Simple Divorce in Ontario: What Qualifies and How to File

If you and your spouse agree the marriage is over and have sorted out money and children, the simplest route may fit. It can be done by one spouse or by both together.

This article explains who qualifies, what the court requires, and the steps and fees for filing in Ontario.

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. If you still need orders on those issues, you would need a different kind of application.

Either spouse may start a divorce case by filing an application naming the other spouse as respondent, or the 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.

Who qualifies

• The only ground for divorce is breakdown of the marriage.
• Breakdown is usually shown by living separate and apart for at least one year before the divorce is decided, and being separate when the case started.
• An exception allows divorce without the wait if the other spouse committed adultery or treated you with physical or mental cruelty that makes continued cohabitation intolerable.
• An Ontario court can hear the case if either spouse has been habitually resident in Ontario for at least one year immediately before the case starts.

Spouses are treated as separate for any period they lived apart while either intended to live separately. If you tried to reconcile, the year is not interrupted if you lived together for periods totalling no more than 90 days, mainly to reconcile. Some couples separate under one roof, and courts look at that case by case.

Before granting a divorce, the court must be satisfied there has been no collusion and that reasonable arrangements have been made for support of any children of the marriage.

Documents, fees and filing

The court cannot grant a divorce until a marriage certificate or marriage registration certificate is filed, and a report on earlier divorce cases issued under the Central Registry of Divorce Proceedings Regulations is also needed. The certificate requirement does not apply if the application explains why it is impractical to file one. An affidavit in Form 36 must also be filed.

Simple and joint divorce applications can be filed online with an Ontario.ca login. From October 14, 2025, all online filings for the Toronto region go through the Ontario Courts Public Portal, while Family Submissions Online is still available for family cases in other regions. Confirm current fees before you file.

Service, answers and the finish line

In an application naming a respondent, the application must be specially served by someone other than the party who has to serve it. Documents must be served before they are filed, and proof of service must then be filed. The 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 there is no answer, the applicant can take steps toward an uncontested trial decided on the applicant's evidence alone. If the other spouse cannot be served in the usual way, the court may order substituted service.

A divorce takes effect on the 31st day after the judgment is made. A certificate of divorce in Form 36B can then be issued by the clerk on request. A family legal services provider may represent a party in an uncontested divorce or joint application if the only claim is divorce and the parties ordinarily live in Canada.

What to do next

• Confirm your separation date and your Ontario residence period.
• Locate your marriage certificate.
• Settle child support and parenting arrangements first, since the court looks at them.
• Decide whether to apply alone or jointly.
• Check whether property or support needs a separate agreement; time limits can apply to equalization claims.

A divorce does not itself divide property, so a lawyer can confirm whether a simple divorce is right for you.

Frequently asked questions