These are some of the most commonly asked questions about divorce in Ontario:
What is the first step in filing for a divorce in Ontario?
The first step is to complete the divorce application, which can either be a simple or joint application. This involves filling out the necessary forms, ensuring you meet the legal requirements, and filing them with the court.
Do I need to be separated before I file for divorce?
Yes, in most cases, you need to be separated for at least one year before filing for divorce, unless you are filing based on adultery or cruelty, which can be filed without waiting.
How much does it cost to file for divorce in Ontario?
The court fees in Ontario total $669:
- Filing an application: $214.00
- Registration of Divorce Proceedings: $10.00
- Placing the application on the list for hearing: $445.00
Additional fees may include, when required:
- Certificate of Divorce: $25.00
- Certified copy of Marriage Certificate: $25.00. This is required if you do not already have your original marriage certificate. In Ontario, you can request it online or by mail from Service Canada.
- Process Server (for serving documents): $80.00 - $250.00. A process server delivers the divorce application to the other spouse, if required.
- Commissioner of Oath or Notary Public: $20.00 - $50.00 per document. A commissioner of oath or notary public is required to swear your affidavit as part of the application process.
- Translation Services: $50.00 - $200.00 per page. If any documents are required to be translated into English or French, a certified translation service will be necessary.
Note: You may be eligible for a fee waiver if you can’t afford to pay the fees. Fee waiver request forms and a guide to the process and financial eligibility criteria are available online or on request at any court. If you’re eligible, you won’t have to pay most fees.
Can I file for divorce without a lawyer?
Yes, you can file for divorce without a lawyer. This is often referred to as a “Do-It-Yourself” divorce. Our service provides you with all the necessary forms and instructions to file on your own, saving on legal fees.
What is a simple divorce?
A simple divorce is when one spouse files for divorce without involving the other in any disputes. This is often used when there are no contested issues, such as property or custody disputes.
What is a joint divorce?
A joint divorce is when both spouses agree to the terms of the divorce and file the application together. This is the fastest and least costly way to get a divorce if both parties are in agreement.
How long does it take to get a divorce in Ontario?
Once you file your divorce application, it typically takes 6 to 8 weeks for the court to process it, provided there are no issues or disputes. If the divorce is contested, the timeline can be significantly longer.
Can we address decision-making and support in the divorce application?
Yes, child decision-making, support, and parenting time arrangements can be included in your divorce application. If both spouses agree on these issues, they can be outlined in the agreement attached to the divorce application.
How do I file for a divorce if my spouse and I agree on everything?
If both parties agree on all terms, you can file a joint divorce application. This is a straightforward process where both spouses sign and submit the required forms together, often resulting in a quicker resolution.
What happens if my spouse does not respond to the divorce papers?
If your spouse does not respond within the required timeframe, you can proceed with an uncontested divorce. The court will review your application and may grant a divorce order without your spouse’s input.
What is the difference between a contested and uncontested divorce?
An uncontested divorce occurs when both spouses agree on the terms of the divorce, such as decision-making, support, and property division. A contested divorce involves disagreements on these issues, which may require court intervention to resolve.
Do I need to appear in court to get a divorce?
In most uncontested divorce cases, you do not need to appear in court. The divorce is processed through the paperwork, and a judge will grant the divorce order without a court hearing. However, if your case is contested, a court appearance may be required.
What forms are needed to file for divorce in Ontario?
You will need Form 8A (Application for Divorce) and possibly other forms depending on your situation, such as financial statements or parenting agreements. If you are filing a joint divorce, Form 8A is modified for joint use.
How do I serve divorce papers to my spouse?
Once you file the divorce application, you must serve your spouse with the papers, either by using a professional process server or having someone over 18 who is not involved in the case serve them. Proof of service must then be filed with the court.
Can I file for divorce online in Ontario?
Yes, Ontario allows for online divorce applications. However, some cases may still require in-person filing, especially if the case is more complex. Our service provides comprehensive assistance for online and in-person filings.
How long do I have to wait after filing for divorce to receive the final divorce order?
Once the divorce application is filed and all the necessary steps are completed, it typically takes about 31 days from the date the divorce order is issued for the divorce to become final.
Can I remarry immediately after my divorce is finalized?
No, you must wait until the divorce is final, which occurs 31 days after the divorce order is issued. Once the divorce is final, you can request a divorce certificate and are then free to remarry.
What happens if my spouse and I reconcile during the separation?
If you reconcile for less than 90 days, you can still use the original separation date for your divorce application. However, if you reconcile for more than 90 days, the separation period restarts from the time you separate again.
How do I obtain a copy of my divorce certificate?
Once your divorce is finalized, you can request a divorce certificate from the courthouse where your divorce was processed. This document serves as proof of the divorce and may be required for legal or personal matters.