Simple Divorce in Ontario

A simple divorce, also known as an uncontested divorce, is where both parties agree on all major issues, including the division of property, debts, and if applicable, custody and support of children.

A simple divorce offers a streamlined and cost-effective route for couples to dissolve their marriage, in contrast to a contested divorce where disagreements on issues such as child custody, support, and asset division necessitate court involvement. Such disputes in contested divorces slow the process and increase expenses significantly.

Regardless of whether you were married in another country or a different Canadian province or territory, you’re eligible to file for divorce in Ontario if you’ve resided in the province for at least one year prior to filing. This eligibility aligns with the criteria set forth in the Divorce Act, which you can consult for detailed information.

One of the benefits of opting for a simple divorce is the ability to file online, eliminating the need for court appearances and further simplifying the process.

Here is a simpler way to understand what you need to do:

Step 1: Get Your Papers Ready

1. First Paper (Continuing Record Cover Sheet): This is the first page of your court file. It keeps all your papers in one place at the court. You don’t need a court number yet; you’ll get one later. You are called the “applicant,” and your ex is the “respondent.”
2. List of Papers (Table of Contents): Make a list of all the forms and papers you put in your court file, starting with your divorce application. Write down the dates you signed and filed them.
3. Divorce Form (Form 8A): Fill in the parts that apply to you. You need to have been living apart from your ex for at least one year. Sign it, date it, and make a copy. Your ex doesn’t need to sign this.

Remember: It costs $224 to start (Filing an application: $214 + Registration of Divorce Proceedings: $10). If this is too much, you can ask the court to let you skip the fee.

Step 2: File Your Documents at Court

1. Go to the court in your area. You can find out where it is online.
2. At the court, take a number and wait for it to be called. Then give your papers to the clerk.
3. Keep the copy of your application and any paper that says you don’t have to pay the fee safe.

Step 3: Give Your Ex the Papers (Serve Your Documents)

You need to give your ex a copy of your application and a blank form they can fill out if they want to respond. Someone else who is at least 18 years old must do this for you.

Step 4: Show Proof Your Ex Got the Papers

The person who gave your ex the papers has to fill out a form (Form 6B) to prove it. They need to sign it in front of a special official (like a notary) and then put it in your court file. Your ex doesn’t need to do anything here.

Step 5: Finalize Your Divorce

If your ex doesn’t respond in 30 days, you can move on to finish your divorce with these steps:

1. Clerk’s Checklist (Form 36A): Fill in what you can, and the court clerk will help with the rest.
2. Divorce Statement (Form 36): Attach your marriage certificate and make sure everything matches your application. You need to sign this in front of a notary too, which costs $21.
3. Draft Divorce Order (Form 25A): This is a draft for the judge to sign. Make three copies – one for the court, one to be mailed to you, and one for your ex.

Note: There’s another fee of $445 before the court looks at your divorce. If paying is hard for you, you might not have to.

Step 6: Wait for the Official Divorce

Your divorce is official 31 days after the judge signs the order. You’ll get this in the mail.

After Everything

You can get your marriage certificate back and ask for a divorce certificate (you’ll need this if you want to get married again) from the court for $25.