# Simple Divorce in Ontario: Step-by-Step Guide + When You Still Need a Lawyer If you and your spouse agree on everything and just want the marriage legally over, a "simple divorce" (also called an uncontested divorce) may be the most straightforward path forward. You can often handle it without a lawyer, file online, and have it finalized in a few months. But "simple" doesn't mean there aren't traps for the unwary. This guide walks through exactly how to file for a simple divorce in Ontario, what forms you need, what the process costs, and when you should still get legal help even if everything seems straightforward. ## What Is a Simple Divorce? A simple divorce is one where you're only asking the court for the divorce itself, not for orders about property, support, or parenting. It's called "simple" because the court process is streamlined. There are no court appearances, no hearings, and no need for the judge to decide contested issues. There are two ways to file a simple divorce: **Sole application.** One spouse files the divorce application. The other spouse is served with the papers and has 30 days to respond. If they don't file an Answer (because they agree or simply don't respond), the divorce proceeds as uncontested. **Joint application.** Both spouses sign and file the divorce application together. Neither is suing the other. You're both telling the court you want the divorce. This is faster because there's no service requirement and no waiting for a response. Either way, the divorce is "uncontested" because no one is disputing it. The judge reviews the paperwork and, if everything is in order, signs the divorce order without a hearing. ## Before You Start: Basic Requirements Before you can file for divorce in Ontario, certain conditions must be met: **Residency.** At least one spouse must have lived in Ontario for at least one year before filing the application. You don't need to be a Canadian citizen or permanent resident. **Grounds for divorce.** In Canada, the only ground for divorce is breakdown of the marriage. This can be established in one of three ways: separation for at least one year, adultery, or physical or mental cruelty. The vast majority of divorces rely on the one-year separation ground. You can file the application before the year is up, but the divorce won't be granted until the separation period is complete. **Marriage breakdown.** You need to establish that your marriage has broken down irreparably. Living separate and apart for one year is the most common way to demonstrate this. **No duplicate proceedings.** The court will check the Central Registry of Divorce Proceedings to confirm no other divorce application has been filed for your marriage anywhere in Canada. ## What About Children, Support, and Property? Here's where people often get confused. A "simple divorce" only deals with legally ending the marriage. It doesn't resolve: - [Child support](/blog/child-support-ontario-how-calculator-works) - [Spousal support](/blog/spousal-support-canada-who-pays-how-long) - [Property division](/blog/dividing-property-ontario-separation-divorce) - [Parenting arrangements](/blog/how-to-make-parenting-plan-canada) (decision-making responsibility and parenting time) If you have children, the court won't grant the divorce until it's satisfied that reasonable arrangements for child support have been made, having regard to the [Child Support Guidelines](/glossary#letter-c). This doesn't mean you need a formal separation agreement, but you'll need to explain in your affidavit how child support is being handled and show that it aligns with the Guidelines. Even in shared parenting situations, child support is typically calculated using a set-off approach based on both parents' incomes, so you'll need to explain your specific arrangement. If you haven't resolved property, support, or parenting issues, you have two options: 1. **Resolve them separately.** Create a [separation agreement](/blog/separation-agreement-ontario-what-to-include) that deals with everything, then file for a simple divorce that only asks for the divorce order. 2. **Include them in the divorce.** File a divorce application that also asks for orders on support, property, or parenting. This is no longer a "simple" divorce. It uses Form 8 (Application - General) instead of Form 8A and involves more forms, financial disclosure, and potentially court appearances. Most people who want a truly simple process resolve the other issues through a separation agreement first, then file for the divorce only. ## Step-by-Step: Filing a Simple Divorce in Ontario ### Step 1: Gather Your Documents Before you fill out any forms, collect: **Your marriage certificate.** You need the original or a certified copy. If you were married in Ontario, you can order one from ServiceOntario. If you were married elsewhere in Canada or internationally, contact the appropriate vital statistics office or government authority. If you can't get your marriage certificate, you'll need to explain why in your Form 36: Affidavit for Divorce. The court may accept alternative proof, but this can cause delays. **Any prior court orders or agreements.** If you have existing orders about support or parenting from other proceedings, have them ready. **Information about your spouse.** You'll need their current address for service (if filing a sole application) and basic information like their birthdate. ### Step 2: Complete the Required Forms For a simple divorce, you'll need: **Form 8A: Application (Divorce).** This is the main form. It contains information about you, your spouse, your marriage, your separation, your children (if any), and what you're asking the court for (which is just the divorce). For a sole application, only the applicant signs. For a joint application, both spouses must sign and date it. **Form 36: Affidavit for Divorce.** This is a sworn statement confirming the information in your application. It includes details about your separation, any reconciliation attempts, and (if you have children) information about child support arrangements. For a joint application, each spouse completes their own Form 36. **Form 25A: Divorce Order.** This is the draft order you're asking the judge to sign. You fill in the details of what the order should say. It must be typed, not handwritten. If you're filing a sole application, you'll also need: **Form 6B: Affidavit of Service.** After you serve your spouse with the divorce papers, the person who served them completes and swears this affidavit confirming how and when service occurred. All forms are available for free on the Ontario Court Forms website (ontariocourtforms.on.ca). ### Step 3: Get Your Affidavits Commissioned Form 36: Affidavit for Divorce must be sworn or affirmed in front of a commissioner for taking affidavits before you sign it. This means you're confirming under oath that everything in the form is true. For sole applications, Form 6B: Affidavit of Service must also be sworn or affirmed by the person who served the documents. Form 8A: Application (Divorce) is not an affidavit. You complete and sign it, but it doesn't need to be commissioned. You can get affidavits commissioned for free at any Ontario courthouse. You can also use a lawyer, notary public, or paralegal, though they may charge a fee. Don't sign the affidavit forms before you're in front of the commissioner. They need to watch you sign. ### Step 4: File Your Application You can file in person at the courthouse or online. **Filing online.** Most people can file through the Justice Services Online portal. You'll need a My Ontario Account (which replaced ONe-key in late 2023). Go to ontario.ca/page/file-family-court-documents-online to access the portal. Note: Starting October 2025, Toronto-region filings use the Ontario Courts Public Portal instead of the Family Submissions Online portal. Other regions continue using the original portal. Save all your documents as PDFs before uploading. The system will guide you through the submission process. **Filing in person.** Bring your completed forms (with multiple copies) and your marriage certificate to the Superior Court of Justice or Family Court in the municipality where you or your spouse lives. ### Step 5: Pay the Filing Fees As of 2025, court fees for a simple divorce are paid in two stages: - **When filing the application:** $224 (this includes the $214 filing fee plus a $10 fee for the Registration of Divorce Proceedings, which goes to the federal Central Registry) - **To place your application on the list for hearing:** $445 (paid later when you submit your divorce materials for the judge's review) The total is $669 for the divorce order. If you need a Certificate of Divorce (required if you plan to remarry), there's an additional fee for that document. Fees are set by regulation and may change. Check the current amounts at O. Reg. 293/92 (Superior Court fees) or O. Reg. 417/95 (Family Court fees). If you can't afford the fees, you can apply for a fee waiver. The court will consider your financial circumstances and may reduce or eliminate fees (except the $10 federal registration fee, which cannot be waived). The fee waiver request forms are available on the Ontario Courts website. ### Step 6: Serve Your Spouse (Sole Application Only) If you're filing a sole application, you must serve your spouse with the divorce papers after the court issues (stamps) your application. You must serve: - A copy of your issued Form 8A: Application (Divorce) - A copy of the Continuing Record and Table of Contents - A blank Form 10: Answer You cannot serve the documents yourself. The server must be someone over 18, such as a friend, family member, or professional process server. Service should be done as soon as possible and no later than 6 months after the application is issued. Your spouse has 30 days to respond (60 days if they're outside Canada or the United States). If they don't file an Answer, the divorce proceeds as uncontested. After service, the person who served the documents completes and swears Form 6B: Affidavit of Service, which you file with the court. For a joint application, no service is required since both spouses have already signed the application. ### Step 7: File Your Divorce Materials Once the response period has passed (for sole applications) or immediately after filing (for joint applications), submit your remaining materials: - Form 36: Affidavit for Divorce (sworn/affirmed) - Form 25A: Divorce Order (draft) - Form 6B: Affidavit of Service (sole applications only) - Your original marriage certificate (if not already filed) The court will request a clearance certificate from the Central Registry of Divorce Proceedings to confirm no other divorce has been filed. This can take 4 to 6 weeks. ### Step 8: Wait for the Judge's Decision A judge reviews your file without a hearing. If everything is in order, they sign the divorce order. The court mails copies to both parties. ### Step 9: Get Your Certificate of Divorce The divorce order takes effect 31 days after it's signed. This waiting period exists in case either party wants to appeal. After the 31 days, you can request your Certificate of Divorce from the court. This is the official proof that you're divorced. You'll need it if you plan to remarry. ## How Long Does It Take? A simple divorce in Ontario typically takes 4 to 6 months from filing to final order, assuming no complications. Joint applications are often faster than sole applications because there's no service or waiting period. Factors that can cause delays: - Incomplete or incorrect forms (rejected by the court) - Missing marriage certificate - Central Registry clearance delays - Court backlogs (which vary by region) - Issues with service If your forms are complete and accurate, the process moves more quickly. ## When You Still Need a Lawyer Just because you can file a simple divorce yourself doesn't mean you should. Here are situations where legal advice is important: ### You Haven't Resolved Other Issues If you don't have a [separation agreement](/blog/separation-agreements-ontario-templates-traps-legal-advice) and haven't otherwise settled property, support, and parenting, you're not ready for a simple divorce. Getting divorced without addressing these issues doesn't make them go away. It may actually create complications, especially around property claims. For example, married spouses have equalization rights under the [Family Law Act](/glossary#letter-f). There are limitation periods for bringing property claims. If you get divorced without understanding these deadlines or waiving your rights properly, you could lose the ability to make a claim, or you could face a claim you didn't expect. A lawyer can help you understand what you're entitled to before you finalize anything. ### You Have Children Even a simple divorce requires you to address child support. The court won't grant the divorce otherwise. If you're not sure whether your arrangements meet the Child Support Guidelines, a lawyer can review your situation. This is especially important if: - You have an informal arrangement that might not comply with the Guidelines - There are special expenses (Section 7 expenses) that should be shared - One parent has significantly higher income - There are questions about parenting time arrangements ### Your Spouse Won't Cooperate If your spouse ignores the divorce papers, you can still proceed. But if they file an Answer disputing the divorce or making their own claims, it's no longer uncontested. At that point, you need legal advice about your options. ### There Are Complicating Factors Some situations make even a straightforward divorce more complex: - You can't locate your spouse (you may need to bring a motion to serve by alternative means) - Your marriage certificate is unavailable or in a language other than English or French - You were married outside Canada and need to prove the marriage's validity - One spouse lives outside Ontario or Canada - There are concerns about the separation date - You attempted reconciliation during the separation year ### You Want Peace of Mind Many people simply feel more comfortable having a lawyer handle the paperwork, even for a simple divorce. The cost of a lawyer for a simple divorce (often $1,000 to $2,500) may be worth it to know everything is done correctly. If you want to do it yourself but would like some professional guidance, [unbundled services](/blog/legal-aid-vs-private-lawyer-vs-unbundled-ontario) are an option. A lawyer can review your completed forms before you file, without representing you for the whole process. ## Common Mistakes to Avoid **Filing before you're ready.** Make sure you've addressed (or are prepared to address) child support, spousal support, property, and parenting before filing. A divorce only ends the marriage. **Incorrect or incomplete forms.** Courts reject applications with errors. Double-check names (as they appear on your marriage certificate), dates, addresses, and calculations. Form 8A is particularly detailed. **Missing the child support requirement.** If you have children, your Form 36 must explain the child support arrangements. The judge will review this. Vague or inadequate explanations can delay your divorce. **Serving papers incorrectly.** For sole applications, proper service is essential. You can't serve the papers yourself, and you must include all required documents (issued Form 8A, Continuing Record and Table of Contents, blank Form 10). The server must complete and swear Form 6B accurately. **Not getting affidavits commissioned.** Form 36 (and Form 6B for sole applications) must be sworn or affirmed in front of a commissioner. Signing these affidavits without this step makes them invalid. **Expecting immediate results.** Even a simple divorce takes several months. Build in time for processing, the Central Registry check, and the 31-day appeal period. ## Key Takeaways **A simple (uncontested) divorce is the fastest, cheapest way to end a marriage** when both spouses agree and you're only asking for the divorce itself, not orders about property, support, or parenting. **You can file a sole application or a joint application.** Joint is faster because both spouses sign together and no service is required. **Required forms include Form 8A, Form 36, Form 25A, and (for sole applications) Form 6B.** All are available free from ontariocourtforms.on.ca. **You can file online** through the Justice Services Online portal using a My Ontario Account. **Court fees total $669** as of 2025 ($224 at filing, $445 to request the divorce order), plus an additional fee if you need a Certificate of Divorce. Fee waivers are available for those who can't afford to pay. **The process typically takes 4 to 6 months** and ends with the divorce order taking effect 31 days after the judge signs it. **A simple divorce doesn't resolve property, support, or parenting.** You need a separation agreement or separate court orders to deal with those issues. **Consider getting legal advice** if you haven't resolved other issues, have children, face a spouse who won't cooperate, or simply want professional guidance to avoid mistakes. ### Disclaimer This article provides general information about simple divorce in Ontario and is not legal advice. Court procedures, forms, and fees may change. Every situation is different, and the process may be more complex depending on your circumstances. Before filing for divorce, especially if you have children, property, or support issues to resolve, you should consult with a family law lawyer.