Simple vs Joint Divorce Application in Ontario: Which to File

If you and your spouse have decided to end your marriage and you only need the divorce itself, Ontario gives you two routes. You can apply on your own, or you can apply together. The right choice usually depends on whether you and your spouse are cooperating.

This article compares the two routes, explains who can file and on what grounds, and walks through the documents, service, fees and timing. It is general information only. If children, support, property or pensions are in play, a lawyer can explain how they fit around the divorce.

The two ways to apply

Under the Family Law Rules, either spouse may start a divorce case. You can file an application naming your spouse as the respondent, or the two of you can file a joint application with no respondent.

A joint application suits spouses who agree. If your spouse will not cooperate, or you cannot reach them, the simple application lets you proceed alone.

Who can file and where

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. Only one spouse needs to meet this.

A family case generally starts in the municipality where a party lives, subject to the Courts of Justice Act. A marriage performed in another country can be ended by divorce in Canada if Canada recognizes that marriage and the residence requirement is met.

The grounds for divorce

The only ground for divorce 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 apart when the case started.

• Spouses are treated as separate for any period they lived apart and either one intended to live separately.
• Getting back together mainly to try to reconcile, for periods totalling no more than 90 days, does not interrupt the one-year period.
• No one-year wait applies if the other spouse has committed adultery or treated you with physical or mental cruelty that makes living together intolerable. In that case the court must also be satisfied that you have not condoned or connived at it, and living together again for 90 days or less, mainly to reconcile, is not condonation.

Some couples separate but stay in the same house. Whether that counts is decided case by case, so a lawyer can explain what courts may consider.

Documents, service and the answer period

The court cannot grant a divorce until a marriage certificate or marriage registration certificate is filed, and a report on earlier divorce cases started by either spouse under the Central Registry of Divorce Proceedings Regulations. If you cannot file the certificate, your application can explain why that is impractical.

An affidavit in Form 36 must also be filed. The applicant files it if the respondent files no answer or withdraws it. In a joint application, the applicants file it.

In a simple application, the application must be specially served by someone other than the party who has to serve it. Documents are served before they are filed, and proof of service is then filed. The respondent has 30 days after service 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 has been requested, the applicant can take steps toward an uncontested trial decided on their evidence alone. If an answer is filed, the case becomes contested and a judge must hold at least one conference. If your spouse cannot be found, the court may order another method of service or, in limited cases, that service is not required.

Fees, online filing and who can help

• $214 to file an application, and $445 to place it on the list for hearing.
• A $10 divorce filing fee for the Central Registry, which cannot be waived.
• A respondent pays $171 to file an answer, or $214 if the answer includes their own request for a divorce.

Fees change, so confirm the current amounts with the court before you file. Simple and joint divorce applications can be filed online with an Ontario.ca login, using signed and dated PDF or Word files, with fees paid by Visa, Visa Debit, Mastercard or Debit Mastercard.

Since October 14, 2025, all online filings for the Toronto region go through the Ontario Courts Public Portal, while Family Submissions Online remains available for family cases in other regions. You cannot file online to request an urgent hearing, or if your court date or legal deadline is three business days or less away.

A licensed 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.

Before and after the judgment, and next steps

Before considering the evidence, the court must satisfy itself that there is no possibility of the spouses reconciling, unless it would clearly be inappropriate to do so. It must also be satisfied that there has been no collusion and that reasonable arrangements have been made for the support of any children of the marriage.

A divorce takes effect on the 31st day after the judgment is made. The court may set an earlier date in special circumstances if the spouses agree and undertake that no appeal will be taken. After it 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 that at least one of you has lived in Ontario for a year.
• Work out your separation date and the grounds you will rely on.
• Decide whether you can apply jointly or need to apply alone.
• Gather your marriage certificate and details of any earlier divorce proceedings.
• Settle child support arrangements, and talk to a lawyer about support, property and pensions, which a simple divorce does not cover.

Frequently asked questions