What Happens After You File a Simple Divorce in Ontario?

Step 1 – Court Clerk Reviews Your Application

Once you file your divorce documents with the Superior Court of Justice in Ontario, the first stage involves an administrative review by the court clerk. This step is crucial to ensure that your application meets all procedural requirements before it can move forward.

Initial Filing Check

The clerk will carefully review the documents you submitted, such as:

• Form 8A (Application for Divorce) – the official form used for a simple or uncontested divorce in Ontario.
• Marriage Certificate – an original or certified copy is mandatory to prove the legal marriage.
• Affidavit for Divorce (Form 36) – confirms the facts supporting your request for divorce, such as separation date and absence of reconciliation.

If any required document is missing, incomplete, or outdated, the court clerk may return your application, delaying the process until corrections are made.

Payment Confirmation

The court fee for filing a divorce application in Ontario must be paid at the time of filing unless you qualify for a fee waiver. The clerk ensures that:

• The filing fee (currently split into two payments, totalling just over $600) has been properly paid.
• If you applied for a fee waiver, supporting documents have been reviewed and accepted.

Without confirmation of payment or approval of a waiver, your application will not proceed to the next step.

Service Requirement

For a simple divorce, the applicant must serve the filed documents on the other spouse, unless the spouse has already signed a joint application. The clerk verifies that:

• Form 6B (Affidavit of Service) has been filed, proving the other spouse received the documents.
• Service was done correctly, either through personal service or another method permitted under the Family Law Rules.

Step 2 – Waiting Period before the Divorce Moves Forward

30-Day Response Period

Once your spouse has been properly served with the divorce papers, they have 30 days to file an Answer (Form 10) if they live in Ontario. If the spouse resides elsewhere in Canada or the United States, the response period is extended to 60 days. For spouses living outside North America, they are granted 90 days.

What Happens if No Response is Filed

If your spouse does not file an Answer within the time allowed, your divorce will proceed as an uncontested matter. In this situation:

• The court will assume your spouse does not oppose the divorce.
• You may proceed to the next step by requesting that the divorce be reviewed by a judge.
• This usually results in a smoother and faster process, provided all paperwork is complete and accurate.

Next Steps if There Is a Response

If your spouse chooses to contest the divorce by filing an Answer, the matter will no longer be considered a simple or uncontested divorce. Instead, it becomes a contested divorce, which can involve:

• A case conference, where both parties and their lawyers meet with a judge to discuss the issues in dispute.
• Further hearings or motions, depending on the nature of the disagreements (e.g., property division, spousal support, child custody).
• A longer and more complex process, often requiring additional documentation and court appearances.

Step 3 – Judge Reviews the Application

Judicial Considerations

The judge’s primary responsibility is to verify that the grounds for divorce have been satisfied. In Ontario, most applicants rely on the ground of one-year separation, which is the simplest and most common basis. The judge ensures:

• You and your spouse have been living separate and apart for at least one year before the divorce order is granted.
• All supporting documents, such as affidavits and marriage certificates, confirm the facts stated in your application.
• There are no legal irregularities or issues that would prevent the court from granting the divorce.

Parenting Arrangements

If children are involved, the court takes an active role in reviewing the proposed parenting plan and financial arrangements. The judge will ensure that:

• Child support complies with the Federal Child Support Guidelines.
• Decision-making responsibility (formerly called custody) and parenting time (access) are arranged in a way that prioritises the best interests of the child.
• Both parents’ financial disclosure supports the amounts claimed in the application.

Without proper arrangements for children, the judge cannot grant a divorce order in Ontario, even if both spouses agree.

Potential Follow-Ups

If anything in your file is incomplete, unclear, or missing, the judge may:

• Request additional affidavits to clarify facts.
• Ask for supporting documents, such as updated financial disclosure or proof of child support payments.
• Return the file to you (or your lawyer) with instructions to correct the issue before it can proceed.

Step 4 – Issuance of the Divorce Order

Timeline for Approval

After judicial review, it typically takes 6 to 8 weeks for the court to process and issue the Divorce Order in Ontario. The timeframe can vary depending on:

• The court’s caseload and administrative backlog.
• Whether any documents required clarification or resubmission.
• The complexity of your file, particularly if children or support arrangements are involved.

Applicants are notified once the order has been signed by the judge and entered into the court record.

Effective Date

Although the Divorce Order is issued by the court, it does not take effect immediately. Under Canadian law, the divorce becomes final 31 days after the order is signed by the judge. This period allows time for either party to file an appeal if they believe the order was made in error.

Only after the 31-day waiting period can you apply for your Certificate of Divorce, which is the document you may need for legal purposes such as remarriage or updating official records.

What Happens if the Court Rejects the Application

In some cases, the court may decline to grant a Divorce Order. Common reasons include:

• Missing or outdated forms (e.g., an unsigned affidavit).
• Lack of proof of service, meaning the respondent spouse was not properly notified.
• Inadequate arrangements for child support or parenting responsibilities.
• Insufficient evidence of the one-year separation period.

Step 5 – Obtaining Your Divorce Certificate

Why You Need It

The Certificate of Divorce is more than just paperwork — it is the final proof of your divorce. You may need it for:

• Remarriage – In Ontario and across Canada, you cannot remarry without presenting this certificate.
• Updating legal records – Such as your will, insurance policies, or government documents.
• Immigration or travel purposes – Some jurisdictions require proof of marital status for visas or sponsorship applications.

Without this certificate, even though your divorce order is in effect, you may face delays when trying to make legal or personal changes to your status.

How to Request

You must apply for the certificate at the same court where your divorce was filed. The process usually involves:

• Completing a short request form or providing written details of your case (including court file number).
• Paying a small processing fee.
• Submitting your request either in person, by mail, or in some cases, online if the courthouse offers e-filing services.

The court staff will then issue the official certificate, signed and sealed, confirming the termination of your marriage.

Processing Times

In most Ontario courthouses, the Certificate of Divorce is available within a few days after the effective date of the divorce order (31 days after the judge signed it). However, timelines may vary depending on court workload and the method you use to request it. To avoid delays, ensure that your request is complete and includes payment of the required fee.

Post-Divorce Considerations

Updating Legal Documents

After divorce, it is essential to review and update any legal documents that name your former spouse. Common updates include:

• Wills and estate plans – Revise your will to remove your former spouse and designate new beneficiaries or executors.
• Life insurance and pensions – Contact your insurance provider or pension administrator to update beneficiaries.
• Bank and investment accounts – Close or update any joint accounts and reassign access rights.

Failing to update these documents could mean that your former spouse unintentionally remains a beneficiary, even after divorce.

Name Change (if desired)

Many individuals choose to resume their previous or maiden name after divorce. In Ontario, this process is straightforward:

• You can file an Election to Resume Former Surname form through ServiceOntario.
• The process does not require a legal name change if you are simply reverting to a former surname used before marriage.
• You will need your Certificate of Divorce to complete the process.

Financial and Parenting Adjustments

Divorce also brings ongoing responsibilities, particularly if children are involved:

• Child support – Ensure payments are made according to the Federal Child Support Guidelines and court orders.
• Spousal support – Follow the terms set out in your separation agreement or court order.
• Parenting time and decision-making – Continue to comply with parenting arrangements and adjust schedules as necessary to reflect your children’s needs.