Can You Cancel or Withdraw a Divorce Application in Ontario?

Looking for help? Easy Path Divorce offers flat-fee services for divorce application in Ontario. Your Form 8A divorce application prepared and reviewed for $399 + HST.

Life doesn’t always go in a straight line. Maybe you’re trying to reconcile, or you’ve decided the timing isn’t right. Here’s what happens if you want to cancel or withdraw a divorce application in Ontario.

Before the application is issued

If you’ve prepared but haven’t filed your application, there’s nothing to cancel. Simply don’t file it. If you’ve submitted it online but it hasn’t been issued yet, contact the court office as soon as possible.

After the application is issued

Once the court has issued your application, you can generally withdraw it. Under Ontario’s Family Law Rules, a party who no longer wants to pursue a claim can withdraw it by serving a notice of withdrawal on the other party and filing it with the court.

Things to know:

• Costs: if your spouse has already responded or incurred expenses, the court may order you to pay some of their costs.
• Fees: court fees you’ve already paid are generally not refunded.
• Joint applications: because both spouses are applicants, withdrawing typically involves both of you. Get advice if only one of you wants to stop.

After the divorce order is signed

A signed divorce order takes effect 31 days later unless it’s appealed. Once it’s in effect, it can’t simply be withdrawn; you’d need legal advice about any options. If you’re having second thoughts after the order is signed, act quickly.

Reconciling without restarting

If you’re trying to reconcile, you may not need to withdraw immediately. The Divorce Act allows spouses to resume living together for up to 90 days in total to try to reconcile, without interrupting the one-year separation period. If reconciliation doesn’t work, your separation period continues. If it lasts longer than 90 days, the clock restarts.

Does a divorce application expire?

There’s no fixed expiry date, but a case that sits for a long time with no steps taken can be dismissed for delay after the court gives notice. If your case has stalled, contact the court or get advice about how to move it forward or close it properly.

Pausing instead of withdrawing

If you just need time, talk to a lawyer about whether you can simply pause before taking the next step, for example before setting the case down for a judge. In an uncontested case, nothing moves forward until someone files the next document.

Get advice before you decide

Withdrawing or pausing has consequences for timing, costs and your separation date. If you’re unsure, we can explain your options. Learn about our divorce application in Ontario service, or see how long a divorce application takes.

Frequently asked questions

This article is general legal information for Ontario residents, not legal advice about your situation. Laws, court forms and fees change; contact us to confirm how they apply to you.