- Which forms you need depends mostly on whether you file alone or jointly, and whether the other spouse answers.
- A divorce cannot be granted until a marriage certificate and a Central Registry report are filed, unless you explain why a certificate is impractical.
- After the divorce takes effect, the clerk can issue a divorce certificate in Form 36B.
If you are handling your own divorce in Ontario, the paperwork can feel like a maze. The good news is that the forms follow the path your case takes: you file alone, you file together with your spouse, or your spouse answers and the case becomes contested.
This article walks through the forms and documents that come up at each stage, and what the rules say about them. Court forms and fees change, so check the current versions before you file, and speak to a lawyer if your situation is not straightforward.
Start with your path: sole or joint
Either spouse may start a divorce case. You can file an application that names your spouse as the 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 the consent of both spouses. A simple divorce application is for divorce only, so no other claim, such as support or property, can be made in it.
The forms and documents at a glance
| Stage | Form or document | Who files |
|---|---|---|
| Starting the case | Application (sole or joint) | Either spouse, or both together |
| Supporting papers | Marriage certificate or marriage registration certificate | Filed with the divorce materials |
| Supporting papers | Report on earlier divorce cases under the Central Registry of Divorce Proceedings Regulations | Required before a divorce is granted |
| Responding | Answer | Respondent, if they respond |
| Finishing | Affidavit in Form 36 | Applicant, or both applicants in a joint application |
| After the divorce takes effect | Divorce certificate in Form 36B | Issued by the clerk on request |
Supporting documents people forget
The court cannot grant a divorce until a marriage certificate or marriage registration certificate is filed. It also needs the report on earlier divorce cases started by either spouse. If you cannot get a marriage certificate, the application can explain why filing one is impractical.
The Form 36 affidavit is filed by the applicant if the respondent files no answer or withdraws it. In a joint application, the applicants file it. Once the divorce takes effect, either party can ask the clerk to check the record for appeals, and if satisfied the clerk issues the divorce certificate in Form 36B.
Service, answers and contested cases
In a sole application, your spouse must be served. The application must be specially served by someone other than the party who has to serve it. Special service methods include leaving a copy with the person, mail 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, and proof of service is then filed.
A respondent has 30 days after being served to serve and file an answer, or 60 days if served outside Canada and the United States. If no answer is filed and no extra time was requested, the applicant can take steps toward an uncontested trial decided on the applicant's evidence.
- If your spouse cannot be served in the usual way, the court may order substituted service, and service by advertisement requires Form 6A.
- If reasonable efforts to locate your spouse have failed and no substituted method is likely to work, the court may order that service is not required.
- If you also claim support or property, financial statements apply: Form 13 for support without property, and Form 13.1 for property claims with or without support.
Filing online and court 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. 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. Online fees are paid by Visa, Visa Debit, Mastercard or Debit Mastercard.
Superior Court of Justice fees are $214 to file an application, $171 to file an answer, $214 for an answer that includes the respondent's own request for a divorce, and $445 to place an application on the list for hearing. A separate $10 divorce filing fee is collected for the Central Registry of Divorce Proceedings, and it cannot be waived. Fees change, so confirm the current amounts before you file.
What to do next
- Decide whether a sole or joint application fits your situation.
- Locate your marriage certificate, or note why one is impractical to get.
- Confirm which online portal your courthouse region uses.
- Plan who will serve the papers, since it cannot be you.
- Check whether children, support or property mean your case is more than a simple divorce.
- Confirm current fees and form versions before filing.
If there are children, property or a spouse who may not cooperate, a lawyer can confirm which forms apply to you.
Frequently asked questions
Do I need a different form for a joint divorce?
A joint application is filed by both spouses with no respondent. Because the divorce and any other order can be made only with both spouses' consent, it works best when you agree. The applicants also file the Form 36 affidavit.
What if I cannot find my marriage certificate?
A marriage certificate or marriage registration certificate must be filed, but the requirement does not apply if the application explains why filing one is impractical.
Can I claim support or property in a simple divorce application?
No. A simple divorce application is for divorce only, and no other claim can be made in it. Support and property are dealt with separately, and different financial statements apply.
How do I get proof that my divorce is final?
Once the divorce takes effect, either party can ask the clerk to check the record for appeals. If satisfied, the clerk issues a divorce certificate in Form 36B.
Sources
- Family Law Rules, O. Reg. 114/99, r. 36(1) — Ontario e-Laws
- Superior Court of Justice – The Steps in a Family Case — ontariocourts.ca
- O. Reg. 293/92 (Superior Court of Justice and Court of Appeal – Fees), s. 1.2(1) — Ontario e-Laws
- Ontario.ca – File family court documents online — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.