Top Questions about Joint Divorce in Ontario – Answered

Who Qualifies for a Joint Divorce?

Residency Requirements in Ontario

Before a joint divorce can be filed, at least one of the spouses must meet the residency requirement, which is as follows:

• One spouse must have lived in Ontario for at least 12 consecutive months (one year) immediately before filing the joint divorce application.

Conditions for Filing: Agreement on Major Issues

The defining feature of a joint divorce is that both spouses agree to end the marriage and have settled all major family law issues. These include:

• Child Custody and Access: If children are involved, both parents must agree on a parenting plan that reflects the child’s best interests, covering custody arrangements, visitation schedules, and decision-making responsibilities.
• Child Support: The spouses must follow the Federal Child Support Guidelines and reach a mutual agreement on support amounts, payment frequency, and any special or extraordinary expenses.
• Spousal Support: If applicable, there should be a clear understanding of whether spousal support will be paid, how much, and for how long.
• Division of Property and Debts: Both parties must have reached an agreement on how to divide marital property, assets, and debts, in accordance with Ontario’s Family Law Act.

Whether Separation Is Required Before Filing

Yes, separation is required in most cases—even for joint divorces. According to the Divorce Act, the most common and accepted ground for divorce in Canada is:

• Living separate and apart for at least one year.

Couples do not necessarily need to live in different homes to be considered separated. If they live under the same roof but maintain separate lives (e.g., no shared meals, finances, or intimacy), the court may still recognise the separation.

What Documents Are Needed for a Joint Divorce Application?

Completed Form 8A (Application – Joint)

The foundational document in a joint divorce is Form 8A: Application (Divorce) – Joint. This form includes:

• Basic personal information for both spouses
• Details about the marriage and separation
• Grounds for divorce (usually one-year separation)
• Declarations regarding children, custody, and support
• A request for the court to grant the divorce

Both spouses must sign this form, confirming that they are filing jointly and agree on the matters outlined.

Marriage Certificate, Separation Agreement, and Financial Statements

In addition to Form 8A, the following supporting documents are typically required:

• Marriage Certificate:
  A government-issued marriage certificate (not the church or ceremonial version) is required to verify the marriage. If it’s not available, you may need to apply for a replacement through ServiceOntario or the appropriate provincial authority.
• Separation Agreement (if applicable):
  If the couple has drafted a Separation Agreement that outlines terms related to child custody, support, spousal support, and property division, it should be included in the application. While not mandatory, it is highly recommended as it provides the court with evidence that all issues have been settled.
• Financial Statements:
  These may be required if there are support claims or property issues being addressed in the divorce. The court may ask for Form 13 or Form 13.1 (Financial Statement) depending on the complexity of the financial arrangements. However, for straightforward divorces with no claims beyond divorce itself, these forms may not be necessary.
• Affidavit for Divorce (Form 36):
  This sworn statement confirms that all facts in the application are true and that the couple qualifies for a divorce. One spouse usually completes and signs this form before a commissioner of oaths.
• Child Support and Parenting Forms (if applicable):
  If children are involved, additional documents like the Child Support Data Sheet and Parenting Affidavit (Form 35.1) may be required to confirm arrangements comply with legal guidelines and serve the children’s best interests.

Filing Fees and Payment Methods

As of 2025, the total filing fee for a joint divorce in Ontario is approximately $632, typically split into two parts:

1. $224 when the application is submitted
2. $408 when the divorce is finalized and processed by the court

These fees can be paid by:

• Credit card or debit card (for online filings through the Ontario Court system)
• Certified cheque or money order made payable to the “Minister of Finance” for in-person filings
• Fee waiver: If either spouse has a low income or is facing financial hardship, they may apply for a fee waiver to avoid paying court fees. Supporting financial documents are required.

How Long Does a Joint Divorce Take in Ontario?

Here’s a detailed look at the timeline for obtaining a joint divorce in Ontario, taking into account typical processing times, possible delays, and how to track the progress of your case.

Average Processing Time

• Legal professionals commonly estimate that a joint or uncontested divorce takes approximately 4 to 6 months from filing to issuance of the Divorce Order.
• Some firms suggest it’s reasonable to expect completion in about 6 months when both parties have already agreed on all issues.
• However, anecdotal experiences from Ontario courts (such as Toronto or Newmarket) indicate that timelines have stretched in some regions—from 3 to 5 months, or in certain cases up to 8–10 months.

Common Causes of Delay

Even in joint divorces, delays may occur due to:

• Incomplete or incorrect documentation, requiring the court to request clarifications or additional information, which stalls processing.
• Court backlog or limited judicial resources, especially in busier urban courthouses such as Toronto, Peel, or York.
• In simple uncontested cases, steps like clearance from the Central Registry and judge review can add time—typically taking 1 to 2 months alone for a certificate from Ottawa, followed by several weeks for the court to issue a Divorce Order.
• While a joint divorce avoids serving documents, other logistical challenges may introduce delays.

What Happens After the Divorce Order?

Once a judge grant a Divorce Order, a 30- or 31-day waiting period applies before the divorce is legally in effect. After that, you can request a Certificate of Divorce from the court to have a formal record.

How to Track the Status of Your Application

1. Court Clerks:
   After filing, the court staff may notify you (often within a few business days) whether your documents have been accepted.
2. Central Registry of Divorce Proceedings (CRDP):
   The court forwards your application to the CRDP within seven days for national tracking.
3. Direct Inquiries:
   You may contact the family court where the divorce was filed to check the current status. Some applicants report needing to follow up multiple times—even months later—to get updates.

Summary Table

Stage	Estimate
Filing to Divorce Order	~4–8 months (joint/uncontested)
Judge’s 30‑day wait period	30–31 days
Certificate of Divorce	After waiting period

Can We File for Joint Divorce Without a Lawyer?

Yes, in Ontario, couples can file for a joint divorce without hiring a lawyer. This is one of the key benefits of joint divorce—it’s designed to be a more accessible, cost-effective, and amicable option for couples who are in agreement on all major issues. However, while legal representation is not mandatory, there are circumstances where legal help is strongly recommended.

Filing on Your Own vs. Using Legal Assistance

Filing on Your Own (Self-Representation):
Couples who are in full agreement can complete and submit their divorce documents independently. This is commonly referred to as a DIY divorce and involves:

• Completing Form 8A (Application – Joint)
• Attaching required documents such as a marriage certificate and separation agreement
• Paying the court filing fees
• Submitting everything via mail, in person, or through the Ontario online court portal

Self-filing is particularly suitable for:

• Couples with no children or simple custody arrangements
• Spouses with limited joint property or straightforward division of assets
• Those on amicable terms and confident in their legal understanding

Using Legal Assistance:
Some couples still choose to consult a lawyer for limited scope services, such as:

• Drafting or reviewing the Separation Agreement
• Ensuring child support follows legal guidelines
• Confirming that property division is fair and lawful
• Verifying that all documents are completed correctly before filing

Many Ontario family lawyers offer flat-rate services for joint divorces, and this can prevent costly delays or rejection of documents due to mistakes.

When Legal Help Is Recommended

Even if you are eligible for a joint divorce and have agreed on all terms, legal advice is recommended in the following situations:

• Complex financial assets such as pensions, real estate, or business ownership
• Concerns about enforceability of your separation agreement in the future
• Unequal bargaining power between spouses or lack of understanding of rights
• Spousal support arrangements that could impact future finances
• Parenting plans that may affect decision-making or residency of children

Obtaining independent legal advice (ILA) ensures that both spouses fully understand the terms and that the agreement is fair and enforceable under Ontario law.

Role of Court Staff and Online Filing Portals

Court Staff:
While court staff cannot provide legal advice, they can:

• Answer general procedural questions
• Provide or check required court forms
• Guide you on how and where to file your documents

Online Filing Portals:
The Ontario Court’s Family Law portal allows for electronic filing of joint divorce applications:

• Submit documents via the Justice Services Online (JSO) platform
• Pay court fees securely by credit or debit card
• Receive updates and notices via email
• Track status and submission dates online

What Happens After the Joint Divorce Is Granted?

Receiving the Divorce Order and Certificate of Divorce

Divorce Order:

Once a judge reviews and approves your joint divorce application, they will issue a Divorce Order. This document confirms that the court has granted your divorce, but it is not yet final. Both spouses will receive a copy—usually by mail or electronically if submitted online.

Waiting Period:

There is a mandatory 31-day waiting period from the date the Divorce Order is granted. This is required by the Divorce Act and applies to all divorces in Canada. During this period, the divorce is not yet legally in effect.

Certificate of Divorce:

After the 31 days have passed, you may apply for a Certificate of Divorce from the court where your divorce was processed. This certificate serves as official proof that you are legally divorced and is often required if you plan to remarry.
To obtain it, submit a formal request and pay a small administrative fee (typically under $25).

When Remarriage Is Legally Allowed

You can legally remarry only after the 31-day waiting period has passed and the divorce becomes final. While you can begin planning a wedding during this time, you must wait until the effective date of the divorce before obtaining a new marriage licence.

To avoid complications:

• Wait until you have received your Certificate of Divorce
• Bring the certificate to your local municipal office when applying for a marriage licence in Ontario

What to Do If Terms of the Separation Agreement Are Violated Later

Even after the divorce is finalized, each party remains legally bound by the terms outlined in the Separation Agreement. This includes obligations around:

• Child support and custody arrangements
• Spousal support payments
• Division of property and debts

If one party fails to comply with the agreement, the other has legal recourse. Options include:

1. Enforcing support payments through the Family Responsibility Office (FRO)
   • The FRO can garnish wages, intercept tax refunds, and suspend licences to collect owed payments.
2. Filing a motion with the court to enforce or modify terms
   • For example, if parenting time is being denied or financial terms are being ignored, a party can apply to the court for enforcement or variation.
3. Mediation or legal negotiation
   • In some cases, non-compliance stems from misunderstanding or a change in circumstances. Mediation or legal assistance may help resolve the issue outside of court.
4. Contempt of Court
   • If a party willfully disobeys a court order or binding agreement, the court can impose penalties or fines.

It’s important to keep records of payments, communications, and any violations to support your case if enforcement becomes necessary.

Can We Cancel or Switch Our Joint Divorce Application?

Yes, it is possible to cancel or switch a joint divorce application in Ontario, but doing so depends on the stage of the process and whether both parties still agree to proceed together. Since joint divorce is based on mutual consent, it cannot continue if even one spouse changes their mind. Here’s how it works:

Withdrawing the Application Before It’s Finalized

If both parties agree to stop the divorce process, you may withdraw the joint application as long as it hasn’t been finalized by the court. To do this:

• Submit a Notice of Withdrawal (Form 12) to the court.
• Both parties typically need to sign the notice, confirming their intent to cancel the application.
• If filing online, you may need to submit the form through the Ontario Family Law Portal or contact the courthouse where your application was filed.

Withdrawing before the Divorce Order is issued means the court will not proceed with granting the divorce, and no legal record of the divorce will be created.

What Happens If One Party Changes Their Mind

If only one spouse no longer wishes to continue with the joint divorce, the application becomes invalid. Joint divorce requires ongoing cooperation and agreement. Once that agreement breaks down:

• The joint application cannot proceed.
• The spouse who still wants a divorce must start over by filing a sole divorce application.
• The other spouse will then be served with the new application and given a chance to respond, possibly turning the matter into a contested divorce if they disagree on any issues.

It’s important to note that once the judge issues a Divorce Order, the process cannot be reversed—even if both parties have a change of heart. You would need to remarry to re-establish your legal relationship.

Switching to a Contested or Sole Divorce Application

If one party withdraws from the joint application, the remaining spouse can file a sole divorce application. The steps include:

1. Preparing a new divorce application (Form 8) – as a sole applicant.
2. Serving the other spouse with the documents using formal service rules.
3. Waiting for a response – If the other spouse contests the terms (e.g., child support, spousal support, property division), it becomes a contested divorce.
4. Proceeding through the court process, including possible case conferences, motions, and a trial if necessary.