How to File for Divorce in Ontario

Between 64% and 74% of parties in Ontario family-law matters are self-represented at initial filing. Many hit the same wall: the Ontario Superior Court of Justice provides the blank forms for free, but no one tells you what order to file them in, how to get them served properly under Rule 6, or what will get your application rejected by the court clerk before a judge ever sees it.

Here is the full filing sequence — from the residency check to the Certificate of Divorce — with the exact forms, fees, and deadlines at each step.

Before You File: Residency and Grounds

You cannot file in Ontario unless at least one spouse has been a habitual resident of the province for a minimum of one continuous year immediately before the application is filed. This is a strict statutory requirement under section 3(1) of the federal Divorce Act. A temporary absence for travel or work does not break the clock, but an indefinite relocation abroad disqualifies you.

Ontario courts accept three grounds for marriage breakdown under section 8(2) of the Divorce Act:

• One-year separation — the no-fault ground used in the vast majority of filings. You can file your application at any point after separating, but the final divorce order cannot be granted until the full 365 days have elapsed. A reconciliation attempt of up to 90 cumulative days does not reset the clock.
• Adultery — no waiting period, but only the "innocent" spouse can bring the claim. This ground cannot be used in a joint application.
• Physical or mental cruelty — no waiting period, but the threshold is high. Ordinary marital discord does not qualify. You need documentation like police records, medical files, or psychological assessments.

Most self-represented filers use the one-year separation ground because it requires no evidence beyond a sworn statement of the separation date.

The 9-Step Filing Sequence

Step 1: Prepare Your Application Package

Complete Form 8A: Application (Divorce) with your legal names exactly as they appear on your marriage certificate — even a single middle-initial discrepancy will flag the file. If your marriage took place outside Canada and the certificate is not in English or French, you need a certified translation from a member of the Association of Translators and Interpreters of Ontario (ATIO).

You will also need to complete the federal Registration of Divorce Proceeding form, which goes to the Central Registry of Divorce Proceedings (CRDP) in Ottawa.

Step 2: File the Application and Pay the Stage One Fee

Submit your Form 8A, original marriage certificate, and the $224 filing fee (consisting of a $214 provincial fee plus a $10 federal CRDP levy) through the correct regional portal:

• Toronto region: Ontario Courts Public Portal (mandatory for 47 Sheppard Ave E and 311 Jarvis St locations)
• All other regions: Family Submissions Online portal on the Justice Services Online (JSO) platform

Filing in the wrong portal causes rejections and missed deadlines. Once accepted, the court issues your application with a court file number, signature, date, and seal.

Step 3: Serve the Respondent

Because the application is an originating document, Rule 6 of the Family Law Rules requires Special Service. You cannot personally hand the documents to the respondent. You must use a process server or any person who is at least 18 years old to deliver them.

If using personal service, the server hands the package directly to the respondent. If using mail service, the package must include Form 6: Acknowledgement of Service, which is only valid if the respondent signs and returns it.

Service must happen within six months of the application being issued.

Step 4: Wait Out the Answer Period

The respondent has 30 days to file a Form 10: Answer if served within Canada, 60 days if served within the United States, or 90 days if served anywhere else internationally. If no Answer is filed, the respondent is noted in default and loses the right to participate in future steps.

Step 5: File Proof of Service

Your process server swears Form 6B: Affidavit of Service in front of a commissioner for taking affidavits (free at any Ontario family court counter) or a licensed notary. Upload the sworn Form 6B and Form 36A: Certificate of Clerk (Divorce) through the same portal you used in Step 2.

Step 6: Wait for the CRDP Clearance Certificate

The local court sends your registration to the Central Registry of Divorce Proceedings in Ottawa within 7 days of your initial filing. The CRDP searches its database and sends back a Clearance Certificate, confirming no other active divorce proceedings exist between these two spouses anywhere in Canada. This typically takes 4 to 6 weeks.

Your divorce cannot proceed to judicial review until this certificate arrives.

Step 7: Submit the Judgment Package and Pay the Stage Two Fee

File Form 36: Affidavit for Divorce (sworn in front of a commissioner or notary), a typed Form 25A: Divorce Order (not handwritten), and two stamped self-addressed envelopes — one for each spouse.

The Stage Two fee is $445, payable through the same portal.

Step 8: Judicial Desk Review

A judge reviews your written materials in chambers — no court appearance required for uncontested divorces. If everything is in order and any child support arrangements comply with the Federal Child Support Guidelines, the judge signs the Form 25A Divorce Order.

Court staff mail certified copies to both spouses using the envelopes from Step 7.

The divorce order does not take legal effect immediately. It becomes effective on the 31st day after the judge signs it — that is the statutory appeal window.

Step 9: Get Your Certificate of Divorce

After the 31-day appeal period expires, submit Form 36B: Certificate of Divorce and pay the $25 fee. The Certificate of Divorce is required if either party wants to remarry.

Total Court Fees

The mandatory court fees for an uncontested Ontario divorce total $694:

If you cannot afford these fees, Ontario has a fee waiver system — you can apply through Form FW-A-3 to the registrar if your household income, liquid assets, and net worth meet the provincial criteria or a qualifying program or certificate applies, or through Form FW-A-4 to a judge if the automatic route is denied.

The Mistakes That Get Applications Rejected

Court clerks reject applications for specific, predictable reasons:

• Name mismatches between your Form 8A and marriage certificate
• Unredacted personal identifiers — Rule 13 requires you to black out all Social Insurance Numbers, bank account numbers, credit card numbers, and mortgage identifiers before filing
• Continuing Record errors — every document must be organized into the Continuing Record under Rule 9, with a proper Cumulative Table of Contents and correct tab numbering
• Adultery in a joint filing — structurally impossible under section 8(2)(b)(i) of the Divorce Act
• Insufficient child support documentation — judges have a non-discretionary duty under section 11(1)(b) to verify reasonable arrangements before granting the divorce

When You Need a Lawyer

A simple, uncontested divorce with no children and no property can be handled on your own. But if your situation involves real property, active pensions, private business ownership, or any history of family violence, professional representation is not optional — it is a financial and safety necessity.

The Ontario Divorce Filing Process Guide walks through each step with pre-filing validation checklists, the continuing record setup, the NFP equalization worksheet, and the complete forms sequence — the procedural roadmap that bridges the gap between downloading blank forms and actually getting through the system.

See more Ontario guides →