# Which Family Law Forms Do I Actually Need for Divorce in Ontario? If you've started looking into divorce in Ontario, you've probably discovered that there are a lot of forms. The Ontario Court Forms website lists dozens of family law forms, and figuring out which ones you actually need can feel overwhelming, especially if you're trying to handle things yourself. The good news is that most people don't need most of those forms. Which forms you need depends on your specific situation: whether you're applying alone or jointly with your spouse, whether you're only asking for the divorce or also dealing with property, support, or parenting issues, and whether your divorce is contested or uncontested. This article walks you through the forms you're most likely to need, explains when each one is required, and helps you understand how the pieces fit together. ## Where to File Your Divorce Before getting into the forms, it's important to know that only the Superior Court of Justice (or the Family Court branch of the Superior Court of Justice, where it exists) can grant a divorce in Ontario. Not every courthouse handles divorce matters, so you'll need to file at a Superior Court location. The Ontario Courts website can help you find the right court for your area. ## The Two Main Starting Points: Form 8A vs Form 8 Every divorce in Ontario starts with an application. Which application form you use depends on what you're asking the court to decide. **Form 8A: Application (Divorce)** is the simpler option. You use Form 8A when you're only asking for the divorce itself and not asking the court to make orders about property division, support, or parenting. This is sometimes called a "simple" or "divorce only" application. You might use Form 8A if you and your spouse have already resolved everything else through a [separation agreement](/blog/separation-agreement-ontario-what-to-include), or if there simply aren't any other issues to address (for example, a short marriage with no children, similar incomes, and no significant shared property). **Form 8: Application (General)** is used when you're asking for the divorce plus other relief, such as child support, spousal support, property division, or parenting orders (decision-making responsibility and parenting time). Most divorces that involve children or financial issues use Form 8 rather than Form 8A. If you're filing jointly with your spouse (meaning you both agree to the divorce and are applying together), you'll use **Form 8A** for a joint divorce application. Joint applications are only available when both parties agree and aren't asking the court to decide contested issues. ## Financial Disclosure Forms If your divorce involves support (child or spousal) or property division, you'll need to provide financial disclosure. The specific form depends on whether property is involved. **Form 13: Financial Statement (Support Claims)** is used when the only financial issues are support (child support, spousal support, or both) without property claims. This form requires you to disclose your income, expenses, assets, and debts. **Form 13.1: Financial Statement (Property and Support Claims)** is the more comprehensive version, required when property division is involved (in addition to or instead of support claims). For married couples in Ontario dealing with [equalization](/blog/dividing-property-ontario-separation-divorce), this is typically the form you'll need. These are commissioned forms, meaning you must sign them in front of a commissioner of oaths (which includes most lawyers and notaries, as well as court staff at the courthouse). You're swearing or affirming that the information is true, so accuracy matters. Along with your financial statement, you'll typically need to provide supporting documentation: recent tax returns and notices of assessment, pay stubs, bank statements, property valuations, and other documents that verify what you've declared. The specific requirements depend on your situation and the stage of your case. ## Forms for Serving and Filing Once you've prepared your application, you need to serve it on your spouse (unless it's a joint application where you're both signing) and file it with the court. **Starting a Continuing Record.** When you file your application, you must also start a Continuing Record with a Table of Contents. The Continuing Record is an organized binder that will contain all the documents filed in your case. You'll update the Table of Contents as new documents are added throughout your case. **What to serve on your spouse.** When you serve your spouse with the application, you typically need to include: the issued application, the Continuing Record and Table of Contents, and a blank **Form 10: Answer** so they know how to respond if they wish to. **Form 6: Acknowledgement of Service** is signed by your spouse to confirm they received the application. If they're willing to sign it, this is the simplest way to prove service. The signed Form 6 gets filed with the court. If your spouse won't sign an Acknowledgement of Service or you can't locate them, you'll need to arrange for someone else to serve them and then file **Form 6B: Affidavit of Service** proving how and when service happened. Special service (personal service or an alternative the court approves) is required for the initial application. ## The Affidavit for Divorce: Form 36 **Form 36: Affidavit for Divorce** is a key document in most divorce proceedings. It's your sworn statement providing the court with the information it needs to grant the divorce. Form 36 covers things like: confirmation of your marriage (you'll attach a copy of your marriage certificate), the date you separated, the grounds for divorce (usually one year of separation), whether there's been any collusion or condonation, whether there are children of the marriage, and whether arrangements for child support comply with the [Federal Child Support Guidelines](/blog/child-support-ontario-how-calculator-works). In an uncontested divorce where your spouse doesn't respond or responds but doesn't oppose the divorce, Form 36 is typically part of your "divorce materials" that you submit to the court to request that the divorce be granted. ## Parenting Forms If your divorce involves children and you're asking the court to make parenting orders, additional forms are required. **Form 35.1: Affidavit in Support of Claim for Custody/Access** (the title still uses the old terminology, though the content has been updated) must be filed by anyone making a claim for decision-making responsibility or parenting time. This form asks about each parent's relationship with the children, proposed parenting arrangements, any family violence, and other information relevant to the [best interests of the child](/glossary#letter-b). The [Divorce Act](/glossary#letter-d) requires parties to provide information about family violence, and Form 35.1 includes specific questions about this. You must answer these questions honestly and completely. If you're claiming child support, you may also need to complete the **Child Support Guidelines Tables** calculations or provide information about special or extraordinary expenses. ## Conference and Motion Forms If your case doesn't settle and you need to attend court events, additional forms come into play. **Case conferences, settlement conferences, and trial management conferences** each require you to file a **Conference Brief** beforehand. The specific form depends on the type of conference: - Form 17A: Case Conference Brief - Form 17B: Settlement Conference Brief - Form 17C: Trial Management Conference Brief You'll also need to file a **Form 17F: Confirmation of Conference** before the conference to confirm you're ready to proceed. Confirmations are typically due by 2:00 p.m., three business days before the conference. If you need to bring a **motion** (asking the court to make a decision on a specific issue before trial), the forms include: - Form 14: Notice of Motion - Form 14A: Affidavit (General) to support your motion - Form 14C: Confirmation of Motion Motion materials have specific deadlines. Generally, responding materials must be filed by 2:00 p.m. four days before the motion, and any reply affidavit (if permitted) must be filed by 2:00 p.m. three days before the motion. Confirmation (Form 14C) is typically due by 2:00 p.m. three days before the motion. Always verify current deadlines and check local practice directions, as requirements can vary by court location. ## Forms for Uncontested Divorces If your spouse doesn't contest the divorce, or if you're proceeding on a joint application, your path to the divorce order is more straightforward. For an **uncontested divorce** (where you filed alone but your spouse isn't opposing), you'll typically submit a package that includes: - Your original Application (Form 8A or 8) - Proof of service - Form 36: Affidavit for Divorce - Form 25A: Draft Divorce Order for the court to sign - Marriage certificate (or registration of divorce if either party was previously divorced) - Any separation agreement you're relying on - Financial statements if support was claimed For a **joint divorce** (where both spouses are applying together), the package is similar, but both parties sign the application and Form 36, and you don't need proof of service since you're both applicants. **Form 25A: Divorce Order** is the form that actually grants your divorce. You prepare it as a draft and submit it with your materials. If everything is in order and the court is satisfied the requirements have been met, a judge signs it. Under the [Divorce Act](/glossary#letter-d), the divorce takes effect on the 31st day after the judgment is granted (unless there are special circumstances or an appeal). ## When You Might Need Other Forms Depending on your circumstances, other forms may be required: **Form 10: Answer** is what your spouse files if they want to respond to your application, whether to oppose it or to make their own claims. **Form 13B: Net Family Property Statement** may be required in property cases to set out your equalization calculation. **Form 14B: Motion Form** is used for certain procedural motions that can be decided without a court appearance. **Form 15: Motion to Change** is used after a final order has been made, if you need to change support or parenting arrangements based on a material change in circumstances. **Form 23: Summons to Witness** is used if you need to require someone to attend court to give evidence. This isn't an exhaustive list. The [Ontario Court Forms](https://ontariocourtforms.on.ca/en/family-law-rules-forms/) website has the complete set of family law forms, along with guides for some of the more commonly used ones. ## Tips for Completing the Forms **Read the instructions.** Many forms come with guides that explain what information goes where. Taking time to read these can prevent mistakes that delay your case. **Be accurate and complete.** You're signing these forms under oath or affirmation. Incomplete or inaccurate information can damage your credibility and potentially have legal consequences. **Pay attention to deadlines.** The [Family Law Rules](/blog/family-law-rules-ontario-plain-language-guide) set specific timelines for serving and filing different forms. Many deadlines are in business days, not calendar days. Missing deadlines can result in your materials not being accepted or your matter being struck from the court's schedule. **Keep copies of everything.** Make copies of all forms before filing them. You'll need to refer back to them, and courts sometimes lose documents. **Consider getting help.** Even if you're planning to handle most of your divorce yourself, getting a [family law lawyer](/blog/how-to-choose-a-divorce-lawyer-in-ontario) to review your forms before filing can catch errors. [Unbundled legal services](/blog/unbundled-limited-scope-family-lawyers-ontario) make this kind of targeted help more affordable. ## Where to Get Help with Forms If you're feeling overwhelmed by the paperwork, resources are available. **Family Law Information Centres (FLICs)** are located at courthouses throughout Ontario. They can provide general information about forms and procedures, though they can't give legal advice or fill out forms for you. **Duty counsel** may be available at your courthouse to provide brief legal advice, though their ability to help with paperwork varies. **Legal Aid Ontario** provides services for those who qualify financially, including help with family law matters. **Community legal clinics** may offer family law assistance in some areas. **Lawyers offering unbundled services** can help with specific tasks like reviewing your completed forms or preparing particular documents, without you having to retain them for your entire case. For more information about affordable legal help, see our guide to [free and low-cost family law resources in Ontario](/blog/free-low-cost-family-law-help-ontario). ## Key Takeaways **Form 8A is for divorce only. Form 8 is for divorce plus other claims.** Choose based on whether you're asking the court to decide property, support, or parenting issues. **You must start a Continuing Record.** When filing your application, you'll also create a Continuing Record with a Table of Contents to organize all documents in your case. **Financial statements are required when money is involved.** Form 13 for support only, Form 13.1 when property is also at issue. **Only the Superior Court of Justice can grant a divorce.** Make sure you're filing at the right court location for your area. **Form 36 (Affidavit for Divorce) is central to most divorces.** It provides the court with the information needed to grant the divorce. **Form 35.1 is required for parenting claims.** Anyone seeking decision-making responsibility or parenting time must complete this form. **Deadlines vary, so always verify.** Check the Family Law Rules and local practice directions, as timing requirements can differ by court location. **Confirmation forms are required before conferences and motions.** Without filing your confirmation on time, your matter may not proceed. **Joint applications are simpler but require agreement.** Both parties sign the same forms, and no service is needed. **Your divorce takes effect 31 days after judgment.** Under the Divorce Act, the divorce becomes final on the 31st day after it's granted (unless appealed or special circumstances apply). **Getting help with forms is often worthwhile.** Even limited legal assistance can prevent costly errors. ### Disclaimer This article provides general information about family law forms in Ontario. It is not legal advice. Form requirements, procedures, and deadlines can change, and specific requirements may vary depending on your circumstances and which court location you're filing in. The Ontario Court Forms website has the most current versions of all forms. For advice about your specific situation, speak with a family law lawyer.