- Your spouse does not have to consent to a divorce in Ontario.
- A respondent served in Canada or the US has 30 days to serve and file an answer, and one served elsewhere has 60 days.
- If no answer is filed, the applicant files an affidavit and an uncontested divorce is decided on paper.
If your spouse refuses to sign, ignores your messages or has disappeared, you may fear your divorce is stuck. In Ontario, it generally is not.
This article explains why consent is not required, how the other spouse must be served, and what happens whether or not they respond.
Your spouse's consent is not required
The only ground for divorce is breakdown of the marriage. The other spouse does not have to consent, and no minimum length of marriage is required. Breakdown is usually proved by living separate and apart for at least one year, and you must have been living apart when the case started. Only one spouse needs to intend the separation.
Either spouse can start the case by an application naming the other as respondent. A joint application is different: it has no respondent, and the divorce and any other order can be made only with both spouses' consent. If your spouse will not cooperate, a joint application is not the right route.
Either spouse must also have been habitually resident in Ontario for at least one year immediately before the proceeding is started.
Starting the case and serving your spouse
Divorce is dealt with only in the Superior Court of Justice, including its Family Court branch. The application is Form 8A, Application (Divorce). A simple or joint divorce can be filed online: Toronto filings go through the Ontario Courts Public Portal, and filings elsewhere go through Family Submissions Online.
Your spouse must then be served with the documents. Someone 18 or older, other than you as the applicant, must do the serving.
The court fee to file an application is $214, and a separate federal $10 fee applies to any application with a divorce claim. If you cannot afford the fees, you can request a fee waiver, but the federal $10 divorce fee cannot be waived.
If your spouse responds, or does not
A respondent served in Canada or the US has 30 days to serve and file an answer. A respondent served elsewhere has 60 days. What happens next depends on the choice they make.
| Situation | What generally happens |
|---|---|
| No answer is filed | The applicant files the Affidavit for Divorce (Form 36). The case is decided on paper and nobody is required to attend in person. |
| An answer is filed | A judge must hold at least one conference, subject to exceptions. A case cannot be scheduled for trial unless a settlement conference has been held or a judge has ordered trial scheduling. |
| The answer is withdrawn | The applicant files the Form 36 affidavit. |
If an answer is filed, the parties attend the conferences the judge holds.
What the court still needs to see
A spouse's silence does not mean the court grants a divorce automatically. The Form 36 affidavit must confirm the information in the application, prove the marriage if no certificate is filed, and give the child support arrangements and financial information. The court also will not grant a divorce until it has the marriage certificate and a report from the Central Registry of Divorce Proceedings on any earlier divorce cases. If you do not have the original marriage certificate, the court can still grant the divorce if it accepts the explanation in your Form 36 affidavit, and a certificate that is not in English must be translated by a certified translator.
The court must be satisfied that reasonable arrangements have been made to support any children of the marriage. If they have not, it delays the divorce. You also file three copies of a draft Divorce Order (Form 25A) and stamped envelopes for each party.
The clerk prepares a Certificate of Clerk (Divorce) (Form 36A) and presents the file to a judge, who may grant the divorce as drafted, return the papers for correction, or grant it with changes or refuse it after giving you a chance to respond. Once granted, the divorce usually takes effect on the 31st day after the judgment is made. The court can make it take effect earlier if special circumstances justify it and both spouses agree and undertake not to appeal. An appeal that is pending delays when the divorce takes effect.
What to do next
- Confirm that you meet the one-year residence and separation requirements.
- Gather your marriage certificate and any earlier divorce details.
- Plan child support and parenting arrangements the court can accept.
- Arrange for someone other than you, aged 18 or older, to serve your spouse.
- Keep track of the answer deadline.
- Talk to a lawyer if your spouse cannot be found, answers, or raises property or support claims.
Frequently asked questions
Does my spouse's refusal to sign stop the divorce?
No. The other spouse does not have to consent, and the ground is breakdown of the marriage. Their refusal does not stop the divorce on its own, because their consent is not required for the ground, although a joint application needs both spouses' consent.
How long does my spouse have to respond?
A respondent served in Canada or the US has 30 days to serve and file an answer, and one served elsewhere has 60 days.
Do I have to go to court if my spouse does not respond?
An uncontested divorce is decided on paper, and the rule does not require anyone to attend in person. You will still need to file the required documents, including the Form 36 affidavit.
What if my spouse files an answer?
The case becomes contested, and a judge must hold at least one conference, subject to exceptions. Many issues can still be settled along the way, so get legal advice.
Sources
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 3(1) – Justice Laws — Justice Laws (federal)
- Divorce Act, s. 8(1) – Justice Laws — Justice Laws (federal)
- Divorce Act, s. 11(1)(b) – Justice Laws — Justice Laws (federal)
- Divorce Act, s. 21(3) – Justice Laws — Justice Laws (federal)
- Family Law Rules, O. Reg. 114/99, r. 36(1)–(2) – e-Laws — Ontario e-Laws
- Ontario.ca – Documents for divorce applications — ontario.ca
- Ontario.ca – Steps to filing an application — ontario.ca
- Ontario.ca – Family court fees (updated April 9, 2026) — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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