Gather Necessary Documents

Before filing for an uncontested divorce in Ontario, it is crucial to collect all required documents to ensure a smooth process. These include:

Marriage Certificate

• Why It’s Needed: The marriage certificate is proof of your marriage and is required to initiate the divorce process.
• How to Obtain: If you were married in Ontario but have lost the original, you can request a replacement from ServiceOntario. For marriages outside of Ontario, you will need to contact the issuing authority in the location where the marriage took place.

Separation Agreement

• Why It’s Important: If you and your spouse have agreed on issues such as property division, child custody, and spousal support, a written and signed separation agreement is essential.
• Legal Considerations: Ensure the separation agreement complies with the Family Law Act of Ontario. It is recommended to have the agreement reviewed by a lawyer to ensure fairness and legality.

Financial Disclosures

• For Property Division: Both spouses must provide full financial disclosure, including assets, debts, and liabilities.
• For Child or Spousal Support: Financial documents, such as income statements, tax returns, and notices of assessment, are necessary to calculate appropriate support payments under the Child Support Guidelines and Spousal Support Advisory Guidelines.

Complete the Required Forms

Key Forms Explained

Form 8A: Application for Divorce

• Purpose: This is the primary document that initiates the divorce process. It outlines the grounds for divorce, confirms it is uncontested, and provides details about the marital relationship.
• Contents: Includes information about the date of marriage, separation date, grounds for divorce (most commonly, separation for at least one year), and any agreements about children, property, or support.
• Tips for Completion: Ensure all personal information matches the details on your marriage certificate.

Form 36: Affidavit for Divorce

• Purpose: This affidavit confirms the truthfulness of the information provided in your application and outlines the evidence supporting your case.
• Contents: It includes a statement of facts related to your separation, parenting arrangements (if applicable), and financial agreements.
• Tips for Completion: Be clear and concise. Attach supporting documents, such as a signed separation agreement or financial disclosure, if necessary.

Form 25A: Divorce Order

• Purpose: This form is used to request the court to grant a divorce order. Once approved, it becomes the official document ending the marriage.
• Contents: Includes details of the court, applicant(s), and the final terms of the divorce.
• Tips for Completion: Ensure that all details are consistent with the other submitted forms.

How to Access These Forms

Online

• All required forms are available for download on the Ontario Court Forms website.
• Download the forms in PDF format and print them for completion. Some forms may allow for online fillable options directly on the website.

At a Courthouse

• Visit the nearest Superior Court of Justice to obtain physical copies of the forms. Courthouse staff can guide you on where to collect the forms, but they cannot provide legal advice.

Filing Your Divorce Application

Below is a detailed guide to filing your divorce application efficiently.

Step 1: Determine Where to File

Your divorce application must be filed at the Ontario Superior Court of Justice in the jurisdiction where either you or your spouse currently resides.

• Find the Nearest Courthouse: Visit the Ministry of the Attorney General website to locate the closest courthouse offering family law services.
• Remote Filing Options: If you prefer not to file in person, Ontario provides an online submission platform, which is discussed further below.

Step 2: Understand Filing Fees and Payment Methods

Filing fees are required to process your divorce application. These fees are divided into two payments:

1. Initial Filing Fee: $212, payable when submitting your application.
2. Final Divorce Order Fee: $420, due when you submit the Affidavit for Divorce (Form 36) later in the process.

• Total Cost: Approximately $632.
• Payment Methods:
  • In Person: Cash, debit, or credit card are accepted at the courthouse.
  • Online: Payments can be made via credit card through the Family Law Rules Portal.
• Fee Waivers: If you are experiencing financial hardship, you may apply for a fee waiver. Visit the court or the Ministry of the Attorney General website for eligibility criteria and the required application form.

Step 3: Choose Your Submission Option

Ontario offers two main options for submitting your divorce application:

Option 1: In-Person Submission

• What to Do: Bring your completed forms, along with the required supporting documents (e.g., marriage certificate, separation agreement), to the court clerk at the Superior Court of Justice.
• Tips:
  • Make multiple copies of all forms. One will be filed, and the others will be stamped and returned for your records.
  • Arrive early to avoid long wait times.

Option 2: Online Submission via the Family Law Rules Portal

• Convenience: The Family Law Rules Portal allows you to submit your forms and pay fees online.
• Steps to File Online:
  1. Create an account on the Family Law Rules Portal at ontario.ca/familycourt.
  2. Upload your completed forms in PDF format.
  3. Pay the filing fee securely using a credit card.
  4. Monitor your email for confirmation and updates on the status of your application.

Serving Divorce Papers to Your Spouse

Why Proper Service Is Important

• Legal Compliance: Proper service ensures compliance with Ontario’s Family Law Rules, which mandate that the respondent (your spouse) must be notified of the application.
• Fair Process: Serving papers provides your spouse with the opportunity to review the application and respond if necessary.
• Avoiding Delays: Incorrect service or failure to file proof of service may result in the court rejecting your application.

Methods of Serving Divorce Papers

Ontario law offers two primary methods for serving divorce papers:

1. Personal Service by a Third Party

• How It Works:
  • Someone over the age of 18, who is not directly involved in the case, personally delivers the divorce papers to your spouse.
  • This method ensures that the respondent receives the documents directly.
• Who Can Serve: A friend, family member, or professional process server can carry out personal service.
• Tips for Personal Service:
  • Provide clear instructions to the individual serving the papers.
  • Ensure they know the importance of delivering the papers to your spouse and explaining their significance.

2. Service by Mail or Courier

• How It Works:
  • The divorce papers are sent to your spouse via mail or courier, along with Form 6: Acknowledgment of Service.
  • Your spouse must sign and return the acknowledgment to confirm receipt.
• Best Practices for Mail Service:
  • Use a tracked mailing option to confirm delivery.
  • Include clear instructions for your spouse to return the acknowledgment promptly.

Filing the Affidavit of Service (Form 6B)

After the papers are served, you must file an Affidavit of Service (Form 6B) with the court. This document confirms that your spouse has been properly served and is a mandatory step in the divorce process.

• What to Include in Form 6B:
  • The name of the person who served the papers.
  • The date, time, and method of service.
  • Any supporting documents, such as a signed acknowledgment for mail service.
• How to File:
  • Complete and sign Form 6B.
  • Submit it to the same court where you filed your divorce application, either in person or online via the Family Law Rules Portal.

Waiting for the Response Period

How Long Does Your Spouse Have to Respond?

In Ontario, the response period depends on where your spouse is located:

• Within Canada: Your spouse has 30 days from the date they are served to respond to the application.
• Outside Canada: If your spouse resides in another country, they have 60 days to respond.

It’s important to note that the clock starts ticking from the date of service, so ensure that service was completed properly and documented.

What Happens During the Response Period?

If Your Spouse Does Not Respond

• If your spouse does not file a response within the allotted time frame, the divorce proceeds as uncontested.
• This is often referred to as a divorce by default, where the court assumes your spouse has no objections to the application.
• Next Steps: You can submit the final documents, such as the Affidavit for Divorce (Form 36) and Draft Divorce Order (Form 25A), to the court for approval.

If Your Spouse Consents

• Your spouse may choose to provide written consent, agreeing to the terms of the divorce as outlined in your application.
• Next Steps: File the consent documents with the court along with the remaining forms to finalize the divorce process.

If Your Spouse Files a Response

• In rare cases, your spouse may contest the application by filing a response. This changes the nature of the divorce from uncontested to contested, which involves additional legal steps.

Court Review and Approval

How the Court Reviews Uncontested Divorce Applications

When your application reaches the court, a judge will review all submitted documents to confirm the following:

• Compliance with Family Law Rules: The judge verifies that all required forms, such as Form 8A (Application for Divorce) and Form 36 (Affidavit for Divorce), are completed accurately and include all necessary information.
• Proper Service: The court ensures that your spouse was properly served and had the opportunity to respond within the stipulated timeframe.
• Legal Standards for Agreements: If your application includes a separation agreement or parenting plan, the judge will assess whether the terms are reasonable, especially concerning child custody, support, and property division.

If any forms are incomplete or agreements appear unfair, the court may request additional information or revisions before approving the application.

Ensuring All Forms and Agreements Meet Legal Standards

To increase the likelihood of approval, it’s essential to:

1. Double-Check Your Forms: Ensure all documents are filled out completely and signed where required. Missing or inconsistent information can delay the process.
2. Follow Ontario Guidelines: Ensure that any agreements related to child custody, spousal support, or property division comply with Ontario’s Family Law Act and Child Support Guidelines.
3. Consult a Lawyer: While an uncontested divorce can often be filed without legal representation, having a family lawyer review your forms and agreements can help prevent mistakes or oversights.

Typical Timeline for Approval and Issuance of the Divorce Order

The timeline for approval of an uncontested divorce in Ontario can vary depending on the court’s caseload, but the typical process includes:

1. Initial Review by Court Staff: Once your final documents are submitted, court staff will review them for completeness before forwarding them to a judge. This initial review may take 2-4 weeks.
2. Judicial Review: A judge will review the application and supporting documents. If no issues are identified, the judge will sign the Divorce Order. This process usually takes another 4-6 weeks.
3. Issuance of the Divorce Order: Once approved, the court will issue the Divorce Order, officially ending your marriage. You will receive a copy of the order by mail or online through the Family Law Rules Portal.
4. Certificate of Divorce: After a mandatory 31-day waiting period, you can request a Certificate of Divorce from the court for a small fee. This certificate is often required for legal purposes, such as remarriage or immigration.

Obtaining Your Divorce Certificate

What Is a Certificate of Divorce and Why Is It Important?

A Certificate of Divorce is an official document issued by the court that confirms the finalization of your divorce. It serves as proof that you are no longer legally married.

• Importance:
  • It is often required for legal purposes, such as:
    • Remarriage: The certificate may be needed to obtain a marriage license if you decide to remarry in Ontario or elsewhere.
    • Immigration Applications: Some immigration processes may require proof of marital status.
    • Name Changes: If you plan to revert to your maiden name, certain institutions may request a copy of the certificate.

How to Request the Certificate After Receiving the Divorce Order

1. Wait for the 31-Day Waiting Period

• After the Divorce Order is issued, there is a mandatory 31-day waiting period before the divorce is legally final. You cannot request a Certificate of Divorce until this period has elapsed.

2. Submit Your Request

• Once the waiting period is over, you can request the certificate from the same Ontario Superior Court of Justice where your divorce was processed.
• Complete the necessary court form or submit a written request, providing:
  • Your full name and your former spouse’s name.
  • The court file number from your Divorce Order.
  • The date and location of your divorce filing.

3. Pay the Applicable Fee

• The fee for a Certificate of Divorce varies but is generally $24-$30, depending on the courthouse.
• Payment methods include cash, debit, or credit card for in-person requests and credit card for online submissions.

4. Receive Your Certificate

• Certificates requested in person are often issued on the same day.
• For online or mail requests, processing and mailing times may take 1-2 weeks.

Situations Where the Certificate May Be Required

The Certificate of Divorce may be needed in a variety of circumstances, including:

• Remarriage:

• Most jurisdictions require proof of your divorce before issuing a new marriage license.

• Immigration or Citizenship Applications:

• Some immigration authorities may request the certificate as part of the application process.

• Name or Documentation Changes:

• Banks, government agencies, and other institutions may require proof of divorce for updating your marital status or reverting to a previous name.

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