How to File for Divorce in Ontario: Where and What to Submit

Once you have decided to divorce and confirmed you are eligible, the next question is practical: where do the papers go, and what has to be included in your filing? Filing mistakes can slow a case down, so it helps to know the pieces before you start.

This article covers the court location, the required documents, fees, online filing and service. It is general information, and a lawyer can confirm what applies to your situation.

Where your divorce case is filed

Under the Family Law Rules, a family case starts in the municipality where a party lives, subject to the Courts of Justice Act. Either spouse may start the case.

Your location also affects how you file online. 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. Check which system your courthouse uses before you begin.

If you and your spouse file a joint application, the divorce and any other order can be made only with the consent of both spouses. A family legal services provider, such as a licensed paralegal, may represent a party in an uncontested divorce, or one started by joint application, if the only claim is for divorce and the parties ordinarily live in Canada.

The documents the court needs

• The application itself. It can name the other spouse as respondent, or be a joint application with no respondent.
• A marriage certificate or marriage registration certificate. The court cannot grant the divorce until one is filed.
• A report on earlier divorce cases started by either spouse, issued under the Central Registry of Divorce Proceedings Regulations.
• An affidavit in Form 36, filed by the applicant if the respondent files no answer or withdraws it, or by the applicants in a joint application.

If you cannot get a marriage certificate, the requirement does not apply if your application explains why it is impractical to file one.

A simple divorce application is for divorce only, so claims such as support or property cannot be made in it. Financial statements come in two forms: Form 13 is used for support claims without property claims, and Form 13.1 is used for property claims, with or without support.

Fees

Fees can change, so confirm the current amounts with the court before you pay. The $10 Central Registry fee cannot be waived. Whether you can get relief from any other fee depends on your situation, so it is worth confirming with the court or a lawyer.

Filing online and when you cannot

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

You cannot file online to request an urgent hearing, or if your court date or a legislated deadline is three business days or less away.

Serve first, then file, and plan your next steps

Documents must be served before they are filed with the court, and proof of service is then filed. An application must be specially served by someone other than the party who has to serve it. Methods include leaving a copy with the person, or mail with a signed Form 6 acknowledgment postcard. In most family cases, parties must also attend the Mandatory Information Program no later than 45 days after the case is started.

A respondent must serve and file an answer within 30 days after being served with the application, or 60 days if served outside Canada and the United States. If the respondent does not answer by the deadline and has not asked for more time, the applicant can take steps toward an uncontested trial, decided on the applicant's evidence alone. If a 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.

If an answer is filed, the case is contested and a judge must hold at least one conference. A divorce takes effect on the 31st day after the day the judgment granting it is made. The court may order an earlier date if special circumstances justify it and the spouses agree and undertake that no appeal will be taken, or any appeal has been abandoned. Once the divorce takes effect, the clerk checks the record for appeals at either party's request and, if satisfied, issues a divorce certificate in Form 36B.

• Confirm your municipality and which online system applies.
• Gather the marriage certificate, or note why it is impractical to get one.
• Complete, sign and date your documents.
• Arrange for someone else to serve the application.
• Pay the filing fees and keep your receipts.
• Ask a lawyer about support or property claims before you file a divorce-only application.

Frequently asked questions