How Do I Start a Divorce in Ontario and What Do I File First?

To start a divorce in Ontario, one spouse must have been habitually resident in Ontario for at least one year immediately before the case is started. The only ground is breakdown of the marriage, the other spouse does not have to consent, and no minimum length of marriage is required.

Breakdown is usually proved by living separate and apart for at least one year, and you must already be living apart when you start. You can then apply on your own, naming your spouse as respondent, or file a joint application with no respondent. Divorces are dealt with only by the Superior Court of Justice, including its Family Court branch. Before you file, gather your marriage certificate and details of any earlier divorce, because the court needs the marriage certificate and a Central Registry report on earlier cases, although it can grant the divorce without the original certificate if it accepts the explanation in your Form 36 affidavit.

A simple or joint divorce can be filed online. Your own situation, such as children, support or property claims, adds further steps, so it is worth confirming with a lawyer before you file.