To get a simple divorce in Ontario, you must be separated for at least one year. You file your Form 8A Application at the Superior Court of Justice, and the basic court filing fees currently total $632 CAD. This process is used when you and your ex-spouse agree on all property and parenting issues.
Realizing that a marriage is officially over is a difficult milestone, but the legal process to end it does not have to be a nightmare. If you and your spouse have already resolved your financial issues and agree on parenting time, you can apply for a “simple divorce.” 📝
A simple divorce means you are asking the Ontario court strictly to sever the legal marriage, without asking a judge to make orders about spousal support or property division. This is the fastest, cheapest, and most straightforward way to move forward with your life.
This guide will walk you through the exact steps to file a Form 8A (Application – Divorce), explain the mandatory provincial court fees, and highlight when consulting a local law firm might still be a smart idea to ensure your paperwork is flawless.
Step-by-Step Process in Ontario
Whether you live in Toronto, Mississauga, Ottawa, or a smaller community, the process for a simple divorce is governed by the federal Divorce Act and handled by the Ontario Superior Court of Justice. 📍
You do not need to prove that anyone was at fault for the breakdown of the marriage. “Marriage breakdown” is the only ground for divorce, which is most commonly proven simply by a one-year separation.
Step 1: Meet the Separation and Residency Requirements
Before a judge will grant your divorce, you must have been living separate and apart for at least one full year. You can start the paperwork before the year is up, but the court will not finalize it until the anniversary passes. ❗
Additionally, either you or your spouse must have been a resident of Ontario for at least one full year immediately before filing the application.
Step 2: Complete Form 8A (Application – Divorce)
You will need to fill out Form 8A. You can file this as a “Simple” application (where you file alone and serve your ex) or a “Joint” application (where you and your ex sign the paperwork together).
You must attach your original marriage certificate, or a certified copy from the province where you were married, to this application. If your certificate is not in English or French, you must provide a certified translation.
Step 3: File the Documents at the Superior Court
You can file your completed Form 8A online through the Ontario Ministry of the Attorney General’s Justice Services Online portal, or in person at your local courthouse. 💪
When you file, you will pay the first portion of the mandatory court fees. The court clerk will issue your application, stamp it, and give it a unique court file number.
Step 4: Serve the Documents and File Form 36
If you filed a solo application, you must legally “serve” a copy of the issued Form 8A to your ex-spouse and wait 30 days for them to respond. If they do not contest it, you can proceed.
Finally, you will file an Affidavit for Divorce (Form 36) and a draft Divorce Order. A judge will review your file behind closed doors. If everything is correct, they will sign the order, and you will legally be divorced 31 days later.
How Much Does it Cost in Ontario?
A simple divorce is vastly cheaper than a contested court battle. You are primarily responsible for the mandatory provincial and federal filing fees. 💰
Here is a breakdown of the standard costs required to file your Form 8A:
| Expense Type | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Initial Filing Fee (Form 8A) | $214 | The Applicant |
| Final Filing Fee (Form 36) | $420 | The Applicant |
| Certified Marriage Certificate | $15 – $30 | The Applicant |
| Lawyer Fees (Optional) | $1,000 – $2,500 Flat Fee | Paid out of pocket |
If you have a very low income, you can ask the court clerk for a Fee Waiver request. If approved, the Ontario government will waive the $632 in court fees so you can access the justice system for free.
How Long Does the Process Take?
A simple, uncontested divorce is relatively quick once the mandatory one-year separation period has officially passed. ⏱
After you file your final Affidavit for Divorce, it typically takes the court 2 to 4 months to review the paperwork and sign the Divorce Order, depending on the current administrative backlog at your local courthouse.
Once the judge signs the order, it automatically takes effect 31 days later, at which point you can request your official Certificate of Divorce, allowing you to legally remarry.
Frequently Asked Questions (FAQ)
Do I need a separation agreement before filing Form 8A?
While a formal Separation Agreement is highly recommended to protect your finances, you are not strictly required to have one to file for a simple divorce. However, the judge must be satisfied that reasonable arrangements have been made for child support before granting the divorce.
Can we file Form 8A together?
Yes. If both you and your ex-spouse agree to the divorce, you can file a Joint Application for Divorce. This saves time because you do not have to officially serve the documents to the other person and wait the 30-day response period.
What if I don’t know where my ex-spouse lives?
If you cannot locate your ex-spouse to serve them the divorce papers, you must file a “Motion for Substituted Service” or ask the court to dispense with service entirely. You will have to prove to the judge that you made rigourous efforts to find them.
Does a simple divorce divide our property?
No. A simple divorce strictly ends the legal marriage. It does not divide your pensions, sell the matrimonial home, or establish spousal support. Property division must be handled through a negotiated agreement or a separate court claim.
Do I need a law firm for a simple divorce?
You are not required to have a lawyer for an uncontested simple divorce. However, if there are minor children involved or you want to ensure your paperwork is not rejected due to technical errors, paying a local law firm a flat fee to handle the filing is a smart choice.
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