Steps to Begin Your Divorce Process in Ontario: The Complete Procedural Guide
Confused by the paperwork? Learn exactly which forms to file, how to serve your spouse, and how to obtain your Certificate of Divorce under the Divorce Act.
Legal Review: This procedural guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Family Law Rules (O. Reg. 114/99) and the Divorce Act (Canada).
The Quick Answer: How Do I File?
To start a divorce in Ontario, you must file a Form 8A: Application (Divorce) with the Superior Court of Justice. You must meet the residency requirement (one year in Ontario) and prove a breakdown of the marriage (usually one year of separation). Once filed, you must personally serve the documents to your spouse. If they do not respond within 30 days, you can proceed with an Uncontested Divorce.
Choose Your Application Type
I am filing alone
Simple/Sole Application
You file Form 8A. Your spouse has 30 days to respond. If they don't, it is uncontested.
We agree on everything
Joint Application
You and your spouse sign the application together. This skips the service period and is the fastest route.
We disagree
Contested Application
You file, but your spouse files an 'Answer' (Form 10). This starts a formal court case.
Residency & Separation Rules
The 1-Year Wait
You can file for divorce before the year is up, but the court will not grant the final Divorce Order until you have been separated for a full 365 days.
This is the most common ground for divorce under Section 8 of the Divorce Act. The separation must be continuous—living apart with no intention of reconciliation.
The 90-Day Reconciliation Rule
Under the Divorce Act, you can attempt to live together to fix the marriage for up to 90 days. If the reconciliation fails, the separation clock does not restart.
This allows couples to try again without losing their progress toward the 1-year separation requirement. However, if you reconcile for more than 90 days, the clock resets.
Step-by-Step: From Filing to Final Order
Issue the Application
Fill out Form 8A: Application (Divorce). Pay the court filing fee (~$224). Submit it to the Superior Court of Justice and get the court seal.
Service (Rule 6)
You cannot serve your spouse yourself. Hire a process server or use a friend/family member over 18. Personal service is mandatory unless you get a court order for "Substituted Service."
Affidavit of Service
The server must swear Form 6B: Affidavit of Service. Without this proof, the court clerk will reject your file and you cannot proceed.
The 30-Day Wait
If no Answer (Form 10) is filed within 30 days, you can file the "Affidavit for Divorce" (Form 36) and Draft Divorce Order (Form 25A) to request the final order.
The Certificate of Divorce
The judge signs the Divorce Order. It takes effect 31 days later. You can then apply for the Certificate of Divorce (needed to remarry legally).
Relevant Laws & Statutes
Divorce Process FAQs
The court filing fee for a divorce in Ontario is approximately $632. This includes the Application fee (~$224) and other court costs. Legal fees vary depending on whether your divorce is uncontested (typically $1,500-$3,000) or contested (can range from $10,000 to $50,000+).
Deepa Tailor
Senior Family Lawyer
Deepa Tailor specializes in Family Law procedures, helping clients navigate the Ontario court system efficiently to minimize delays and rejection risks.
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