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 19 are involved, you must include a completed Children's Law Reform Act affidavit (also called an affidavit of custody) that outlines the parenting arrangements and any existing child support arrangements. 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 personally served with the filed documents, 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.