Joint Divorce Application in Ontario: How Spouses File Together

If you and your spouse both agree the marriage is over, you do not have to treat the divorce as one person suing the other. Ontario lets spouses ask the court for a divorce together, in one shared application.

This guide explains who can use a joint application, what the court needs to see, what it costs, how filing works, and when the divorce actually takes effect. It is general information, and a lawyer can confirm how it applies to your situation.

What a joint application is, and its limits

Either spouse may start a divorce case in Ontario. They can file an application that names the other spouse as the respondent, or both spouses can file a joint application with no respondent.

The trade-off is control. In a joint application, the divorce and any other order can be made only with the consent of both spouses. In practice, that means either of you can stop the joint route by withdrawing your agreement. What happens next in that situation depends on your circumstances, so it is worth confirming with a lawyer.

A simple divorce application is for divorce only, so it cannot include other claims such as support or property. Whether and how those issues can be raised alongside a joint application depends on your situation, so it is worth confirming with a lawyer. A separation agreement is one way to deal with property, support and parenting, as long as it is in writing, signed by the parties and witnessed.

Who can apply and on what ground

The only ground for divorce under the Divorce Act is breakdown of the marriage. The usual way to show it is that you have lived separate and apart for at least one year before the divorce is decided, and were living separate and apart when the case started.

Spouses are treated as living separate and apart for any period when they lived apart and either of them intended to live separately. Trying to reconcile does not necessarily restart the clock: if you resumed living together for periods totalling no more than 90 days, mainly to try to reconcile, the one-year period is not treated as interrupted.

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 cohabitation intolerable. That is a poor fit for a joint application, since both of you are applying together.

Residency matters too. An Ontario court can hear a divorce if either spouse has been habitually resident in Ontario for at least one year immediately before the case starts, and only one of you needs to meet that test. If you are separated but still share a home, courts look at the facts case by case, so a lawyer can help you assess that.

Where to file and what documents are needed

A family case starts in the municipality where a party lives, subject to the Courts of Justice Act.

Before the court can grant a divorce, certain documents must be in the file:

• Your 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. In a joint application, the applicants file it.

The court also has to be satisfied of certain things before it grants a divorce. It must be satisfied that there has been no collusion and that reasonable arrangements have been made for the support of any children of the marriage. If you have children, be ready to show what the arrangements are.

Fees and how to file online

Some older guidance gives a different application fee, so confirm the current amount with the court before you pay. The $10 registry fee cannot be waived. Whether you qualify for help with other court fees is worth confirming with the court or a lawyer.

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.

• Toronto region: since October 14, 2025, all online filings must go through the Ontario Courts Public Portal.
• Other regions: Family Submissions Online is still available for family cases.
• Urgent matters: you cannot file online to request an urgent hearing, or if a court date or legislated deadline is three business days or less away.

Who can help, and what happens after filing

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.

If a judge grants the divorce, it takes effect on the 31st day after the judgment is made. In special circumstances, and if the spouses agree and undertake that no appeal will be taken, the court may order an earlier date. After it takes effect, either party can ask the clerk to check the record for appeals, and if satisfied the clerk issues a divorce certificate in Form 36B.

What to do next

• Confirm with your spouse, in writing, that you both want a joint application and agree on the date you separated.
• Gather your marriage certificate and details of any earlier divorce proceedings.
• Think through child support, parenting, property and spousal support, and ask a lawyer how they fit with your application.
• Check the current court fees and which online portal serves your courthouse.
• Speak with a lawyer if you share a home, have pensions or other property, or are unsure about residency.

Frequently asked questions