Uncontested Divorce in Ontario: Filing Steps and Documents

When both spouses agree the marriage is over and agree on the terms, the court process is usually simpler than a contested case. It is still a formal process with specific forms, copies and steps, and mistakes can cause delays.

This article walks through the general filing sequence in Ontario. Exact timing varies by court and by how complete your paperwork is, so treat this as a map, not a promise of how long yours will take.

Check that Ontario can hear your divorce

A court in a province can hear a divorce if either spouse has been habitually resident in that province for at least one year immediately before the proceeding starts. Divorce is heard by the Superior Court of Justice, because the Ontario Court of Justice does not hear divorce.

As a general rule, the case starts in the municipality where a party lives.

The forms you file

A family case starts when a person files an application. The person who starts it is the applicant and the other party is the respondent. The general form is Form 8: Application (General), but a divorce-only case with no property or support claims uses Form 8A: Application (Divorce). For a joint divorce, both spouses sign and date Form 8A and bring four copies to the courthouse.

With the application, the applicant files a Continuing Record with a Table of Contents. Other documents depend on what else you ask for:

• Form 35.1, an affidavit about decision-making responsibility, parenting time and contact, sworn before a commissioner for taking affidavits, if you claim parenting orders.
• Financial disclosure, if the case involves child support, spousal support or property.
• A financial statement (Form 13 or 13.1) from anyone claiming support, property or exclusive possession of the matrimonial home, with an exception where the only support claim is child support in the table amount and there is no property or exclusive-possession claim.

Fees, service and what the court does first

Filings in the Superior Court of Justice may require a fee, but a fee waiver may be available. Confirm the current amount with the court office.

The application must be served by special service, carried out by someone other than the applicant who is at least 18. Afterwards the applicant files Form 6B (Affidavit of Service) with the court that issued the application. How service works in a joint application is worth confirming with the court office or a lawyer.

There is no first appearance date where the applicant seeks a divorce. In the Superior Court of Justice, the party must book a case conference instead of a first appearance being scheduled. Whether a conference is actually needed in a particular uncontested file depends on the court and the facts, so ask the court office.

If your spouse responds, or does not

A respondent served in Canada or the United States has 30 calendar days to serve and file an answer on Form 10, or 60 days if served outside those countries.

If the respondent does not serve and file an answer, they are not entitled to further notice of steps in the case, except service of the order under rule 25(13), and are not entitled to take part. The court may deal with the case in their absence, and a date may be set for an uncontested trial.

Mandatory Information Program attendance does not apply to parties whose only claims are for a divorce, costs, or incorporating an agreement or prior order, or to cases proceeding on consent. If you add other claims, each party must generally attend within 45 days after the case is started.

What to do next

• Confirm you meet the one-year residence requirement.
• Decide whether your case is divorce only or includes parenting, support or property.
• Prepare Form 8A or Form 8 and the right supporting documents.
• Make the copies the court requires, including four for a joint divorce.
• If you have a separation agreement or other domestic contract, it is unenforceable unless it is in writing, signed by the parties and witnessed.
• Ask a lawyer to review the paperwork, especially if children or property are involved.

Frequently asked questions