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Missing documents are one of the most common reasons divorce applications stall. Use this simple divorce application checklist to gather everything before you file in Ontario.
1. Documents to gather
- Marriage certificate or certified copy of the registration of marriage
- Certified translation if the certificate isn’t in English or French
- Separation agreement, if you have one
- Any existing court orders about children, support or property
- Fee waiver approval, if you qualify
2. Information to have ready
About you and your spouse:
- Full legal names (exactly as on the marriage certificate) and any former surnames
- Dates of birth
- Current addresses, phone numbers and email addresses
- How long each of you has lived in Ontario
About the marriage:
- Date and place of marriage
- Date of separation
- Whether you’ve tried to reconcile, and for how long
About children (if any):
- Full names and dates of birth
- Who they live with and the parenting schedule
- The paying parent’s annual income
- Monthly child support amount and any special expenses
3. Forms checklist
- Form 8A: Application (Divorce)
- Form 6B: Affidavit of Service (sole applications only)
- Form 36: Affidavit for Divorce
- Form 25A: Divorce Order (draft), with any copies and envelopes the court requires
The forms are explained in Ontario simple divorce forms.
4. Fees checklist
- $224 filing fee (or fee waiver)
- Process server fee (sole applications)
- $445 set-down fee
- $25 for a divorce certificate (optional, later)
5. Joint divorce application checklist extras
- Both spouses’ signatures on Form 8A
- Both spouses’ affidavits sworn or affirmed before a commissioner
- No affidavit of service needed
6. Before you file
- Every name and date matches across every document
- All children are listed consistently
- Affidavits are properly commissioned
- You’re using the current versions of the forms
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Our divorce application in Ontario service prepares and reviews every document on this list for $399 plus HST. Or let us handle the whole simple divorce in Ontario for you.
Frequently asked questions
What documents are required for a divorce application in Ontario?
Your marriage certificate (translated if needed), the full details of both spouses, your separation date, information about any children and child support, and any separation agreement or court order.
What if I can't find my marriage certificate?
Order a replacement from the government office where the marriage was registered. In Ontario that is ServiceOntario. Do this early, as it can take weeks.
Is the checklist different for a joint divorce application?
It's almost the same, but both spouses sign the application and affidavits, and you don't need a process server or an affidavit of service.
Divorce Application Ontario: Your Form 8A divorce application prepared and reviewed for $399 + HST.
Get your divorce application preparedThis 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.