How do I get a divorce in Ontario?
To get a divorce in Ontario, you or your spouse must have lived in Ontario for at least one year, and you must show your marriage has broken down. Almost everyone does this by living separate and apart for one year. You apply to the Superior Court of Justice, and a judge usually decides an uncontested case on paper. The divorce takes effect 31 days after the order.
Key points
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Divorce is federal law (the Divorce Act), but the court process follows Ontario's Family Law Rules.
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Only married spouses divorce. Common-law partners separate without a divorce (see Common-law relationships in Ontario).
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You can file before the year of separation is up, but the court cannot grant the divorce until it has passed.
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The divorce itself does not divide property or set support. Those are separate claims, and some have strict deadlines.
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Court fees for a divorce are currently $669. Our uncontested divorce package includes those court fees in one $2,000 block fee, plus HST.
Not sure where your situation fits? Book a free 15-minute call about your divorce.
Who can apply for a divorce in Ontario?
Ontario Superior Court of Justice can hear your divorce if either spouse has been habitually resident in Ontario for at least one year immediately before the case starts. Only one of you needs to meet this requirement. You can apply alone (a simple or sole application) or together with your spouse (a joint application).
What are the grounds for divorce in Canada?
There is only one ground: breakdown of the marriage. The Divorce Act lets you prove breakdown in three ways:
Separation: You have lived separate and apart for at least one year before the judge decides, and were separated when the cport case started
Waiting period: One year from separation
Adultery: Your spouse committed adultery
Waiting period: None, but it must be proved
Cruelty: Your spouse treated you with physical or mental cruelty that made living together intolerable
Waiting period: None, but it must be proved
Most people rely on separation, because it needs no proof of fault, only a 1-year waiting period. Adultery and cruelty must be proved with evidence, which usually adds time and cost, and the court must be satisfied that you did not forgive or encourage the conduct.
Can we be separated if we still live in the same house?
Yes. Spouses are separate and apart when at least one of them intends to live apart, and courts have accepted separation under one roof. The question is how you live, not just where. Although, in such cases separation is harder to prove, and you should talk to a lawyer.
Will trying to reconcile restart the clock?
Not if it is short. You can live together again for up to 90 days in total, with reconciliation as the main purpose, without interrupting the one-year period.
What are the steps to get a divorce in Ontario?
Only the Superior Court of Justice, including its Family Court branch, can grant a divorce in Ontario. For an uncontested divorce, the steps are:
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Prepare the application. Use Form 8A: Application (Divorce) for a divorce only, or Form 8: Application (General) if you are also asking for parenting, support or property orders. Forms are free on the Ontario Court Forms site.
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File it with the court. You can file online through Justice Services Online or in person. The court issues the application, gives it a file number and sends a Registration of Divorce Proceedings to the federal Central Registry, which checks that no other divorce is pending between you.
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Serve your spouse. In a sole application, your spouse must be formally served. In a joint application, there is no one to serve. If your spouse cannot be found, ask a lawyer about your options.
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Wait for a response. Your spouse generally has 30 days to file an Answer if served in Ontario, longer if served outside Canada or the United States.
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File for the divorce order. If there is no Answer, file Form 36: Affidavit for Divorce, a draft Form 25A: Divorce Order, proof of service and your marriage certificate.
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A judge reviews the file. Usually no one attends court. Before granting a divorce, the judge must be satisfied that reasonable arrangements exist for the support of any children, having regard to the Child Support Guidelines. If not, the divorce is put on hold.
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The divorce takes effect. This is normally the 31st day after the order, which leaves time for an appeal.
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Obtain your Certificate of Divorce if needed. Once the divorce is in effect, you may apply for and obtain a court-issued certificate of divorce.
If your application also asks about parenting, support or property, the court issues an Automatic Order. It requires both of you to attend a Mandatory Information Program and exchange financial disclosure.
What if my spouse does not agree?
If your spouse files an Answer, the case becomes contested and moves through case conferences, settlement conferences and, if needed, a trial. See: How a family court case works in Ontario walks through each stage. Couples sometimes agree to sever the divorce from the other issues so it can proceed separately, but the court will not grant it without reasonable child support arrangements.
How long does a divorce take in Ontario?
An uncontested divorce on its own usually takes about 4 to 6 months from filing. Add the one-year separation period if you are relying on separation. Timing varies by courthouse and with how complete your paperwork is. A contested case has no typical timeline. It depends on how many issues are in dispute and how quickly the parties settle.
How much does a divorce cost in Ontario?
The court fees are fixed; the legal fees depend on how much you disagree. Usually, lawyers charge a flat fee for uncontested or simple divorce.
Court filing fees:
$224 - paid when you file your Application
$445 - paid when you file the Affidavit for Divorce
Additional costs (disbursements):
- service of the Application on the opposing party (varies)
- Certificate of Divorce: $25
Our uncontested divorce package:
- $2,000 plus HST (includes legal work, court fees, and service of the application.
One fixed fee covers preparing and filing a simple or joint application, the court filing fees and other disbursements, service on your spouse, the affidavit for divorce and draft divorce order, and follow-up with the court until the order is issued. It is for spouses who have no parenting, support or property issues left to decide. If your spouse files an Answer or new claims come up, you divorce becomes contested and we tell you in writing before any extra work is billed.
For other work, we offer flat-fee and limited-scope services, and hourly work at $275 an hour, plus HST
Does the divorce settle parenting, support and property issues?
No. The divorce order ends the marriage; the other issues are settled by a separation agreement or by separate court orders, which can be part of the same case. Most couples resolve these in a separation agreement, then apply for an uncontested divorce. See Separation agreements in Ontario.
Deadlines that the divorce can trigger
A claim to equalize net family property must generally be started within two years after the divorce or six years after separation, whichever comes first. Getting divorced before property is settled can therefore shorten your time to claim. Separation and divorce can also change how your will treats your spouse. Review your will, beneficiary designations and powers of attorney as soon as you separate.
From practice
Hypothetical example. Any resemblance to a real case is coincidental.
Mary and Mark separated in March and want a quick divorce. They have one child and agree she will live mainly with Mary, but they have not settled child support or the house. They ask whether they can file a joint application now and sort out the rest later.
They can file now, but two things matter. First, the judge cannot grant the divorce until the one-year separation period has run, and will hold it until there is a reasonable child support arrangement. Second, once the divorce is granted, the two-year clock for an equalization claim starts. In a case like this, settling support and property first, in a separation agreement, usually makes the divorce itself the simplest step.
Frequently asked questions
Do I need my spouse's consent to get a divorce? No. If you rely on one year of separation, your spouse cannot block the divorce by refusing to sign. They can file an Answer and dispute other issues.
Can I get divorced in Ontario if I married outside Canada? Usually yes, if either of you meets the one-year residence rule. The court will need proof the marriage was valid in the country where you were married.
Do I have to go to court? For an uncontested divorce, usually not. A judge reviews the documents and court staff contacts you only if something is missing or unclear.
Is there a legal separation in Ontario? Not as a separate court status. You are separated when you start living separate and apart. Many couples record the terms in a separation agreement. See 'Legal separation' in Ontario.
When can I remarry? Only after the divorce takes effect, normally 31 days after the order, and you will need the Certificate of Divorce.
Talk to a family lawyer about your divorce
If you are thinking about divorce, start with a free 15-minute call. We will talk through where you stand, whether the uncontested divorce package fits, and what the next step would cost.
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A free 15-minute phone call to talk through your situation and the next step
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By phone, by video or in person at 5200 Yonge Street, Suite 200, North York ON
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Uncontested divorce package: $2,000 plus HST, including court fees and disbursements. Other flat-fee, limited-scope and Legal Aid Ontario certificate work is also available
Book a free 15-minute call about your divorce · Call 416-858-1320
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Anton Mostovoy, lawyer, licensed by the Law Society of Ontario. Last reviewed: October 12, 2026
This page is general information about Ontario and federal law, not legal advice. Reading it or contacting us does not create a lawyer-client relationship. Laws and court fees change; check the date above.