How to Get a Divorce in Ontario

Getting a divorce in Ontario is usually more paperwork than drama, especially when the two of you agree. The shape of it is simple: there is one legal ground, you fill out Ontario's forms, you file them online or at the courthouse, and a judge reviews them. Once a judge signs the order, the divorce becomes final about a month later, though reaching that point usually takes several months. This guide walks through the real steps, the actual forms and fees, how long it takes, and when you should bring in a lawyer.

If there is family violence in your relationship, your situation is different and help is available quickly. Talk to a lawyer or to family duty counsel at the courthouse right away.

Can you get a divorce in Ontario yet?

Two things have to be true. First, you or your spouse must have lived in Ontario for at least a year before you apply. Second, there has to be a legal ground. Canada has only one: that the marriage has broken down. Almost everyone proves that the simplest way, by living separate and apart for one year. You can file the application before the year is up, but a court will not actually grant the divorce until the full year has passed. A short attempt to reconcile, up to 90 days, does not reset the clock, so trying again for a few weeks will not cost you the year. The other two routes, adultery and cruelty, have to be proven and are used far less often.

Which kind of divorce is yours?

There are three, and which one you are in depends on how much you agree.

• Simple divorce. One spouse applies alone, on Form 8A, and asks the court for the divorce only, nothing else. If the other spouse does not dispute it, it goes through on paper with no court appearance.
• Joint divorce. You both apply together on a single Form 8A with the joint box checked, and you both sign. There is no one to serve and no one to object.
• Contested, or general, divorce. You use this when the divorce is tangled up with things you do not agree on, like parenting, support, or dividing property. It starts on Form 8 and follows the full court process.

Most people who have already sorted out their arrangements are in the first two, which are the quick, inexpensive routes.

The forms, and how to file them

A simple or joint divorce runs on a small stack of Ontario forms: Form 8A to start it, Form 36 (an Affidavit for Divorce) as your sworn evidence, and Form 25A, the Divorce Order the judge signs. You file your marriage certificate with the application, and if it is not in English or French you need a certified translation.

You can file online or in person. Ontario takes simple and joint divorces through the Attorney General's online filing system, and you will need a My Ontario Account to use it. One local wrinkle: as of October 2025, online filings in the Toronto region go through the Ontario Courts Public Portal, while the rest of the province uses Family Submissions Online. You can still walk the papers into the courthouse if you prefer.

What does it actually cost?

In court fees, about $669 for an uncontested divorce from start to finish. That breaks down as $214 to file the application, a $10 federal registry fee, and $445 later to put the case in front of a judge. Court fees are adjusted from time to time, so check the current amounts on the government's fee page before you pay. If money is tight, you can ask to have the fees waived, which is free to request and based on your income. Those figures are just the court's fees. A lawyer, if you use one, is separate.

How long does it take?

The only firm date is this: your divorce takes effect on the 31st day after the judge signs the order, which is a built-in window for appeals. You are not divorced, and not free to remarry, until that day. Everything before it depends on the courthouse. An uncontested divorce commonly takes about four to six months from filing, and a contested one can run a year or more, but those are rough guides that hinge on how backed up your court is, not promises.

Once it is final, ask the court for a Certificate of Divorce (Form 36B). That is the document you show to remarry or change your name, and it is separate from the order itself.

Do you need a lawyer?

Not for a straightforward uncontested divorce. Ontario's own self-help materials are built for people who do it themselves. You should talk to a lawyer, though, the moment there are children, support, property, or a pension in the picture, or if you and your spouse do not agree, and each of you should get independent legal advice before signing a separation agreement. Most family matters never reach a trial. Ontario offers court-connected mediation, free on-site at the courthouse on your hearing day and available off-site for a sliding-scale fee, and contested cases include a Mandatory Information Program that both people attend.

When you are ready to find someone, you can browse family-law firms across Ontario or start from your own region. For a local walkthrough, our guides to hiring a divorce lawyer in Barrie and hiring a family lawyer in Toronto show what choosing a firm looks like in specific Ontario cities.

Frequently asked questions

Can you be separated while living in the same house?

Yes, this is common when neither spouse can afford to move out right away. What matters is that at least one of you intends to end the relationship and you are living separate lives under the one roof, not that you have different addresses. Because it can be contested, keep a record of when the separation began.

How much does a simple divorce cost in Ontario?

About $669 in court fees for an uncontested divorce, made up of the $214 filing fee, a $10 federal fee, and $445 to set it down for a judge. A low-income applicant can apply to have those fees waived. Any lawyer's fees are on top of that.

Do both spouses have to go to court?

Usually not. For a simple or joint divorce, a judge reviews the paperwork and signs the order without either of you appearing. You generally only end up in a courtroom when something is contested.