Simple Divorce in Ontario: Is a Do-It-Yourself Divorce Possible

Many people ask whether they can handle their own divorce in Ontario without a long court fight. If you and your spouse agree and your situation is straightforward, it may be possible to file a simple divorce yourselves.

This article explains what a simple divorce is, who generally qualifies, what it does not cover, and the signs that you should get legal advice before filing.

What a simple divorce is

A simple divorce application is for divorce only. No other claim, such as support or property, can be made in it. Either spouse may start a divorce case, either by an application naming the other spouse as respondent or by 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. That makes joint applications a natural fit when you agree.

Do you qualify? A checklist

• You are legally married, because only legally married couples can divorce.
• Either you have lived separate and apart for at least one year before the divorce is decided and were separate when the case started, or adultery or cruelty applies.
• At least one of you has been habitually resident in Ontario for at least one year immediately before the case starts.
• Reasonable arrangements for the support of any children of the marriage have been made.
• You are not asking the court to decide support or property in the same application.

If your marriage took place in another country, it can be ended in Canada if Canada recognizes it and the residence requirement is met. Because this can get technical, get advice if your marriage or residence history is not straightforward.

Separation details that can trip people up

Spouses are treated as having lived separate and apart for any period during which they lived apart and either spouse intended to live separately. Some couples separate but keep living in the same house, and a lawyer can explain what courts may consider in deciding whether spouses are separated.

If you tried to reconcile, the one-year period is not treated as interrupted if you resumed living together for one or more periods totalling not more than 90 days, mainly to try to reconcile. Before granting a divorce, the court must also satisfy itself that there has been no collusion.

What doing it yourself involves

Simple and joint divorce applications can be filed online with an Ontario.ca login, using documents that are completed, signed, dated and saved as PDF or Word files. The court cannot grant the divorce until a marriage certificate or marriage registration certificate is filed, unless the application explains why that is impractical, and until a report on earlier divorce cases is filed. An affidavit in Form 36 must also be filed.

If you serve your spouse with an application, someone other than you must do it. A licensed paralegal can also help: a family legal services provider 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.

When it is not simple

If your spouse files an answer, the case becomes contested and a judge must hold at least one conference. Contested cases can move through case conferences, settlement conferences and trial management steps, and a trial may be needed if issues remain.

A divorce-only application also does not divide property. Under the Family Law Act, the spouse whose net family property is smaller is generally entitled to one-half of the difference between the two spouses' net family properties, and RRSPs and pensions are counted as property. A claim for this property equalization has a time limit: the earliest of two years after a divorce or nullity judgment, six years after separation with no reasonable prospect of resuming cohabitation, or six months after the first spouse's death, although under section 2(8) the court may extend the time if there are apparent grounds for relief, the delay was in good faith, and no one will suffer substantial prejudice. Do not let a quick divorce cost you a property claim; get advice first.

What to do next

• Confirm your separation date and whether you lived apart or under one roof.
• Talk with your spouse about whether a joint application is realistic.
• Settle parenting and support arrangements for any children, and consider a family dispute resolution process such as mediation.
• Gather your marriage certificate and identification.
• Ask a lawyer about property, pensions and support before you file.

Frequently asked questions