Step-by-Step Ontario Divorce Process Guide

The Ontario divorce process can feel overwhelming when you are going through it for the first time. At Easy Path Divorce, we have helped hundreds of Ontario residents complete their divorces efficiently and affordably. This guide walks you through every step of an uncontested divorce, so you know exactly what to expect and when.

Step 1: Separate and Begin the One-Year Period

Under the federal Divorce Act, the primary ground for divorce in Canada is marriage breakdown, proven by living separate and apart for at least one year. Your separation date is the day you and your spouse decided the marriage was over and began living separately — either in different residences or, in some cases, under the same roof but as separate households.

It is important to document your separation date clearly. This date determines when you can file your application and when the one-year period is complete. If you reconcile for more than 90 days (with the intent to resume the marriage), the one-year clock resets.

Learn more about what counts as legal separation in our guide on living separate and apart in Ontario.

Step 2: Reach Agreement on All Issues (or Proceed Uncontested)

For an uncontested divorce, you and your spouse need to agree — at minimum — that the marriage has broken down. For the court to grant the divorce without reservation, you must also ensure that reasonable support arrangements for any children of the marriage are in place.

We strongly recommend entering into a signed separation agreement that addresses:

• Division of matrimonial property and equalization of net family property
• Spousal support (or a written waiver of support)
• Parenting arrangements — custody, access, and decision-making
• Child support, calculated according to the Federal Child Support Guidelines

A separation agreement is not required to obtain a divorce order, but it provides legal certainty and avoids future disputes. Our separation agreement service starts at $899 (plus HST).

Step 3: Prepare the Divorce Application

The divorce application in Ontario is filed on Form 8A (Application — Divorce) under the Family Law Rules. If you are applying jointly with your spouse, you use Form 8A as a joint application, which simplifies the process significantly. If you are filing alone (sole application), your spouse must be served with the application and given the opportunity to respond.

The application package typically includes:

• Form 8A — Application (Divorce)
• Form 36 — Affidavit for Divorce (sworn by the applicant)
• Form 25A — Divorce Order (draft, for the judge to sign)
• Certificate of Marriage or equivalent proof of marriage
• Any applicable separation agreement (if relevant to the application)

Errors in these documents — including missing information, incorrect dates, or inconsistencies — are a leading cause of court rejections and delays. At Easy Path Divorce, we review every document for accuracy before filing. See our divorce application service for full details.

Step 4: File with the Ontario Superior Court of Justice

The completed application package is filed at the Superior Court of Justice family court in the jurisdiction where either spouse has resided for at least one year. When filing, you pay the application filing fee of $224 (comprising a $214 provincial fee and $10 federal fee).

The court clerk assigns your case a court file number and stamps the documents. In most locations you can file in person, by mail, or (at select courthouses) electronically through the Ontario Court Filing portal. Processing times at the court counter vary by location and time of year.

For a full breakdown of all court fees, see our guide to Ontario court filing fees. If cost is a barrier, you may qualify for a court fee waiver.

Step 5: Serve the Respondent (Sole Applications)

If you filed a sole application (not joint), you must serve your spouse with the divorce application. Service must be personal service (direct hand-delivery to the respondent) or an alternative method approved by the court. Once served, your spouse has 30 days to file an Answer if they wish to contest any issue (60 days if they are outside Canada or the United States).

If your spouse cannot be located, there are special procedures for divorcing a missing spouse, including substituted service and publication orders. If your spouse is in another country, the Hague Service Convention may govern how service is effected.

Step 6: File the Affidavit for Divorce and Set Down

After the response period has passed (or after your spouse files an Answer confirming no contest), you complete Form 36 — the Affidavit for Divorce. This is a sworn statement confirming: the facts of the marriage, that you have been separated for one year, that there is no possibility of reconciliation, that child support arrangements comply with the Guidelines, and other required information.

You then file a requisition to have the matter set down for hearing (i.e., placed on the judge's list for administrative review). This attracts the second major court fee of $445. The total mandatory court fees for an uncontested Ontario divorce are therefore $669.

Step 7: The Judge Reviews and Issues the Divorce Order

In an uncontested divorce, a judge reviews the paper record — there is no hearing you need to attend. The judge confirms that all legal requirements are satisfied: one year of separation, jurisdiction, proper service, and adequate child support arrangements. If everything is in order, the judge signs Form 25A — the Divorce Order.

The court then notifies both parties that the order has been granted. This typically happens within a few weeks of the file being set down, though busy courts may take longer.

Step 8: The 31-Day Appeal Period

After the divorce order is granted, there is a mandatory 31-day waiting period during which either party can file an appeal. If no appeal is filed, the divorce becomes final on the 31st day. The marriage is legally dissolved at that point.

Step 9: Obtain Your Divorce Certificate (Optional)

Once the divorce is final, you can request a divorce certificate from the court for $25. This wallet-sized document confirms your marital status and is required if you wish to remarry. Without the certificate, your divorce order itself also serves as proof of divorce, though it is a more cumbersome document to carry.

Total Timeline and Cost Summary

• Separation period: Minimum 1 year
• Filing to divorce order: Approximately 2-4 months (uncontested)
• Appeal period: 31 days after order
• Court fees: $669 (or $694 with certificate)
• Easy Path Divorce service: $599 + HST (complete uncontested divorce)

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