To file for divorce in Ontario, you must meet the legal eligibility requirements, complete the appropriate court forms, file your application with the Superior Court of Justice, and follow the required procedures.
Under Canada’s Divorce Act, at least one spouse must generally have been ordinarily resident in Ontario for at least one year immediately before starting the divorce proceeding.
Most divorces are based on the spouses living separate and apart for at least one year.
Although you can file for divorce without a lawyer, legal assistance may be helpful if your case involves children, support, property division, or disagreements with your spouse.
What Are the Steps to File for Divorce in Ontario?
The divorce application process generally begins with confirming your eligibility and identifying the appropriate type of application.
For a simple divorce, you will typically need to complete Form 8A and obtain supporting documentation, including your marriage certificate.
The application must be filed with the appropriate court, and any required fees must be paid.
For an individual application, your spouse must generally be formally served with the documents. Additional paperwork will be required before the court can consider granting the divorce.
The Ontario government’s family court procedures guide provides information about these steps.
Can I File for Divorce Online in Ontario?
Yes. Ontario provides online filing services for eligible family court documents, including divorce applications. The process depends on the court location and the documents being submitted.
For the Toronto region, online family court filings are submitted through the Ontario Courts Public Portal.
Other Ontario regions may use a different filing portal.
The Ontario government’s online family court filing page provides current instructions and eligibility information.
What Documents Do I Need to Apply for Divorce?
The required documents depend on whether you are applying individually or jointly and whether additional family law claims are involved.
Common documents include a completed divorce application, marriage certificate, and any required affidavits or supporting court forms.
If your marriage certificate is in a language other than English or French, a certified translation may be required.
Additional information may also be necessary if you have children or need to address financial matters.
Following the court’s document requirements carefully can help avoid delays.
How Much Does It Cost to File for Divorce in Ontario?
Ontario charges court fees for divorce applications.
According to the Ontario family court fee schedule, fees may include an application filing fee, a fee to place the matter before a judge, and the applicable federal divorce registration fee.
Additional expenses may include document preparation, service, translations, or legal representation.
Individuals experiencing financial hardship may qualify for a court fee waiver.
How Long Does It Take to Get a Divorce in Ontario?
The timeline depends on the court’s workload, whether documents are completed correctly, and whether the divorce is contested.
For divorces based on one year of separation, the court generally cannot grant the divorce until the required separation period has passed.
Once a divorce order is granted, it ordinarily takes effect on the 31st day after the order is made, unless the court orders otherwise.
Disputes involving parenting, support, or property may require additional proceedings.
Speak With a Toronto Divorce Lawyer About Your Situation
Filing for divorce involves several legal and procedural requirements, and mistakes may cause unnecessary delays.
At Gelman & Associates, our Toronto divorce lawyers assist with divorce applications, separation agreements, and disputes involving children or finances.
Contact Gelman & Associates at 1-844-736-0200 to book a consultation and discuss your options for starting the divorce process in Ontario.
