Who Can File for Divorce in Ontario?
In Ontario, not everyone can immediately file for divorce. You must meet certain residency and legal requirements before starting the process.
Residency Requirements
To file for divorce in Ontario, at least one spouse must have lived in the province for at least one year before submitting the divorce application. This rule ensures that Ontario courts have the legal authority to handle the case.
Grounds for Divorce
Under the Divorce Act (Canada), a marriage must be proven to have broken down based on one of the following legal grounds:
- One-Year Separation – The most common reason for divorce. Spouses must live apart for at least one continuous year before the court grants the divorce. You can still live in the same home if you prove you were living separately (e.g., no shared meals, finances, or relationships).
- Adultery – If one spouse had an affair, the other can file for immediate divorce, but they must provide proof, which can complicate the process.
- Cruelty – If one spouse has been physically or mentally abusive, the court may grant an immediate divorce, provided there is enough evidence.
Meeting these criteria is the first step before you can officially begin your divorce proceedings in Ontario.
Step 1: Gather Required Documents
Before filing for divorce in Ontario, you must prepare the necessary paperwork. The required documents depend on whether your divorce is simple, joint, or contested.
- Ontario Divorce Application (Form 8) – This is the standard divorce application form for simple or contested divorces. If both spouses agree to the divorce, they can file a joint application instead.
- Marriage Certificate – You must provide an official marriage certificate. If you were married in Ontario, you can order a copy from ServiceOntario. If married outside Canada, the certificate must be translated and notarized.
- Financial Disclosure Forms (Form 13 or 13.1) – If your divorce involves spousal support, child support, or property division, you must complete Form 13 (for regular cases) or Form 13.1 (for complex asset division). These forms outline income, debts, and property details.
Having these documents ready ensures that your divorce proceedings start smoothly without unnecessary delays.
Step 2: File Your Divorce Application
Once your documents are complete, you must officially file your divorce application with the Ontario Family Court.
Where to File – Ontario allows two ways to submit a divorce application:
- Online via the Ontario e-filing system, available for simple and joint divorces.
- In-person at the Superior Court of Justice for contested or complex cases.
Filing Fees – The standard fee for filing a divorce application in Ontario is $212. Additional fees apply if the case requires further court appearances or disputes over child custody, spousal support, or property division.
After filing, you will receive a court-stamped copy of your application, which must be served to your spouse before the divorce can proceed.
Step 3: Serve Divorce Papers
Once the divorce application is filed, the next step is to serve the divorce papers to your spouse. This ensures they are officially notified of the proceedings.
Who Can Serve the Papers? – In Ontario, the applicant cannot serve the papers themselves. Instead, they must be delivered by:
- A process server (a professional hired for legal document delivery).
- Registered mail with proof of receipt.
- A bailiff assigned by the court.
What If the Spouse Refuses Service? – If your spouse cannot be located or refuses to accept the papers, you can apply for substituted service. This allows alternative methods, such as email, workplace delivery, or public notice, with court approval.
Proper service is crucial—without proof of service, the divorce proceedings cannot move forward.
Step 4: Wait for a Response
After being served, the responding spouse has 30 days (if in Canada) or 60 days (if outside Canada) to reply.
Uncontested Divorce – If the spouse does not respond, the divorce proceeds as uncontested. The court reviews the application, and the divorce can be finalized without a hearing in most cases.
Contested Divorce – If the spouse files a response, they may challenge issues such as child custody, spousal support, or asset division. This can lead to:
- Negotiations between both parties.
- Mediation to settle disputes outside of court.
- Court hearings if no agreement is reached, requiring a judge to make the final decision.
The response stage determines whether the divorce remains simple and quick or becomes a longer legal process.
How Long Does It Take in Ontario?
The time required to start a divorce and finalize it in Ontario depends on whether the divorce is uncontested or contested.
- Uncontested Divorce (4-6 Months) – If both spouses agree on all terms, the process is straightforward. Once the divorce application is filed and served, there is a mandatory 31-day waiting period after the court grants the divorce order before it becomes final.
- Contested Divorce (1+ Year) – If spouses disagree on issues such as child support, spousal support, or property division, the divorce can take over a year. Court availability, the need for mediation, and the complexity of financial disclosures (like proving assets with an original marriage certificate) can all extend the timeline.
Choosing mediation or legal aid services can sometimes help resolve disputes faster and avoid lengthy family court battles.
What is the fastest way to get a divorce in Ontario?
The fastest way to get a divorce in Ontario is through an uncontested divorce, where both spouses agree on all terms, including parenting arrangements and financial matters.
To speed up the process:
- File Online – Ontario allows e-filing for simple divorces, reducing paperwork delays.
- Ensure Proper Service – The sooner your spouse receives and acknowledges the divorce papers, the faster the process moves.
- Avoid Court Disputes – Mediation and family lawyers can help settle disagreements without waiting for court hearings.
Even in the best cases, a divorce cannot be finalized before the 31-day waiting period after court approval.
How much does it cost to file for divorce in Ontario?
The cost of filing for a divorce in Ontario depends on the complexity of the case:
| Type of Divorce | Filing Fees | Additional Costs |
|---|---|---|
| Uncontested Divorce | $212 | Possible legal aid for low-income applicants |
| Contested Divorce | $212 + additional court fees | Legal representation, mediation, family lawyers fees |
Other potential expenses include:
- Process server or bailiff fees to serve the divorce papers.
- Translation and notarization fees if using an original marriage certificate from another country.
- Legal aid assistance if eligible.
For the most accurate cost breakdown, consulting a divorce lawyer is recommended.
Find a Divorce Lawyer in Ontario
Starting a divorce can be complex, but having the right family lawyer ensures a smoother process. Lawyer Connect makes it easy to find experienced divorce lawyers in Ontario who can guide you through every step, from filing your divorce application to finalizing the court process. Whether you need help with an uncontested divorce, legal disputes, or navigating legal aid, our network of trusted professionals is here to assist you.