What documents do I need to start a divorce in Ontario?
To begin a divorce in Ontario, you file with the Ontario Superior Court of Justice. The main document is the Application for Divorce — either a joint application (both spouses sign) or a sole application (you file alone). You will also need your original or certified marriage certificate, or a registration of marriage from the province where you married. If your certificate is in another language, a certified translation is required.
If children under 18 are involved, you must include a completed parenting affidavit (Form 35.1) — the affidavit in support of claims for decision-making responsibility or parenting time. If you are seeking spousal or child support as part of the divorce, additional financial disclosure forms are required.
Once filed, the court will issue a court file number. For a sole application, your spouse must be served with the filed documents by special service, which includes handing a copy to them personally, and you'll need to file an affidavit proving service. Fees apply when filing, and fee waiver certificates are available if you qualify financially. A family law lawyer can help you assemble and file the package correctly the first time.
Key takeaways
- You need the Application for Divorce and your marriage certificate to begin.
- Parenting and support forms are required if children are involved.
- Sole applications require personal service on your spouse after filing.
- Court filing fees apply; fee waivers are available for those who qualify.