Ending a marriage in Ontario is a federal process carried out through a provincial court. Most divorces are uncontested and follow a well-worn path. To assist you in understanding the process, we have prepared an overview of how that path works, the forms involved, and importantly, how the process differs depending on whether you were married or living common-law.
Married or Common-Law? The Threshold Question
The word “divorce” applies only to legally married spouses. A divorce dissolves a marriage under the federal Divorce Act, and only a legally married person can obtain one.
Common-law partners do not, and cannot, file for divorce, because there is no marriage to dissolve. When a common-law relationship ends, the partners simply separate; no court order is required to make that separation legal. What differs is how the financial consequences are handled:
- Property: The Family Law Act‘s equalization of net family property (Part I) applies only to married spouses. Common-law partners are not entitled to an equalization payment; each keeps what they own, and a partner seeking a share of the other’s property must generally advance an equitable claim such as unjust enrichment or constructive trust.
- Support: Common-law partners may claim spousal support under the Family Law Act if they meet the definition of “spouse” in s. 29; broadly, cohabiting continuously for at least three years, or being in a relationship of some permanence together with a child.
- Children: Child support and parenting arrangements do not turn on marital status. A child’s rights are the same whether or not the parents were married.
The balance of this article concerns divorce in the strict sense: the process for married spouses.
Who Can File: Residency and Grounds
Two requirements must be met. First, at least one spouse must have been ordinarily resident in Ontario for at least one year immediately before the application (Divorce Act, s. 3). Second, you must establish that the marriage has broken down (s. 8), shown in one of three ways: living separate and apart for one year, adultery, or physical or mental cruelty.
Canada is a no-fault jurisdiction, and the great majority of couples rely on one year’s separation. You may file before the year is complete, but the court will not grant the divorce until the full year has elapsed. A reconciliation attempt of up to 90 days does not reset the clock (s. 8(3)(b)).
The Forms You’ll Need
For a straightforward divorce, the core documents are:
- Form 8A – Application (Divorce): the main application, used for a sole or joint divorce. Where there are contested claims for support, property, or parenting, Form 8 – Application (General) is used instead.
- Form 36 – Affidavit for Divorce: the sworn statement setting out the facts that support the divorce.
- Form 25A – Divorce Order: the draft order for the judge to sign.
- Form 6B – Affidavit of Service: proof that the documents were served.
- Form 10 – Answer: filed only if the responding spouse contests.
- Marriage certificate: the original or a certified copy must be filed, or the divorce cannot be granted.
Applicants who receive social assistance or fall below the low-income threshold may seek a fee waiver using Form FW-A-3.
The Process, Step by Step
- Prepare and file. Complete Form 8A and file it with the Superior Court of Justice, in person or through Ontario’s online portal. Court fees total roughly $669 in provincial fees plus a mandatory $10 federal fee, split between filing and the later affidavit stage. (These amounts are adjusted periodically; confirm the current fees before filing.)
- Issuance and clearance. The clerk issues the application and forwards it to the federal Central Registry of Divorce Proceedings, which confirms no other divorce is already underway. This is typically a four-to-six-week step.
- Serve your spouse. In a sole application, the papers must be served on the other spouse. You cannot serve them yourself; service must be carried out by someone eighteen or older who is not a party, who then swears Form 6B. Joint applications skip this step.
- Wait for a response. The served spouse has 30 days to file an Answer (60 days if served outside Canada or the United States). If none is filed, the divorce proceeds as uncontested.
- Obtain the order. File the Affidavit for Divorce (Form 36) and draft Divorce Order (Form 25A). A judge reviews an uncontested matter in chambers, without a hearing, and signs the order. The divorce takes effect 31 days later (Divorce Act, s. 12(1)); after that, you may request a Certificate of Divorce as formal proof.
An uncontested divorce generally takes four to six months from filing. Contested matters can run a year or more.
Frequently Asked Questions
No. A declaration that you have lived separate and apart for one year is sufficient, and fault does not change parenting, child support, or spousal-support rights.
Usually not. Uncontested divorces are decided on the documents by a judge in chambers, without an appearance.
Once the divorce is final, 31 days after the order is signed, and you have obtained your Certificate of Divorce.
Key Takeaways
- Only married spouses divorce; common-law partners separate, with property and support governed by the Family Law Act rather than the Divorce Act.
- One year’s Ontario residency and a one-year separation are the usual prerequisites.
- The essential forms are 8A, 36, 25A, and 6B, filed with the Superior Court of Justice together with your marriage certificate.
- A divorce becomes final 31 days after the order is granted.
Speak With Us
Even an uncontested divorce benefits from a careful review of your parenting, support, and property position before anything is filed or signed. The family law team at Progressive Legal Solutions advises clients across North York, Barrie, and the Greater Toronto Area at every stage of the process. Contact our office to arrange a consultation.
