How do I start a divorce in Ontario, and which court forms do I need first?

You start a divorce in Ontario by filing an application in the Superior Court of Justice, after confirming that you meet the residency rule and have a ground for divorce. Either spouse must have been habitually resident in Ontario for at least one year immediately before the proceeding is started.

The only ground is breakdown of the marriage, and your spouse does not have to consent. Breakdown is usually proved by living separate and apart for at least one year. Either spouse can apply and name the other as respondent, or both can file a joint application, and Form 8A is the Application (Divorce). A simple or joint divorce can be filed online.

Filing fees, financial statements and the evidence you must later provide depend on what you are asking for, so it is worth confirming your steps with a lawyer. The application fee is $214, plus a federal $10 fee for a divorce claim. The court will not grant a divorce until it has the marriage certificate (or marriage registration certificate) and a report from the Central Registry of Divorce Proceedings on any earlier divorce cases, although it can grant the divorce without the original marriage certificate if it accepts the explanation given in your Form 36 affidavit.