Guided Pathway for Ontario Simple or Joint Divorce

The Difference: Simple Divorce vs. Joint Divorce in Ontario

Before filing, it’s essential to understand which divorce process suits your situation. While both the simple and joint divorce applications are uncontested, they differ in how they’re initiated and who files them.

What Is a Simple Divorce?

A simple divorce in Ontario is initiated by one spouse alone and is best suited for cases where no other claims—like child support, custody, or property division—are being made.

• Filed by one spouse (known as the applicant)
• No claims other than the divorce itself
• The other spouse is served with the application and has a chance to respond
• Typically used when there’s no disagreement, but one spouse takes the lead in filing

What Is a Joint Divorce?

A joint divorce in Ontario is ideal for spouses who mutually agree to end their marriage and have resolved all related matters.

• Filed together by both spouses
• Requires full agreement on all issues such as:
  • Child custody and access
  • Spousal or child support
  • Division of property and debts
• No service required, as both parties sign and file the documents
• Usually faster and more cost-effective due to mutual consent

Are You Eligible to File in Ontario?

Before you begin the joint divorce process, you must ensure that you meet Ontario’s eligibility requirements. These conditions apply whether you’re filing a joint or simple divorce and help determine if the Toronto family court can process your application.

• At least one spouse must have lived in Ontario for the past 12 months
  To file for divorce in Toronto, at least one of the spouses must have resided in Ontario continuously for one year before submitting the application.
• Legally valid marriage certificate (Canadian or foreign)
  You’ll need to provide a marriage certificate. If it was issued outside of Canada, you may need to have it translated and notarised.
• Marriage has broken down with no chance of reconciliation
  The most common legal ground for divorce in Canada is a one-year separation. You do not need to wait a full year to file, but the divorce will only be granted after the separation period has passed.
• Agreement on all major family matters (for joint divorce)
  A joint divorce requires mutual agreement on parenting (if children are involved), support payments, and property division. Disagreements on these issues would require alternative legal processes, such as mediation or contested divorce proceedings.

Step-by-Step Guided Pathway for Joint Divorce in Ontario

Filing a joint divorce in Toronto is a clear and cooperative process when both spouses agree on key matters. Follow this step-by-step guide to ensure a smooth experience and avoid common mistakes that can cause delays.

1. Gather the Required Documents

Before filling out any forms, collect all necessary documents to support your application:

• Original or certified marriage certificate (If issued outside Canada, a translated version may be required)
• Separation agreement, if one exists and includes terms for property, parenting, or support
• Financial disclosures when child support or spousal support is part of the agreement
• Children’s birth certificates and parenting plan, if you have dependent children

Having these documents ready will streamline the next steps and help the court assess your application efficiently.

2. Complete the Necessary Forms

Joint divorce in Ontario requires several standard forms:

• Form 8A: Application for Divorce (Joint) – This is the main form jointly completed by both spouses
• Form 36: Affidavit for Divorce – Affirms the facts and confirms that the marriage has broken down
• Form 25A: Divorce Order (Draft Order) – Provides a draft of the order you are requesting from the court
• Additional forms – These may include Form 35.1 (Parenting Affidavit) and Form 13/13.1 (Financial Disclosure) if applicable

Ensure all forms are typed, accurate, and signed before filing.

3. File the Application at the Toronto Courthouse

Once your forms and supporting documents are complete, file them at the Ontario Superior Court of Justice in Toronto.

• Bring two copies of all forms, along with the originals
• Pay the court fee, which totals approximately $632 as of 2025
• You may apply for a fee waiver (Form 13) if you meet financial eligibility criteria

After submission, the court will assign a file number and process your application.

4. Wait for Divorce Judgment and Final Order

In a joint divorce, there is no requirement to serve documents on the other spouse, since both parties have filed together.

• The court will review your documents to ensure they are complete and compliant
• If everything is in order, a divorce judgment will be granted
• The divorce becomes final 31 days after the judgment date, at which point you can request a Certificate of Divorce

Step-by-Step Pathway for Simple Divorce in Ontario

Here’s how to file a simple divorce in Ontario step by step.

1. File the Application (Form 8)

The process begins when one spouse—referred to as the applicant—files the divorce application.

• Use Form 8: Application (General), selecting only divorce as the claim
• Include the original or certified marriage certificate
• Attach Form 36: Affidavit for Divorce to confirm the breakdown of the marriage

Make copies of all documents and submit them at the Ontario Superior Court of Justice in Toronto, along with the applicable court filing fee.

2. Serve the Other Spouse

After filing, the applicant must legally serve the other spouse—known as the respondent.

• Service must follow the court’s approved methods (usually by personal service or process server)
• After service, complete and file Form 6B: Affidavit of Service with the court
• This proves the respondent has received the application and gives them the opportunity to respond

3. Wait for Response or Proceed by Default

Once served, the respondent has 30 days to respond (or 60 days if outside Canada).

• If there is no response, you may proceed with the next steps by filing the Affidavit for Divorce (Form 36) and a draft Divorce Order (Form 25A)
• The court will review the documents and, if everything is in order, issue the divorce judgment
• After the mandatory 31-day waiting period, the divorce becomes final, and you may request a Certificate of Divorce

Tips for a Smoother Filing Process in Ontario

Whether you’re pursuing a simple or joint divorce in Toronto, a few practical tips can help you avoid delays and ensure your paperwork is accepted by the court the first time around.

• Double-check all forms for completeness
  Incomplete or incorrectly filled forms are one of the most common reasons for delays. Review each form carefully before submission, and make sure all necessary attachments (like your marriage certificate and supporting documents) are included.
• Avoid common mistakes like missing financial disclosure
  If your divorce involves child or spousal support, failing to include financial disclosure forms (such as Form 13 or Form 13.1) can lead to rejection. Be transparent and provide the required information upfront.
• Ensure full agreement on parenting and support (for joint divorce)
  For joint divorces, both spouses must agree on parenting plans, custody arrangements, child support, and spousal support. Disagreements on these issues could turn a joint application into a contested one, requiring more time and legal intervention.
• Consider hiring a lawyer to review your documents
  Even if you’re filing without legal representation, having a family lawyer review your documents can provide peace of mind. They can catch errors, clarify confusing legal terms, and make sure your rights are protected—especially when children or property are involved.