Divorce Application in Ontario: Filing With the Court

Filing the divorce application is the step that starts your court case. It can feel like a big step, but for many people it is mostly paperwork: forms, a marriage certificate, fees and then service on your spouse.

This article explains in general terms where an Ontario divorce is filed, what the court needs, what the fees look like and what usually follows. Your own situation may differ, especially if children, support or property are involved, so a lawyer can confirm how this applies to you.

Before you file: grounds and residence

The only ground for divorce under the federal Divorce Act is breakdown of the marriage. It is usually shown by living separate and apart for at least one year before the divorce is decided, and being separate when the case started. There is an exception to the one-year wait: breakdown is also shown if the spouse the case is brought against has, since the marriage, committed adultery or treated the other spouse with physical or mental cruelty that makes continued living together intolerable.

An Ontario court can hear your divorce if either spouse has lived in Ontario habitually for at least one year immediately before the case starts. Only one spouse needs to meet this.

Choosing the type of application

Either spouse may start a divorce case. You can file an application naming your spouse as respondent, or both spouses can file a joint application with no respondent. In a joint application, the divorce and any other order can be made only with both spouses' consent.

A simple divorce application is for divorce only. You cannot ask for support or property in it. If you need those issues decided, they are raised differently, and it is worth getting advice on how to combine them.

Where to file and what to include

A family case generally starts in the municipality where a party lives, subject to the Courts of Justice Act. Two items are needed before a divorce can be granted:

• A marriage certificate or marriage registration certificate. This does not apply if your application explains why it is impractical to file one.
• A report on earlier divorce cases started by either spouse, issued under the Central Registry of Divorce Proceedings Regulations.

Later, an affidavit in Form 36 must also be filed. The applicant files it if the respondent files no answer or withdraws it, and in a joint application the applicants file it.

Fees and online filing

Fees can change, so confirm the current amount with the court before you pay. Simple and joint divorce applications can be filed online with an Ontario.ca login, using signed and dated documents saved as PDF or Word files, and online fees are paid by Visa, Visa Debit, Mastercard or Debit Mastercard.

In the Toronto region, since October 14, 2025, all online filings must go through the Ontario Courts Public Portal. Family Submissions Online is still available for family cases in other regions. You cannot file online to request an urgent hearing, or if your court date or legislated deadline is three business days or less away.

What happens after filing, and what to do next

Documents must be served before they are filed with the court, and proof of service is then filed. A respondent has 30 days after being served to serve and file an answer. If the respondent is served outside Canada and the United States, that time is 60 days instead. In most family cases, the parties must attend a Mandatory Information Program no later than 45 days after the case is started.

If an answer is filed, the case is contested and a judge must hold at least one conference. Before granting a divorce, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage. A divorce takes effect on the 31st day after the judgment is made, and a certificate can then be issued on request.

• Confirm you meet the one-year residence requirement.
• Decide between a sole and a joint application.
• Gather your marriage certificate and complete the forms.
• Check which portal or courthouse applies to you.
• Arrange service by someone other than you.
• Speak with a lawyer if children, support or property are involved.

Frequently asked questions