Uncontested Divorces in Ontario
How do I apply for a simple divorce in Ontario?
Before You Start:
You must apply in the jurisdiction where you or your spouse lives.
We can help you obtain a divorce in any jurisdiction in Ontario! There is no need to come to our office. You will sign all documents electronically.
You will require an original government issued Certificate of Marriage. If you were married in Ontario, you can order one online. If your Certificate is not in English or French, you will need to have it translated.
If you have children, you must have agreed upon decision making and parenting time for your children, and made satisfactory arrangements for their financial support. The court may request a copy of any Separation Agreement you signed.
If you start the process before the one-year anniversary of your separation, you cannot proceed with Step Two (Getting the Divorce Order) until that date has passed unless you qualify for divorce on other grounds (cruelty or adultery).
Step One: Starting the Court Proceeding:
You sign an Application. This document starts the process.
The Application is sent to the court office and “issued”. There is a filing fee of $224.00. If you retain us to represent you, all of the filing fees will be included in our flat rate divorce fee.
You must serve your spouse with the Application. You cannot do this yourself; you must have a third party do it. If we are representing you, we will serve them by regular mail and they must sign and return an Acknowledgement of Service card. If they agree with a divorce being ordered, they do not have to do anything else.
Step Two: Requesting the Divorce Order (approx. 30 days later):
Thirty (30) days after your spouse signs the Acknowledgement of Service card, you can proceed on an “uncontested” basis if they have not filed an Answer to dispute your request.
You will need to sign Affidavit for Divorce (Form 36). It is a sworn document that sets out the relevant dates and information about your children, including custody/access and child support. You will meet with a member of our team to sign this virtually.
The Affidavit for Divorce is sent to the court office to be presented to the judge. There is a hearing fee of $445.00.
Step Three: Requesting a Certificate of Divorce (approx. 4-6 months later):
The court will send you (or our office) your Divorce Order when it is ready, and they will also send a copy to your spouse.
As of August 2023, this usually arrives approximately 4-6 months after you file the Affidavit for Divorce.
The Divorce Order will be effective 31 days after it is granted, assuming there is no appeal.
Once it is effective, you can obtain a Certificate for Divorce (Form 36B). This is the document you need to change your name, get a new Marriage License, etc. There is a fee of $25.00 per Certificate.
There are limited options to speed up the process at this stage. If you have an urgent need for a divorce, contact a lawyer immediately.