How to get a divorce in Ontario

Under the federal Divorce Act, a court can grant a divorce when there has been a breakdown of the marriage. That can be shown in one of three ways:

1. Separation of at least one year. This is how the vast majority of divorces proceed. Spouses can be separated while living under the same roof if they are living separate lives.

2. Adultery.

3. Physical or mental cruelty that makes continuing to live together intolerable.

Adultery and cruelty have to be proven, which usually makes the case more complicated. Most people wait for the one-year separation instead.

Trying to reconcile doesn't restart the clock. The Divorce Act allows spouses to live together again for a total of up to 90 days, mainly to try to reconcile, without interrupting the one-year separation.

Residency. An Ontario court can hear the divorce if either spouse has habitually lived in Ontario for at least one year before the application is started.

Children. A judge will not grant the divorce unless satisfied that reasonable arrangements have been made for the support of any children of the marriage.

Many couples settle parenting, support and property first, often in a separation agreement, and then use a simple or joint divorce for the divorce itself.

1. Get a certified copy of the marriage certificate. A certificate that is not in English or French needs a certified translation.

2. Fill out Form 8A: Application (Divorce). The Ontario court forms site and the free Steps to Justice guided pathway can help complete it.

3. File the application with the Superior Court of Justice (including the Family Court branch where it exists), in person or online through Justice Services Online (a ONe-key ID is needed). The filing fee is due at this stage, or a fee waiver can be requested.

4. Serve the other spouse (simple divorce only). Someone other than the applicant, who is at least 18, must deliver the documents. That person then completes Form 6B: Affidavit of Service, which is filed with the court.

5. Wait for the response period. The other spouse has 30 days to respond if served in Canada or the United States, or 60 days if served elsewhere. They are not required to respond.

6. File the final documents: Form 36: Affidavit for Divorce (sworn before a commissioner or notary), a draft Form 25A: Divorce Order, and the required clerk's certificate, along with the fee to have the divorce decided.

7. A judge reviews the file. Simple and joint divorces are usually decided on paper, without anyone going to court.

8. The divorce takes effect on the 31st day after the judge signs the order. After that, a certificate of divorce can be ordered ($25), which is the document needed to prove the divorce, for example to remarry.

Court fees are covered in detail in How much does a divorce cost in Ontario?

When spouses disagree about parenting, support or property, the case usually starts with Form 8: Application (General) and follows a longer path:

• Mandatory Information Program (MIP): most parties in contested family cases must attend this free session about separation and the court process. Divorce-only and joint applications are generally exempt.

• Financial disclosure: when support or property is claimed, each spouse files a financial statement, such as Form 13.1 where property is involved, with supporting documents.

• Case conference: a meeting with a judge to narrow the issues and explore settlement, before most motions can be brought.

• Settlement conference and, if needed, trial.

Many contested cases settle along the way, through negotiation, mediation, or at a conference.

Filing a simple or joint divorce without a lawyer is common. Legal advice becomes especially important when:

• parenting arrangements, support or property are not agreed
• there is a business, pension, or property owned before the marriage
• spousal support is being given up or is likely to be significant
• there are safety concerns, or one spouse controls most financial information
• the other spouse has hired a lawyer or served a court application
• the marriage took place outside Canada and the paperwork is unclear

1. Confirm the date of separation and that at least one year has passed.

2. Get the certified marriage certificate (and translation if needed).

3. List the issues beyond the divorce itself: parenting, child support, spousal support, the home, other property, debts, and mark which are agreed.

4. Gather financial documents: tax returns, Notices of Assessment, pay stubs, and bank, investment, pension and mortgage statements.

5. If there are children, have the child support arrangements in writing (an agreement or order).

6. Get an approximate support range with the OkayDivorce support calculator.

The free OkayDivorce assessment helps sort out which path fits and what to do first.