As of May 2026, the standard mandatory court filing fee for a divorce application in Ontario is $632 CAD. You pay this in two steps: $224 CAD when you first file the Application, and $408 CAD when you request the judge to grant the divorce order.
Filing for a divorce in Canada involves navigating a specific administrative process through the provincial court system. While the federal Divorce Act governs the legal termination of a marriage, the provinces are responsible for administering the courts and setting the procedural fees. In Ontario, understanding these upfront costs is essential for proper financial planning during a separation.
It is important to remember that these government filing fees are entirely separate from any fees you might pay to a law firm. 💵 Whether your separation is entirely amicable or highly contested, everyone must pay the exact same basic court fees to process the paperwork. In this guide, we will break down the true costs, the step-by-step administrative process, and what you can do if you cannot afford the government charges.
Step-by-Step Filing Process in Ontario
Whether you are filing at a courthouse in Toronto, Brampton, or Hamilton, the legal procedure remains governed by the Ontario Family Law Rules. Most applicants in this province file their materials online via the Justice Services Online portal, though in-person filing at the Superior Court of Justice is still available.
Step 1: Drafting the Form 8A Application
The first step is completing your Application (Simple, Joint, or General). If you are only asking for a legal end to the marriage and not dealing with spousal support or parenting time, a Simple or Joint Application is usually sufficient. 📝 You must ensure that your grounds for divorce-usually a one-year separation-are clearly stated.
Step 2: Paying the Initial Filing Fee ($224)
When you submit your initial Application to the court, you must pay the first installment of the government fees. This fee is $224 CAD. It covers the administrative cost of opening your file and includes a mandatory $10 federal fee that goes to the Department of Justice to check the Central Registry of Divorce Proceedings.
Step 3: Serving the Application
If you filed a Simple Application (sole applicant), you must arrange to have the documents formally served on your former spouse. You cannot serve the documents yourself; you must use a friend, family member, or a professional process server. The respondent then has 30 days to reply if they live in Canada.
Step 4: Clearance Certificate
Before moving forward, the court waits to receive a Clearance Certificate from the federal registry in Ottawa. 🔍 This certificate confirms that neither you nor your spouse has secretly filed for divorce in another Canadian province. This step happens automatically in the background.
Step 5: Swearing the Affidavit for Divorce
Once the 30-day response period has passed (in an undefended case), you must prepare and swear a Form 36 Affidavit for Divorce. This document confirms that all the information in your original application remains true, and that there are no possibilities for reconciliation.
Step 6: Paying the Secondary Fee ($408)
When you submit your sworn Affidavit and ask the judge to finalize the paperwork (setting the matter down for an undefended divorce), you must pay the second fee of $408 CAD. The judge will then review your file, and if everything is in order, they will sign the Divorce Order.
Breakdown of Divorce Costs in Ontario
Here is a summary of the standard costs you can expect when terminating your marriage. We strongly suggest discussing these expenses with your lawyer to avoid surprises.
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Initial Court Filing Fee | $224 |
| Secondary Court Filing Fee | $408 |
| Process Server (Optional) | $100 – $250 |
| Divorce Certificate (Optional but recommended) | $24 |
| Average Uncontested Lawyer Fees | $1,500 – $3,500+ |
How Long Does the Process Take?
Even if both parties agree to everything, you cannot be legally divorced until you have been separated for at least one full year. Once the one-year mark has passed and you file your final paperwork, it generally takes the Superior Court of Justice between 3 to 6 months to process the file and issue the final Divorce Order. You are then officially divorced 31 days after the judge signs the order.
Frequently Asked Questions (FAQ)
What if I cannot afford the $632 filing fee?
If you have a low income, you may be entitled to a Fee Waiver. You can submit a Fee Waiver Request form to the court. If approved, the Ontario government will waive both the $224 and $408 filing fees.
Do I have to pay the fee all at once?
No, the fee is naturally split into two stages. You pay $224 when you first open the case, and the remaining $408 a few months later when you submit your final affidavit to the judge.
Do I need a lawyer just to file the forms?
It is possible to file the forms yourself as a self-represented litigant. However, consulting with a law firm is highly recommended, especially if there are any issues regarding property, spousal support, or decision-making responsibility for children.
How do I get my final Divorce Certificate?
Once the divorce takes effect (31 days after the judge signs the order), you can apply for a formal Divorce Certificate from the court. This costs an additional $24 CAD and is required if you ever plan to remarry.
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