How Do I Start a Divorce in Ontario?

Step 1: Confirm You’re Eligible to Apply

Before filing, you need to meet certain criteria under the Divorce Act:

• Marriage validity: You must be legally married (in Canada or abroad).

• Residency requirement: Either you or your spouse must have lived in Ontario for at least 12 months before filing.

• Grounds for divorce: The most common ground is living separate and apart for at least one year. However, adultery or cruelty may also be cited.

Step 2: Gather Important Information

You’ll need to collect and prepare some key documents:

• Your original marriage certificate

• Details about children, including parenting arrangements and support

• Information about income, assets, and debts for financial disclosure

Having these ready early helps avoid delays once you begin the court process.

Step 3: Choose the Right Application

There are three main ways to apply for divorce in Ontario:

1. Simple Divorce (Joint or Sole Application)

   • A joint application means you and your spouse apply together.

   • A sole application means only one of you applies, and the other is served with the papers.

2. Uncontested Divorce

   • Used when both parties agree on issues like parenting, support, and property division.

3. Contested Divorce

   • Filed when you and your spouse disagree on key issues. This process can take longer and often requires negotiation, mediation, or court hearings.

Step 4: File the Application

Divorce applications are filed in the Ontario Superior Court of Justice. The application includes forms such as:

• Form 8A: Application (Divorce Only)

• Form 36: Affidavit for Divorce (filed later in the process)

You’ll also need to pay the required court filing fee unless you qualify for a fee waiver.

Step 5: Serve the Documents

If you filed a sole application, your spouse must be formally served with the divorce papers. This step must follow strict rules:

• Service must be done by someone other than you (e.g., a process server or friend over 18).

• Proof of service is filed with the court using Form 6B: Affidavit of Service.

Step 6: Wait for a Response

• If your spouse doesn’t respond within 30 days, you may proceed with an uncontested divorce.

• If they do respond and contest the application, the process moves toward negotiation or trial.

Step 7: Finalizing the Divorce

If everything is in order, the court will issue a Divorce Order.

• It typically takes a few months for processing.

• The divorce becomes final 31 days after the order is granted, at which point you can request a Certificate of Divorce.

Key Takeaways

• You must meet Ontario’s residency and eligibility rules before filing.

• Gather your documents early to avoid delays.

• Decide whether your divorce will be joint, uncontested, or contested.

• Filing and serving documents properly is essential to moving forward.

• The divorce is only final once the Divorce Order takes effect after 31 days.