A step-by-step roadmap from marriage certificate to Certificate of Divorce — when you both agree it's over.
Who this is for: Married couples in Ontario who want to end the marriage without a fight — either together (a joint divorce) or one of you applying (a simple divorce), with no major dispute over parenting, support, or property. What you'll get: the eligibility rules in plain terms, the difference between a simple and joint divorce, every step in order, and a document checklist you can print.
⚖️ This is a general guide, not legal advice. It can't account for your specific situation. Use it to get oriented, then confirm the details with a licensed Ontario lawyer.
First, the big picture
A divorce is the court order that legally ends a marriage. It's separate from your separation (the day you started living apart) and separate from your separation agreement (the contract that settles money and children). Many people are surprised to learn:
💡 You can be separated for years and still be legally married. Only a court can grant a divorce. Until it does, neither of you can remarry.
This guide covers the uncontested path — where you're not asking the court to decide a fight, just to grant the divorce. It's the most common, least expensive route, and you often won't set foot in a courtroom.
Are you eligible?
You generally must meet all of these:
- You are legally married (and Ontario recognizes the marriage, including most foreign marriages).
- One of you has lived in Ontario for at least the year before applying (a residency requirement).
- You have a ground for divorce.
The grounds. Under Canada's Divorce Act, the ground is a breakdown of the marriage, shown most commonly by being separated for at least one year. (Adultery and cruelty are also grounds but are used far less often and are harder to prove.)
⚠️ Verify the one-year rule applies to you. You can usually file before the full year is up, but the divorce won't be granted until the one-year separation is complete. Confirm the exact requirement and timing for your situation before you rely on it.
💡 You don't need to prove whose fault it was. Canada has no-fault divorce — "we've been separated a year" is enough.
Simple vs. joint divorce
You have two ways to bring an uncontested divorce. Pick the one that fits.
| Simple (sole) divorce | Joint divorce | |
|---|---|---|
| Who applies | One spouse | Both spouses together |
| Serving the other spouse | Required (you must formally deliver the papers) | Not required — you're both applicants |
| Best when | You can't easily cooperate, or can't locate the other spouse | You agree and want the simplest path |
| Feel | One person drives it | A shared, cooperative filing |
💡 If you're on reasonably good terms, a joint divorce is usually simpler and avoids the serving step entirely.
The roadmap at a glance
| Step | What happens | Typical timing (varies — confirm) |
|---|---|---|
| 1 | Settle parenting, support & property first | Before filing |
| 2 | Get your marriage certificate | Days to weeks to obtain |
| 3 | Complete the divorce application | A few hours to prepare |
| 4 | File at the Superior Court of Justice | Same day |
| 5 | Serve your spouse (simple divorce only) | Days |
| 6 | File the affidavit / proof | After serving |
| 7 | Court processes & a judge reviews | Weeks to months |
| 8 | Divorce Order issued | Then a waiting period |
| 9 | Get your Certificate of Divorce | After the waiting period |
⚠️ Timing varies a lot by courthouse and caseload. "A few months" is a reasonable expectation for a clean uncontested file, but don't book a wedding on it until your Certificate of Divorce is in hand.
Step 1 — Settle parenting, support, and property first
What happens: Before (or alongside) the divorce, deal with the substance — the parenting arrangements, child support, spousal support, and property division — ideally in a signed separation agreement.
Why this comes first: A divorce only ends the marriage. It does not sort out your finances or children. And there's a practical catch:
⚠️ If you have children, the court must be satisfied that reasonable child support arrangements are in place before it grants the divorce. A judge can hold up your divorce if child support hasn't been addressed. Settle this first.
What you need: A separation agreement, or at least clear arrangements you can show the court.
✅ You're done with this step when parenting and support (especially child support) are settled, and property is addressed.
💡 See our companion Separation Roadmap and Parenting Plan Worksheet in this Family set for help getting here.
Step 2 — Obtain (or locate) your marriage certificate
What happens: You'll need to prove you were married, with an official marriage certificate (or marriage registration). A photo of the ceremony or a keepsake certificate isn't enough.
Who does it: Either spouse.
What you need:
- If married in Ontario: order the certificate from ServiceOntario.
- If married elsewhere in Canada or abroad: get it from that province or country's vital-statistics authority. A foreign certificate not in English or French generally needs a certified translation.
💡 Order this early. It can take time to arrive — and you can't finish the divorce without it.
✅ You're done with this step when you have an official marriage certificate (and a translation, if needed).
Step 3 — Complete the divorce application
What happens: You fill out the application that asks the court to grant the divorce. (For a simple divorce this is the application started by one spouse; for a joint divorce, both of you sign a joint application.) It sets out your details, the date and place of marriage, the separation date, the ground (usually one year separated), and any claims.
Who does it: The applicant(s), often with a lawyer's help to get it right.
What you need: Accurate names, dates, the separation date, and details about any children and support.
⚠️ Small errors — a wrong date, a missing field, the wrong court location — are the most common reason a file gets bounced back. Accuracy now saves weeks later.
✅ You're done with this step when your application is completed accurately and signed.
Step 4 — File at the Superior Court of Justice (Family Court)
What happens: You file your application with the Superior Court of Justice (the Family Court) and pay the court fees. There are government court fees for a divorce; treat any amount you see online as "as of writing" and confirm the current fees with the court before you file.
Who does it: The applicant(s). Many courts now accept divorce filings online, which is often the easiest route.
What you need: Your completed application, your marriage certificate, and the fees.
✅ You're done with this step when the court has accepted your application and assigned it a file number.
Step 5 — Serve your spouse (simple divorce only)
What happens: In a simple divorce, you must formally serve (deliver) the application to your spouse so they have notice and a chance to respond. There are specific rules about how service must be done — typically not by you personally, but by someone else, with proof.
Who does it: Someone other than you (a friend, process server, etc.), following the court's service rules.
What you need: A copy of the filed application and a way to document that service happened.
💡 Joint divorce? Skip this step entirely — there's no one to "serve" because you're both applicants.
⚠️ Can't find your spouse? You may need the court's permission for an alternative method of service. Don't just guess — get advice.
✅ You're done with this step when your spouse has been properly served (or you've used a court-approved alternative).
Step 6 — File the affidavit and proof
What happens: Once the response window passes with no contest (and, for a simple divorce, after proper service), you file the supporting paperwork — including an affidavit confirming the facts (the marriage, the separation date, the children and support arrangements) and proof of service where required.
Who does it: The applicant(s).
What you need: The sworn affidavit and your proof-of-service documents.
✅ You're done with this step when the complete package — application, affidavit, marriage certificate, proof of service — is before the court for review.
Step 7 — Court processing and judicial review
What happens: A judge reviews the file (usually on the papers, without you attending) to confirm everything is in order, the one-year separation is met, and child support is appropriately addressed. If something's missing, the court may send it back for correction.
Who does it: The court.
What you need: Patience. This is where most of the waiting happens, and timelines depend on the courthouse.
✅ You're done with this step when the judge is satisfied and ready to grant the divorce.
Step 8 — The Divorce Order
What happens: The judge signs the Divorce Order. Important: the divorce takes effect on the 31st day after the order is made — there's a built-in waiting period (to allow any appeal).
⚠️ You are not free to remarry the moment the order is signed. You must wait out the period and obtain the Certificate of Divorce (Step 9).
✅ You're done with this step when the Divorce Order has been granted.
Step 9 — Get your Certificate of Divorce
What happens: After the waiting period, you can request a Certificate of Divorce — the document that proves your divorce is final and effective. You'll need it to remarry.
Who does it: You request it from the court.
What you need: A short request and any applicable fee (confirm the current amount with the court).
✅ You're done when you hold your Certificate of Divorce. You're legally single.
Document checklist
Print this and tick as you go.
- Official marriage certificate (with certified translation if not in English/French). From: ServiceOntario or the relevant authority.
- Completed divorce application (simple or joint).
- Separation agreement or proof your parenting/support/property arrangements are settled.
- Details of any children and the child support arrangements.
- Court filing fees (confirm current amounts with the court).
- Proof of service (simple divorce only).
- Sworn affidavit of the supporting facts.
- A note of your separation date and date and place of marriage.
Mini-FAQ
Do we have to go to court in person? Usually no. A clean uncontested divorce is typically decided on the papers, without a hearing.
Can we file together to make it simpler? Yes — a joint divorce lets you both apply and skips the serving step.
How long until it's final? It varies by courthouse, but expect a few months for a straightforward file, plus the 31-day waiting period after the Divorce Order before it takes effect.
Will the divorce divide our property and decide custody? No. The divorce only ends the marriage. Parenting, support, and property are handled in your separation agreement — settle them first.
How Treadstone Law can help
Most uncontested divorces are more about doing the paperwork right than fighting — and getting it right the first time is exactly where we save you time and stress. Treadstone Law is a digital-first Ontario firm based in Mississauga, serving the whole province virtually.
- Flat, transparent fees for uncontested and joint divorces — no surprises.
- Online intake so you can start from your kitchen table.
- We prepare the application, get the documents right, manage filing and service, and see it through to your Certificate of Divorce.
Start at treadstonelaw.ca/start-file, see pricing at treadstonelaw.ca/pricing, learn more at treadstonelaw.ca/family, or call 1-844-900-1070.
This is not legal advice
This guide is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.