **4 to 6 weeks**. The court handles this automatically, but it can be a bottleneck in the timeline. There's nothing you can do to speed it up. ## Step 11: The Judge Reviews Your Application Once all documents are filed and the Clearance Certificate is received, a judge reviews your application. For uncontested divorces, there is usually **no in-person hearing**. The judge decides based on the paperwork alone. They confirm that the legal requirements are met, including the one-year separation (or other ground) and, if there are children, that reasonable child support arrangements are in place. If everything is in order, the judge signs the Divorce Order. If something is missing or unclear, the court may send your documents back with questions or requests for additional information. This can add weeks to the timeline, which is why getting the forms right the first time matters. ## Step 12: The 31-Day Waiting Period Your divorce is not final the moment the judge signs the order. Under the Divorce Act, a divorce takes effect **31 days after the date of the Divorce Order**. This waiting period exists to allow either party to appeal if they believe something was wrong. During these 31 days, you are still legally married. You cannot remarry yet. In rare cases, the court can order the divorce to take effect earlier, but only in special circumstances and typically where both spouses agree and undertake that no appeal will be taken (or any appeal has been abandoned). Unless you have an urgent, time-sensitive reason, expect to wait the full 31 days. ## Step 13: Get Your Certificate of Divorce After the 31-day waiting period, your divorce is final. You can then request a **Certificate of Divorce** from the court. The [certificate of divorce](/glossary#letter-c) is the official document proving your marriage has ended. You'll need it if you want to remarry or if you need to prove your marital status for any other legal or administrative purpose. The fee for a Certificate of Divorce is **$25**. Keep it in a safe place. For more on what happens after the divorce is finalized, see our guide on [when you can remarry after a Canadian divorce](/blog/when-can-i-remarry-after-canadian-divorce). ## Timeline: How Long Does All of This Take? From start to finish, an uncontested divorce in Ontario often takes **4 to 6 months** after you file, assuming you've already met the one-year separation requirement. Timelines can vary by region depending on court backlogs. Here's a rough breakdown: Filing and serving: 1 to 2 weeks. Waiting for spouse's response: 30 to 60 days. Filing remaining documents: 1 to 2 weeks. Clearance Certificate: 4 to 6 weeks. Judge's review: 1 to 4 weeks. 31-day waiting period: 31 days. If your spouse contests the divorce, the timeline becomes unpredictable. Contested divorces can take 1 to 3 years or longer depending on the issues involved and court backlogs. For more on timelines, see our guide on [the quickest way to get divorced in Ontario](/blog/quickest-way-to-get-divorced-in-ontario). ## Costs: What Will This Cost You? The minimum cost for a DIY divorce in Ontario currently includes: - **$214** to file the application - **$10** for registration of divorce proceedings - **$445** for the hearing fee - **$25** for the Certificate of Divorce (optional but usually needed) Total court fees: approximately **$694**. If you hire a lawyer to handle an uncontested divorce, expect to pay anywhere from **$1,500 to $3,500** depending on the complexity and the lawyer's rates. Contested divorces cost significantly more, often **$10,000 to $50,000+** depending on how far the case goes. For a detailed breakdown, see our guides on [how much a simple divorce costs](/blog/how-much-does-a-simple-divorce-cost-in-ontario) and [how much a family lawyer costs in Ontario](/blog/how-much-does-family-lawyer-cost-ontario). If you can't afford these costs, see our guide on [free and low-cost family law help in Ontario](/blog/free-low-cost-family-law-help-ontario). ## Do You Need a Lawyer? You don't legally need a lawyer to get divorced in Ontario. Many people successfully handle their own uncontested divorces. A DIY approach works best when you and your spouse agree on everything, there are no children or the parenting and support arrangements are already settled, there's little property or debt to divide, and you're comfortable filling out legal forms. You should consider getting a lawyer if your spouse is contesting the divorce, there are children and you're disagreeing about parenting or support, there's significant property, debt, pensions, or business interests to divide, there's been family violence, or you're confused by the process or receiving documents you don't understand. Even if you're mostly DIY, a single consultation with a lawyer can help you understand your rights and avoid mistakes. For more on this decision, see [do you need a lawyer to get divorced](/blog/do-we-need-lawyer-to-get-divorced-canada) and [how to choose a divorce lawyer in Ontario](/blog/how-to-choose-a-divorce-lawyer-in-ontario). ## Common Mistakes to Avoid **Not waiting for the full year (if using separation ground).** You can file early, but the divorce won't be granted until one year of separation has passed. Filing too early just means more waiting. If you have grounds for adultery or cruelty, you may not need to wait, but these grounds require proof. **Improper service.** If you don't serve your spouse correctly, the whole case can be delayed. Make sure someone else serves the documents and completes Form 6B (Affidavit of Service) properly. **Missing the child support requirement.** If you have children, the judge may refuse to grant the divorce until child support arrangements are in place. Make sure this is addressed. **Ignoring property limitation periods.** If you divorce without dealing with property, you may lose the right to claim equalization. Get legal advice before finalizing the divorce if property is an issue. **Making mistakes on forms.** Errors on court forms cause delays. Double-check everything, especially names, dates, and addresses. For more on what can go wrong, see our guide on [the biggest mistakes people make in divorce](/blog/biggest-mistake-in-divorce). ## Key Takeaways Divorce in Ontario is a court process that legally ends your marriage. You need to meet residency and separation requirements before a judge will grant it. The most common path is an uncontested divorce based on one year of separation. This can often be done without a lawyer. Adultery and cruelty are also grounds that can avoid the one-year wait, but they require proof and often add complexity. The basic steps are: confirm you qualify, decide your divorce type, sort out related issues (or decide to handle them separately), gather documents, complete forms, file and pay fees, serve your spouse, wait for response, file remaining documents, wait for Clearance Certificate, judge reviews, 31-day waiting period, then get your Certificate of Divorce. An uncontested divorce often takes 4 to 6 months after filing, though this varies by region. Contested divorces take much longer. Court fees total approximately $694 for a DIY divorce (including the Certificate of Divorce). Lawyer fees vary widely. If you have children, the court won't grant the divorce without reasonable child support arrangements. If you have property, be aware of limitation periods before finalizing the divorce. Getting at least a brief legal consultation can help you avoid common mistakes, even if you're handling most of the process yourself. ### Disclaimer This article provides general information about the divorce process in Ontario. It is not legal advice. Court procedures and fees can change, and how they apply depends on your specific situation. For advice about your case, speak to a family law lawyer in Ontario.