In Ontario, you can apply for a divorce once you and your spouse have been separated for at least one year, as long as one of you has lived in the province for a full year. When both people agree, most divorces are handled on paper without anyone going to court. The divorce itself is only one piece, though. Parenting, support and property need their own answers, and some come with deadlines.
The short version
- The only legal ground for divorce in Canada is marriage breakdown. Most people show it by living apart for at least one year.
- At least one spouse must have lived in Ontario for a full year before applying.
- You can apply on your own (a simple divorce) or together with your spouse (a joint divorce), on paper or online.
- Court fees are $214 to file, a $10 federal divorce fee, and $445 when the file goes to a judge.
- A divorce takes effect 31 days after the judge’s decision.
Who can get a divorce in Ontario
Canada has no-fault divorce. The only ground in the Divorce Act is that the marriage has broken down. You can show this in one of three ways:
- You and your spouse have lived apart for at least one year.
- Your spouse committed adultery.
- Your spouse treated you with physical or mental cruelty.
Most people rely on the one-year separation. If you move back in together to try to make things work, you can do that for up to 90 days in total without restarting the count.
There is also a residency rule. At least one of you must have lived in Ontario for a full year before you apply.
Simple or joint: two ways to apply
In a simple divorce, one spouse applies and the other is served with the papers. In a joint divorce, you both sign and file the application together because you agree.
Only the Superior Court of Justice, including its Family Court branch, can grant a divorce. You can file in person or online. In the Toronto region, online filing goes through the Ontario Courts Public Portal. Outside Toronto, it goes through Family Submissions Online.
The steps in a simple divorce
- File your application. This is Form 8A, Application (Divorce), filed with your original marriage certificate.
- Have your spouse served. An adult friend, a family member or a process server must deliver the papers. You cannot serve them yourself, and it has to happen within six months of the application being issued.
- Wait for a response. Your spouse has 30 days to respond, or 60 days if they live outside Canada and the United States. If they file an Answer, the case is no longer a simple divorce.
- File the final documents. If there is no response, you file an Affidavit for Divorce (Form 36), a typed draft Divorce Order (Form 25A) and proof of service.
- A judge reviews the file. Before that can happen, the court needs a clearance certificate from the federal Central Registry of Divorce Proceedings. This can take four to six weeks.
If your spouse may not agree, or there are children, support or property to sort out, get advice before you file. See how we help with separation and divorce. Legal Aid certificates are accepted for family matters.
What it costs
| Court fee | Amount |
|---|---|
| Filing the application | $214 |
| Federal divorce fee | $10 |
| Placing the application before a judge | $445 |
| Certificate of Divorce (optional) | $25 |
If you cannot afford court fees, you can ask for a fee waiver. The $10 federal fee cannot be waived. Legal fees are separate and depend on how much you and your spouse already agree on.
Children, support and property
A judge will not grant a divorce until they are satisfied that reasonable arrangements have been made to support any children of the marriage. If they are not, the divorce is put on hold until those arrangements are in place.
The divorce order ends the marriage. It does not divide property or set a parenting schedule on its own. Those issues are best settled by agreement, and a court decides them if you cannot agree. Our guide to parenting time in Ontario explains how those decisions are made.
Watch the property deadline. A claim to equalize net family property must be started within two years of the divorce or six years after separation, whichever comes first.
When the divorce becomes final
A divorce takes effect on the 31st day after the judge’s decision. A court can make it effective sooner in special circumstances, but only if both spouses agree not to appeal. Once it takes effect, you can request a Certificate of Divorce from the court office where the order was made.
Questions people ask
How long does a divorce take in Ontario?
Even when nobody disagrees, it usually takes a few months once you add up the response period, the federal clearance check and the 31-day wait. Court timelines also vary by location.
Do I need my spouse’s permission to get divorced?
No. If you meet the legal requirements, you can apply on your own. Your spouse can respond and raise other issues, which can make the process longer.
I married outside Canada. Can I divorce in Ontario?
Yes, if one of you has lived in Ontario for at least a full year. If your marriage certificate is not in English or French, it must be translated by a certified translator, and you may need proof that any earlier marriage ended.
