FAQs About Simple Divorce in Ontario

What Is a Simple Divorce in Ontario?

How It Differs from Joint and Contested Divorce

• Joint Divorce: In this scenario, both spouses apply together for a divorce, agreeing on all related issues (e.g., support, property division, parenting). It’s a cooperative process requiring joint signatures and documentation.
• Contested Divorce: This occurs when one or both spouses disagree on aspects of the divorce, such as child support, custody, or asset division. Contested divorces are often lengthy, costly, and require court appearances.
• Simple Divorce: Only one spouse initiates the application, and there are no other disputes to resolve. The respondent does not participate beyond being served and does not oppose the divorce.

When It’s Appropriate to Use the Simple Divorce Process

A Simple Divorce is ideal in the following situations:

• You and your spouse have already resolved all other family law matters (either through a separation agreement or because there are no children or joint assets).
• There are no disagreements over spousal support, child support, custody, or property.
• You simply want to obtain a legal divorce without further litigation or negotiation.
• Your spouse is unlikely to contest the divorce or may not participate in the proceedings.

Because the process is more straightforward and typically faster, many people opt for a Simple Divorce when the relationship is truly over and both parties are ready to move on without further conflict. It’s also often more affordable than contested proceedings, especially when handled with the assistance of a lawyer or a flat-rate divorce service.

Who Can File for a Simple Divorce?

Residency and Separation Requirements

To file for a Simple Divorce in Ontario, you must meet the following residency and separation conditions:

• Residency: At least one spouse must have lived in the province of Ontario for a minimum of 12 consecutive months immediately before the divorce application is filed.
• Grounds for Divorce: The most common and accepted ground for a Simple Divorce is one year of separation. This means you and your spouse must have lived separate and apart for at least one year, even if you remain under the same roof due to financial or parenting reasons.
• Other grounds for divorce, such as adultery or cruelty, are rarely used in Simple Divorce applications because they require evidence and are typically contested.

Filing Alone (Sole Application) vs. Joint Filing Alternatives

In a Simple Divorce, one spouse (the “applicant”) files the divorce application on their own. The other spouse (the “respondent”) is served with the application but does not need to respond unless they wish to contest it. This is different from a joint divorce, where both spouses file together and sign all documents cooperatively.

Simple Divorce may be preferable if:

• You want to proceed independently and avoid involving your spouse.
• You and your spouse are not in communication but there’s no dispute over ending the marriage.
• Your spouse has moved away, but you can still locate and serve them.

If both spouses are willing to collaborate, a joint divorce may be a better alternative. It can simplify the paperwork, reduce timelines, and avoid the need for formal service.

When a Simple Divorce Is Not Suitable

There are situations where a Simple Divorce may not be appropriate. You should consider other legal options if:

• You and your spouse have unresolved issues related to child custody, spousal support, or property division.
• Your spouse is likely to contest the divorce or disagree with any part of the application.
• You are unable to locate your spouse to serve them with divorce papers (in which case, you may need to apply for substituted service or a motion to dispense with service).
• You are relying on grounds such as adultery or cruelty, which often lead to a contested divorce

What Documents Do I Need to File a Simple Divorce?

Form 8 (Application – General or Simple)

The cornerstone of your divorce application is Form 8A: Application (Divorce – Simple). This form is used when you’re seeking a divorce only, without asking the court to decide on other family law matters such as child support, property division, or spousal support.

Key features of Form 8A:

• It is designed for a sole application, meaning only one spouse is applying for the divorce.
• It includes basic details such as your name, your spouse’s name, dates of marriage and separation, and whether you have children.
• The form must be signed and dated before being filed with the court.

Note: If you intend to address other issues in your divorce (e.g., custody or financial support), you would instead use Form 8: Application (General)—but that would no longer be considered a “simple” divorce.

Marriage Certificate and Proof of Separation

• Marriage Certificate: A government-issued original or certified copy of your marriage certificate is required. If you were married in Ontario, you can order a copy from ServiceOntario. If married outside the province or country, a translated and notarized certificate may be necessary.
• Proof of Separation: While no specific document is required to prove separation, you must declare in Form 8A that you and your spouse have been living separate and apart for at least one year. The date of separation should be consistent with any other court documents or agreements you may provide.

Court Filing Fees and Optional Financial Disclosure

• Filing Fees: As of now, the court filing fees for a Simple Divorce in Ontario total $669 CAD. This is typically paid in two parts:
  • $224 when you file the application
  • $445 when you request the divorce order

Note: You may apply for a fee waiver if you meet specific low-income thresholds. Forms are available at court counters or online through the Ontario Court Services website.

• Optional Financial Disclosure: In a Simple Divorce, financial disclosure is not mandatory because the process does not address financial claims. However, if you’ve already executed a separation agreement or are considering future support claims, it’s wise to exchange financial information voluntarily or consult a lawyer.

How Long Does a Simple Divorce Take in Ontario?

Average Timelines from Filing to Final Order

• Initial Filing to Service: After you file your Form 8A and related documents with the court, you must serve your spouse with the application. This step can take a few days to a couple of weeks, depending on how easily your spouse can be located.
• Affidavit of Service & Request for Divorce: Once your spouse is served, and if they do not file an answer within 30 days (in Ontario; 60 days if served outside Canada or the U.S.), you may proceed to file the Affidavit of Service and Form 36 (Affidavit for Divorce) along with your request for a divorce order.
• Processing Time: After submitting the final documents, it typically takes 6 to 12 weeks for the court to review your file, approve the divorce, and issue the Divorce Order. Some courts may process faster, while others may take longer due to backlogs.

In total, most Simple Divorce cases in Ontario are completed within 3 to 6 months from start to finish, assuming no complications.

Factors That May Cause Delays

Several issues can delay the processing of a Simple Divorce, including:

• Incomplete or Incorrect Documents: Missing signatures, errors in forms, or failure to submit all required documents are common reasons for delays.
• Improper Service: If your spouse is not served correctly, or if the court finds the service affidavit insufficient, you may be required to repeat the process.
• Court Backlogs: Some Ontario courts, especially in larger cities like Toronto or Brampton, experience higher volumes and longer wait times.
• Disputes or Responses: If your spouse unexpectedly contests the divorce, your Simple Divorce could shift into a contested one, requiring further legal steps.

When You’ll Receive Your Divorce Order and Certificate of Divorce

Once the judge signs and issues your Divorce Order, it will typically state that the divorce takes effect 31 days later, in accordance with the Divorce Act.

Here’s what happens next:

• Divorce Order: You’ll receive a copy of the signed Divorce Order from the court either by mail or through your lawyer, if applicable.
• Certificate of Divorce: After the 31-day waiting period, you can request a Certificate of Divorce by submitting Form 36B to the court that granted the divorce. There is a small fee (usually under $25), and this certificate is your official proof of divorce for purposes like remarriage or legal name changes.

Do I Need a Lawyer for a Simple Divorce?

When DIY Is Possible

You do not need a lawyer to file for a Simple Divorce if:

• You’re only asking the court to grant a divorce (no claims for custody, support, or property division).
• You and your spouse have already lived separate and apart for at least one year.
• You know your spouse’s whereabouts and can serve them properly.
• You feel confident completing court forms and following filing procedures.

Benefits of Legal Review Even for Uncontested Cases

Even if your divorce is uncontested, consulting a lawyer can help:

• Ensure Your Documents Are Accurate: A lawyer can review your application to confirm that your paperwork is properly completed, reducing the risk of rejection or delay.
• Avoid Long-Term Legal Pitfalls: If you have a prior separation agreement or verbal arrangements with your spouse, a lawyer can confirm they comply with Ontario family law.
• Understand Your Rights: Even in seemingly simple cases, you may be entitled to support, pension division, or other rights that could be overlooked.
• Peace of Mind: Knowing a legal professional has reviewed your case gives you confidence that you’re taking the right steps.

Risks of Proceeding without Legal Advice

While many people complete a Simple Divorce successfully on their own, there are risks to be aware of:

• Mistakes or Missing Information: If your documents are inaccurate or incomplete, the court may reject your application, delaying the process.
• Overlooking Legal Rights: You may unintentionally waive future rights to support, pension, or property if you don’t fully understand what you’re agreeing to or omitting.
• Enforceability Issues: If there is an existing separation agreement that wasn’t reviewed by lawyers, it may be challenged or disregarded later if it’s found to be unfair or improperly executed.
• Complications Midway: If your spouse decides to contest the application after being served, you may need legal support to respond effectively and avoid escalation.