How Do I Fill Out the Forms for a Divorce in Ontario?

Which forms you fill out depends on whether you apply alone or jointly and on what you claim. The application for divorce is Form 8A, and either spouse can apply naming the other as respondent, or both can file a joint application. In an uncontested case the evidence is the Affidavit for Divorce (Form 36), which must confirm the information in the application and give the child support arrangements and financial information.

In a joint application, each spouse completes a separate Form 36. You also file three copies of a draft Divorce Order (Form 25A) and stamped envelopes for each party. Support or property claims need Form 13 or 13.1, except table child support alone or consent spousal support under the Divorce Act; statements are sworn before a commissioner of oaths. Once the divorce takes effect, the clerk will issue a Certificate of Divorce (Form 36B) on either party's request, after checking that no appeal or appeal extension is pending.

The court needs the marriage certificate, unless it accepts your Form 36 explanation, and a Central Registry of Divorce Proceedings report on earlier divorces. A simple or joint divorce can be filed online. If your facts are unusual, a lawyer can confirm which forms apply.