How to File for Divorce in Ontario Family Court

Filing for divorce in Ontario is mostly a matter of choosing the right type of application, collecting a few required documents, serving your spouse properly and submitting everything to the court. Each step has its own rules, and mistakes can cause delay.

This article walks through those steps in plain language. It explains the general process, not your particular situation, so a lawyer can confirm how it applies to you, especially if children, support or property are involved.

Check that you can apply in Ontario

A divorce is a court order officially ending a valid marriage, and only legally married couples can divorce. The only ground for divorce under the federal Divorce Act is breakdown of the marriage.

Breakdown is usually shown if you have lived separate and apart for at least one year before the divorce is decided and were living separate and apart when the proceeding started. There is an exception with no one-year wait 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 cohabitation intolerable.

An Ontario court can hear a divorce if either spouse has been habitually resident in Ontario for at least one year immediately before the proceeding starts, and only one spouse needs to meet this. A marriage performed in another country can be ended by divorce in Canada if Canada recognizes that marriage and the residence requirement is met.

Choose your type of application and where to file

Under the Family Law Rules, either spouse may start a divorce case, and there are two main routes.

• An application that names the other spouse as the respondent.
• A joint application filed by both spouses, with no respondent.

In a joint application, the divorce and any other order can be made only with the consent of both spouses. A simple divorce application is for divorce only. No other claim, such as support or property, can be made in it.

A family case starts in the municipality where a party lives, subject to the Courts of Justice Act. In the Superior Court of Justice, the fee to file an application is $214. Which court office is right for your case depends on your situation, so it is worth confirming with a lawyer.

Documents the court needs

• The application or joint application itself.
• A marriage certificate or marriage registration certificate. If it is impractical to file one, the application must explain why.
• A report on earlier divorce cases started by either spouse, issued under the Central Registry of Divorce Proceedings Regulations.
• An affidavit in Form 36. The applicant files it if the respondent files no answer or withdraws it, and in a joint application the applicants file it.
• Proof that the application was served.

The court cannot grant a divorce until the marriage certificate (or the explanation) and the report on earlier cases are in the file. Most family cases also require the parties to attend a Mandatory Information Program no later than 45 days after the case is started. Ask the court or a lawyer whether it applies to your case.

Serve your spouse and see what happens next

An application must be specially served, and the person who serves it cannot be the party who has to serve it. Special service methods include leaving a copy with the person, mailing it with a signed Form 6 acknowledgment postcard, or leaving a copy at the residence and mailing another copy. Documents must be served before they are filed with the court, and proof of service must then be filed.

A respondent must serve and file an answer within 30 days after being served. If the respondent was served outside Canada and the United States, the time is 60 days. If no answer is filed by the deadline and no extra time was requested, the applicant can take steps toward an uncontested trial, decided on the applicant's evidence alone. If an answer is filed, the case is contested and a judge must hold at least one conference.

If your spouse cannot be served in the usual way, the court may order substituted service by a method it chooses. If reasonable efforts to locate the person have failed and no substituted method is likely to work, the court may order that service is not required.

A divorce usually takes effect on the 31st day after the day the judgment granting it is made, but the court may order it to take effect earlier if special circumstances justify it and the spouses agree and undertake that no appeal will be taken, or any appeal has been abandoned. After it takes effect, the clerk checks the record for appeals at either party's request and, if satisfied, issues a divorce certificate in Form 36B.

Filing online and fees

Simple and joint divorce applications can be filed online with an Ontario.ca login. Documents must be completed, signed and dated, and saved as PDF or Word files, and online fees are paid by Visa, Visa Debit, Mastercard or Debit Mastercard.

From October 14, 2025, all online filings for the Toronto region must go through the Ontario Courts Public Portal, while 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.

The Ministry of the Attorney General collects a $10 divorce filing fee for the federal Central Registry of Divorce Proceedings, and this fee cannot be waived. Court filing fees are set by regulation and can change, so confirm the current amounts with the court before you file.

What to do next

• Confirm the date you separated and where each spouse has lived.
• Locate your marriage certificate or marriage registration certificate.
• Decide whether you need only a divorce or also support, property or parenting orders.
• Choose a person to serve your spouse; it cannot be you.
• Check which online system your courthouse uses.
• Speak with a lawyer if anything is complicated or contested.

Frequently asked questions