A Step-by-Step Guide for Spouses
Going through a divorce in Ontario can feel overwhelming—but understanding the process can ease stress and help you make informed decisions. Whether your divorce is contested or uncontested, knowing the legal steps, timelines, and documentation involved is essential.
This guide outlines the key stages of the divorce process in Ontario, including who can file, required forms, timelines, and legal support options.
Legal Grounds for Divorce in Ontario
To be eligible to file for divorce in Ontario, your marriage must meet one of the following legal grounds under the Divorce Act:
- You and your spouse have lived separately for at least one year
- Your spouse has committed adultery
- Your spouse has subjected you to physical or mental cruelty
✅ Most divorces in Ontario are filed on the ground of one-year separation. You may still live in the same home and be considered separated if you lead independent lives.
Can You Be Separated While Living in the Same House?
Who Can File for Divorce in Ontario?
To start a divorce application, either spouse can file if:
- At least one spouse has lived in Ontario for a minimum of 12 months
- The marriage is legally recognized in Canada
- The relationship has broken down based on one of the legal grounds above
The Divorce Process in Ontario: Step-by-Step
1. Choose the Type of Divorce
- Uncontested Divorce: Both spouses agree on decision-making responsibility, parenting time, support, and property division
- Contested Divorce: Disagreements exist and may require court intervention
Contested vs. Uncontested Divorce: What’s the Difference?
2. Complete the Required Divorce Forms
- Form 8 or 8A – Application for Divorce
- Form 36 – Affidavit for Divorce
- Form 25A – Draft Divorce Order
- Optional: Financial statements, separation agreement, parenting plan
Checklist: What You Need to File for Divorce
3. File Your Divorce Application
Submit your forms to the Superior Court of Justice in your municipality and pay the court filing fee (~$669 as of 2025).
4. Serve the Divorce Papers
If it’s not a joint application, one spouse must serve the documents to the other and file an Affidavit of Service with the court.
5. Wait for Court Review and Divorce Order
The court will review the documents and issue a Divorce Order. The divorce becomes final after 31 days.
Do You Need to Go to Court?
Uncontested divorces can often be finalized without a court appearance. Contested divorces may involve multiple court dates to resolve parenting, financial, or property disputes.
What to Expect in Ontario Family Court
How Long Does a Divorce Take in Ontario?
- Uncontested Divorce: Usually takes 2–4 months
- Contested Divorce: Can take 12 months or longer, depending on complexity
Do You Need a Lawyer for Divorce in Ontario?
While not required, working with a family lawyer can help ensure your paperwork is accurate, your rights are protected, and your separation agreement is enforceable.
Flat-Fee Divorce Legal Services in Ontario
How Much Does a Divorce Cost in Ontario?
| Type of Expense | Estimated Cost |
|---|---|
| Court Filing Fees | ~$669 |
| Legal Fees (Uncontested) | $1,000 – $5,000 |
| Legal Fees (Contested) | Varies widely; often higher |
| Additional Fees | Process serving, notaries, document copies |
How Much Does Divorce Really Cost in Ontario?
Next Step: Learn More About Divorce in Ontario
Join our free upcoming webinar:
Understanding the Divorce Process in Ontario
🗓️ July 8th at 5PM ET
You’ll learn:
- Key legal steps in the Ontario divorce process
- Tips for avoiding costly mistakes
- When to seek legal support
