How to File for a Simple Divorce Yourself

Understanding a Simple Divorce  

A simple divorce is one of the most straightforward ways to legally end a marriage in Ontario. Unlike a joint divorce, where both spouses apply together, a simple divorce is filed by one spouse (the applicant) without any disputes over key issues such as child custody, spousal support, or property division.

Types of Divorce in Ontario

  1. Simple Divorce– Filed by one spouse when there are no contested matters.
  2. Joint Divorce– Both spouses file together, agreeing on all terms.
  3. Contested Divorce– Disagreements exist regarding financial matters, parenting, or division of assets, requiring court intervention.

Legal Framework: The Divorce Act & Family Law Rules

Divorces in Ontario are governed by:

  • The Divorce Act (Federal Law)– Establishes the legal grounds for divorce in Canada, including separation and irreconcilable differences.
  • Ontario Family Law Rules– Set out the procedures for filing divorce applications, including required documents and court forms.

Eligibility Requirements for a Simple Divorce in Ontario

To qualify for a simple divorce, the applicant must meet the following conditions:

  • Residency Requirement– At least one spouse must have lived in Ontario for at least 12 months before filing.
  • Separation Requirement– The couple must have been separated for at least one year before the court grants the divorce.
  • No Disputes– There must be no unresolved issues related to:
    • Child custody or child support
    • Spousal support
    • Division of property and debts

Since a simple divorce does not address these issues, if there are disagreements, spouses must resolve them through a separation agreement or court proceedings before filing.

 

Step-by-Step Guide to Filing a DIY Divorce in Ontario

Filing for a DIY divorce in Ontario requires careful preparation and adherence to legal procedures. Below is a step-by-step guide to help you navigate the process.

Step 1: Gather the Required Documents

Before you begin, ensure you have all necessary documents to support your application:

  • Marriage Certificate– A Canadian marriage certificate is required. If you were married outside Canada, you must provide a certified translation of the foreign marriage certificate if it is not in English or French.
  • Separation Agreement (if applicable)– While not mandatory, if you and your spouse have signed a separation agreement, including it can clarify any pre-existing arrangements.
  • Prior Court Orders (if applicable)– If there are any court orders related to child custody, spousal support, or property division, include copies of these documents in your application.

Step 2: Complete the Necessary Forms

Once your documents are in order, you must complete and submit the appropriate divorce forms:

  • Form 8A– Application for Divorce (Simple)
    • This is the main documentrequired to initiate a simple divorce in Ontario.
    • It provides basic details about your marriage, separation, and confirmation that no other claims (e.g., child support, spousal support, property division) are involved.
  • Form 36– Affidavit for Divorce
    • This form confirms your eligibilityfor divorce by proving:
      • You and your spouse have been separated for at least one year.
      • There is no possibility of reconciliation.
      • You or your spouse has lived in Ontario for at least 12 monthsbefore filing.
    • This form must be sworn or affirmed before a notary public or commissioner of oaths.
  • Form 25A– Divorce Order
    • This document serves as the final court orderfor your divorce.
    • Once approved by a judge, it legally dissolves your marriage.

Step 3: File Your Divorce Application

Once you have completed the required forms, the next step is to file your divorce application with the court.

Where to File

  • Your application must be filed at the Ontario Superior Court of Justicein the region where either you or your spouse currently reside.
  • If you are unsure of the correct court location, you can use the court locator toolon the Ontario government website to find the nearest courthouse.

Required Court Fees

  • As of the latest update, the total filing fee for a simple divorcein Ontario is $632, which is paid in two instalments:
    • $212 when submitting the application.
    • $420 when requesting the final divorce order.
  • These fees are subject to change, so it is advisable to check the Ontario Ministry of the Attorney General’s website for the most up-to-date costs.
  • Fee Waivers: If you cannot afford the court fees, you may be eligible for a fee waiver. To apply, you must complete a Fee Waiver Request Formand provide proof of financial hardship.

How to Submit Your Documents

You can file your divorce application in one of the following ways:

  1. In-Person Submission
    • Visit your local Superior Court of Justiceand submit the documents at the family court counter.
    • Ensure you bring copies of all forms, your marriage certificate, and payment for the filing fee.
  2. Online Submission via Justice Services Online (JSO)
    • The Ontario Justice Services Online (JSO) portalallows applicants to file divorce papers electronically.
    • You must create an account and upload scanned copies of your documents in PDF format.
    • Once submitted, you will receive confirmation and further instructions regarding payment and next steps.

Step 4: Serving Divorce Papers to Your Spouse

After filing your divorce application, you must serve the documents to your spouse. This step ensures that your spouse is formally notified of the divorce proceedings.

Who Can Serve the Documents?

  • You cannot serve the documents yourself.
  • A third partywho is at least 18 years old must serve the documents on your behalf. This can be:
    • A friend or family member(who is not directly involved in the divorce).
    • A professional process server(for a fee).

Accepted Methods of Service

  1. Personal Service(Preferred Method)
    • The server physically hands the divorce papersto your spouse.
    • If your spouse refuses to accept them, the server can leave them at their feetand note the refusal.
  2. Alternative Service(If Personal Service is Not Possible)
    • If your spouse is difficult to locate, you can apply for a court order permitting alternative service, such as:
      • Sending the documents via registered mail or courier.
      • Leaving the documents with a responsible adultat your spouse’s last known address.
      • Email service(if the court approves).

Form 6B – Affidavit of Service

  • Once the documents are successfully served, the person who served them must complete Form 6B – Affidavit of Service.
  • This form acts as proof that your spouse received the divorce papers.
  • It must be sworn or affirmed before a notary public or commissioner of oathsbefore being filed with the court.

 

Step 6: Obtaining the Divorce Order

Once the waiting period is over and the court has reviewed your documents, you can apply for your Divorce Order to finalize the process.

Submitting Form 25A – Divorce Order

  • Form 25A – Divorce Orderis the final document required to complete your divorce.
  • Submit this form to the same courthouse where you filed your divorce application.
  • If you filed online via Justice Services Online (JSO), you can upload the form to the portal.

Court Review and Potential Approval Timeline

  • After submitting Form 25A, the court will review all documents to ensure compliance with the Divorce Act.
  • A judge will review the applicationand sign the Divorce Order if everything is in order.
  • The timeline for approval varies, but it typically takes 4 to 6 weeksfrom the date of submission.

Receiving the Certificate of Divorce (Final Proof of Divorce)

  • Once the Divorce Orderis granted, your divorce is not immediately final.
  • You must wait an additional 31 daysafter the Divorce Order is issued before the divorce is legally complete.
  • After this period, you can request a Certificate of Divorce, which serves as official proofof your divorce.
  • To obtain the certificate:
    • Submit a Certificate of Divorce Request Format the courthouse.
    • Pay the required fee (typically $24).
    • The certificate can be collected in person or mailed to you.

At this point, your divorce is legally finalized, and you are free to remarry if you choose.

Common Mistakes to Avoid in a DIY Divorce

While filing for a DIY divorce in Ontario is designed to be straightforward, many applicants make mistakes that can cause delays, added costs, or legal complications. Below are the most common pitfalls to watch out for and how to avoid them.

1. Incorrectly Filling Out Forms or Missing Required Documents

✅ Mistake: Many applicants make clerical errors or submit incomplete forms, which can result in the court rejecting their application. Common issues include:

  • Failing to sign in the correct places.
  • Not providing a certified translationof a foreign marriage certificate.
  • Submitting outdated formsinstead of the most recent versions.

🔹 How to Avoid It:

  • Double-check all documents before submitting them.
  • Use the Ontario Superior Court of Justice websiteto download the most current forms.
  • Have a lawyer or legal professionalreview your application for accuracy before filing.

2. Failing to Serve Papers Correctly (Leading to Delays)

✅ Mistake: If the divorce papers are not served properly, the court may reject the application, requiring you to restart the process.

  • You cannot serve the papers yourself—this must be done by a third party.
  • Incorrectly serving documents (e.g., sending by regular mail without court approval) can make the service invalid.
  • Failing to file Form 6B – Affidavit of Serviceleads to unnecessary delays.

🔹 How to Avoid It:

  • Ensure that a qualified third party(friend, family member, or professional process server) delivers the documents.
  • Use registered mail, courier, or alternative serviceonly if approved by the court.
  • File Form 6Bimmediately after service to confirm that your spouse received the divorce papers.

3. Not Considering Future Legal Implications

✅  Mistake: Many applicants rush the divorce process without considering long-term financial and legal consequences. Common overlooked issues include:

  • Spousal support: Even if you do not request it now, your spouse may claim it in the future.
  • Pension division: Failing to account for pension entitlements can impact retirement finances.
  • Child custody and support: If children are involved, courts may not grant a simple divorce without proper child support arrangements in place.

🔹 How to Avoid It:

  • Even in a simple divorce, consider consulting a family lawyerabout potential legal risks.
  • If financial matters are unresolved, consider signing a separation agreementbefore filing for divorce.
  • Review Ontario’s Family Law Act and Divorce Actto understand how property division, spousal support, and child support could impact you in the future.