Educational how-to
How to file for a divorce in Ontario
This page is a public educational walkthrough. It is not a retainer, a court form, or a promise about your result. For legal advice, you should contact an appropriate Lawyer or Paralegal specializing in the area of law you need assistance with.
Decide whether you are starting a case or only ending the marriage
A divorce order ends the legal marriage. Parenting, child support, spousal support and property are separate claims. File a divorce at the Superior Court of Justice or a Unified Family Court branch, not at a regular OCJ criminal counter. If your city is not a UFC city, parenting and child-protection files may still live at the Ontario Court of Justice.
Confirm Ontario can hear the divorce
Usually at least one spouse must have been ordinarily resident in Ontario for at least one year immediately before the application is filed. If neither spouse lives here, this is the wrong province.
Get the current Family Law Rules forms
Open Court Forms in the header. For most sole applications you need Form 8A Application (Divorce) or Form 8 Application (General) if there is no divorce claim. You will often also need a financial statement: Form 13 for support-only, or Form 13.1 if property and support are both claimed. Form 36 is the affidavit used later to prove the divorce should issue. Download the forms the day you file.
Gather the documents before you type
You typically need a marriage certificate or registration, addresses for both spouses, dates of marriage and separation, and a list of children. If support or property is claimed, gather tax returns, pay stubs, bank and property records. Missing financial disclosure is one of the main reasons a family file stalls.
Fill the application in numbered paragraphs
Use legal names. State the ground (most people use one-year separation under the Divorce Act). List every order you want the court to make. Do not hide a parenting or support request in a side letter.
File at the Superior Court of Justice family counter
Divorce is not Small Claims and not the Ontario Court of Justice. Pay the fee or file the official court fee-waiver forms first. Ask whether your location uses Justice Services Online. Keep the issued application; that package is now the court file.
Serve the other spouse if you applied alone
The Family Law Rules set how service must be done and when. A friend or process server often does personal service. You then file an affidavit of service. A joint application avoids that step because both spouses sign.
Wait the required time, then ask for the divorce order
A divorce is not automatic on filing. After service and any waiting period you requisition the order and swear Form 36 if that is the local practice. If the other spouse contests parenting, support or property, the case follows ordinary family-court steps instead of a desk-order divorce.
If you were served with a divorce application
You respond. The usual responding document is Form 10 Answer, plus a financial statement if support or property is in issue. Missing the deadline can let the other side proceed without your claims being heard.
Official law on this site: family-law.
Disclaimer: Know The Law publishes legal information for the public, not legal advice. Court forms, fees and filing channels change. Read the official statute text and the official form page linked from this guide before you act. We do not represent you and we do not file documents for you. For legal advice, you should contact an appropriate Lawyer or Paralegal specializing in the area of law you need assistance with.