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Filing a simple divorce in Ontario follows a clear sequence. This guide walks through the simple divorce procedure from eligibility to final order. If you and your spouse want to file together instead, see simple vs joint divorce.
Step 1: Confirm you’re eligible
To file a simple divorce in Ontario:
- you must be legally married (in Canada or elsewhere);
- you or your spouse must have lived in Ontario for at least one year immediately before filing; and
- you must have a ground for divorce, almost always one year of separation.
Step 2: Gather your documents
- Your marriage certificate or registration of marriage (with a certified translation if needed).
- Full names, birth dates and addresses for you and your spouse.
- Your date of separation.
- If you have children: their details, the parenting arrangements, and the child support being paid.
Use our simple divorce application checklist to make sure nothing is missing.
Step 3: Complete Form 8A
The application is Form 8A: Application (Divorce). In a simple divorce you are the applicant and your spouse is the respondent, and you ask only for a divorce (and possibly costs). See our Form 8A guide and checklist.
Step 4: File the application and pay the fee
File your application with the Ontario Superior Court of Justice:
- online, through the Ontario government’s online filing service for family court, or
- in person at a family court office.
The filing fee is $224 ($214 provincial plus the $10 federal divorce registry fee). The court issues your application and gives it a court file number. Filing online? See how to file a divorce application online.
Step 5: Serve your spouse
Your spouse must be personally served with the issued application by someone other than you, usually a process server. The server then completes Form 6B: Affidavit of Service, which you file with the court. Your spouse has 30 days to respond (60 days if served outside Canada and the U.S.).
Step 6: Set the case down for a judge
Once the response period has passed without an answer, you file:
- Form 36: Affidavit for Divorce, your sworn evidence;
- Form 25A: Divorce Order, the draft order (with copies and stamped envelopes as the court requires); and
- your marriage certificate and any child support information.
You pay the $445 fee to set the case down.
Step 7: The judge reviews your file
A judge reviews the file in writing. If everything is in order, the judge signs your divorce order. If something is missing, the court will tell you what to fix.
Step 8: Your divorce takes effect
The divorce becomes effective 31 days after the order is signed. You can then request a certificate of divorce ($25), which is proof you’re divorced.
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Frequently asked questions
Can I file a simple divorce online in Ontario?
Yes. You can file your simple divorce application online with the Ontario Superior Court of Justice and pay the filing fee electronically, or file in person at a family court office.
Can I serve the divorce papers on my spouse myself?
No. In a simple divorce, someone other than you, usually a process server, must personally serve your spouse and then complete an affidavit of service.
Where do I file a simple divorce in Ontario?
With the Superior Court of Justice. You can file online, or in person at the family court location for the area where you or your spouse live.
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Start your simple divorceThis 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.