If you’re thinking about Divorce in Ontario, the Court forms, laws, and procedures can feel overwhelming. You may have questions about simple divorce versus contested divorce, what the Superior Court of Justice expects, and how to submit the right application and supporting documents without making mistakes.
As an Ottawa family law firm focused exclusively on Family Law, we regularly help clients file for divorce in Ontario’s courts. Below, we walk through who can apply, how the justice system processes a divorce application, and what practical steps you can take to protect your rights while keeping the process as clear and cost-effective as possible.
This article gives general information about Family Law in Ontario. It is not legal advice for your situation. For guidance about your own separation or legal separation, please speak with a family law professional directly.
Who Can File for Divorce in Ontario?
To file for divorce anywhere in Canada, you must meet the Divorce Act requirements. In Ontario, that usually means:
- You or your spouse has lived in Ontario for at least 12 months before starting the application.
- There has been a breakdown of the marriage, most often because you have lived separate and apart for at least one year.
- In rare cases, the Divorce Act also allows divorce for adultery or cruelty.
While you do not need a Separation Agreement in place before filing, many people address child support, spousal support, assets, and equalization payment issues in a Separation Agreement first, then move on to the divorce application once major disputes are settled.
Types of Divorce in Ontario: Simple, Joint, and Contested Divorce
Simple Divorce (Uncontested Divorce)
A simple divorce (sometimes called an uncontested divorce) is used when you are asking only for a Divorce Order and are not asking the Court to decide child custody, child support, property division, or spousal support. You still need to provide basic financial information and details about the children, but those issues are usually already covered in a separation agreement or another court order.
Joint Divorce
A joint simple divorce is an application that you and your spouse sign together. You file one set of forms and confirm that you both want the divorce and agree on the basic facts about the marriage, separation, and any existing agreements or court orders. This can reduce costs, delays, and conflict.
Contested Divorce
A contested divorce happens when one spouse starts a divorce application, and the other does not agree with some or all of the claims. The responding spouse can ask the Court to deal with child custody (decision-making responsibility), parenting time, child support, spousal support, or division of assets and debt, and turn the case into a fuller family law court proceeding.
A Comprehensive Guide to the One-Year Separation Requirement for Divorce in Ontario
Step-by-Step: How to File a Simple Divorce in Ontario
Although every file is different, most simple divorce applications in the Ontario Superior Court of Justice follow similar steps.
1. Gather key information and documents
Before you start completing forms, collect:
- Your marriage certificate or registration under the Marriage Act
- Basic details about when you began living separate and apart
- Information about any children, including where they live and existing child support orders
- Copies of any separation agreement, previous court order, or Support Deduction Order
- Limited financial information (for example, income details relevant to existing child support)
If you have lost your marriage certificate, you may need to order a new one before the Court clerk will accept your application.
2. Choose the correct Ontario Court and confirm fees
Most divorces are filed in the Ontario Superior Court of Justice (including the Family Court branch where available). Ontario’s courts also include the Ontario Court of Justice, Small Claims Court, and Divisional Court, but simple divorce usually starts in the family court stream of the Superior Court. Court fees are set by regulation and can change over time. If paying is difficult, you may be able to apply for a fee waiver certificate.
3. Complete the divorce forms (Form 8A or Form 8)
For a simple or joint divorce, you typically prepare:
- Form 8A – Application (Divorce) for a simple divorce, or
- Form 8 – Application (General) if you are also asking for corollary relief, such as child support, spousal support, or property claims.
You must provide information about the marriage, separation, children, and any existing agreements or court orders. A lawyer can make sure the language is consistent with the Divorce Act and Family Law and avoids confusion about assets, pensions, home equity, and debts that may still need equalization later.
4. Create the Continuing Record and court file
Ontario’s family law court uses a Continuing Record to keep all court documents organized. When you start the application, you open a court file and set up:
- A Continuing Record with a table of contents
- Your application and any initial supporting documents, including copies of the marriage certificate and separation agreement
- A file for future court documents, answers, affidavits, and orders
The court clerk uses this Continuing Record to track your case as it moves through the justice system. Our office routinely prepares and updates Continuing Records for clients, so nothing goes missing.
5. Serve your spouse and complete proof of service
Except in a joint divorce, you must serve your spouse with the application and related documents. In most cases:
- A neutral adult or professional process server delivers the papers
- You complete Form 6B – Affidavit of Service to show proof of service
- The affidavit is sworn before a notary public or commissioner of oaths
Proper service is essential. If the service is done incorrectly, the Court might not grant a Divorce Order, or your spouse could later argue they were not informed. In some cases, you can ask for substituted service, but that requires additional legal steps.
6. Wait for any response (Answer) and address disputes
After service, your spouse usually has 30 days to file Form 10: Answer within Canada or the United States, and 60 days from outside North America. If they file an Answer:
- The case may move from a simple divorce toward a contested divorce
- Parenting, child support, spousal support, and property issues may be added
- The Court may schedule case conferences within the Family proceedings system
If there is no Answer and proof of inactivity, you may still move forward, but you must respect all timelines and Family Law Rules.
7. File your affidavit, draft Divorce Order, and supporting documents
To complete a simple divorce, you usually need to submit:
- Form 36 – Affidavit for Divorce
- A draft Form 25A – Divorce Order
- Updated Continuing Record materials, including any additional court documents
- A Support Deduction Order if support is being enforced through the Family Responsibility Office
The Court then sends the application to the Central Registry of Divorce Proceedings to confirm there is no duplicate divorce file elsewhere in Canada. This is part of the national system managed by the Department of Justice.
When everything is in order, a judge signs the Divorce Order. Thirty-one days later, you may request a certificate of divorce as final proof that the marriage has legally ended.
Not Sure How to Proceed? Contact a Family Lawyer
When a Simple Divorce Isn’t Enough (Support, Custody, and Assets)
A simple divorce focuses mostly on ending the legal marriage. If you still need Court orders about child support, child custody, parenting time, property equalization, or spousal support, a more detailed application under the Courts of Justice Act and Family Law may be required.
In those cases, our team may recommend:
- Filing Form 8 – Application (General) instead of Form 8A
- Using Form 35.1 for detailed parenting information
- Combining Divorce with claims about property and support
- Considering mediation before, during, or after the Court process to resolve remaining disputes
How Our Ottawa Family Lawyers Help You File for Divorce
Filing for divorce is not just about downloading forms. It is about understanding how the laws, Court procedures, and your own family’s situation fit together.
When you work with our team at RPB Family Law, we can:
- Explain your options clearly: We walk you through simple divorce, joint divorce, and contested divorce in plain language so you know which process matches your circumstances and your goals.
- Prepare accurate forms and supporting documents: We help complete Form 8 or Form 8A, Form 6B, any necessary parenting forms, and draft Divorce Orders. We make sure the Continuing Record is organized, proof of service is correct, and your court file is ready for judicial officials to review.
- Coordinate with the Court and related services: We communicate with the family court clerk when needed, help you understand instructions from Ontario’s courts, and explain how enforcement through Support Deduction Orders or Form 26B filings may work if there is an existing separation agreement.
- Protect your long-term interests: We consider how child support, spousal support, life insurance, pensions, home equity, and other assets and debts will affect you over time. Where appropriate, we suggest mediation or other dispute resolution options to keep the process confidential, fair, and efficient.
Throughout, we respect judicial independence and the structure of Ontario’s branch of government that handles Family proceedings. Our role is to help you navigate the justice system with confidence while maintaining your privacy and dignity.
Protect Your Rights with Strong Legal Support
Filing for Divorce in Ontario: Frequently Asked Questions
How long does it take to get a divorce order in Ontario?
Timeframes vary, but a straightforward, simple divorce often takes several months from filing to Divorce Order, depending on the Court workload, how quickly you provide complete information, and whether the Central Registry of Divorce Proceedings flags any issues.
Do I need a lawyer to file for divorce in Ontario?
You are not legally required to hire a lawyer. However, getting legal advice from a family law professional can reduce errors, delays, and unexpected costs, especially if children, support, or property are involved.
Can I file for divorce online?
In many regions, you can submit family law Court documents through the Ontario Courts Public Portal or Family Submissions Online. You still need to complete the correct forms, pay the application fee or seek a fee waiver certificate, and follow all instructions about proof of service and timelines.
What if my spouse lives outside Canada?
You can usually still file in an Ontario family law court if you meet the residency rules. Your spouse will have more time to respond to the application, and service rules may be more complex. A lawyer can help you plan service, proof of service, and any special Court orders that may be needed.
Talk to Our Ottawa Family Lawyers About Filing for Divorce
If you are ready to file for divorce in Ontario—or still deciding whether a simple divorce, joint divorce, or a broader family Court application is right for you—our team at RPB Family Law can help. We offer clear, practical guidance on forms, Court procedures, and next steps, so you can move forward from separation toward a more stable future.
Contact us to schedule a confidential consultation with one of our Ottawa family lawyers.
