Step by step guide to file a Simple Divorce application in Ontario
Filing a simple (uncontested) divorce in Ontario is a straightforward process when both spouses agree to end the marriage and no other issues—such as property division, support, or parenting—need to be resolved. Below is a clear step‑by‑step guide to help you understand how the process works.
Step 1: Complete and File Form 8A – Application (Divorce)
To begin, you must file Form 8A: Application (Divorce) with the Ontario family court. Your Marriage Certificate must be included with your application.
Once filed, you must serve the Form 8A on your former spouse.
Step 2: Waiting Period for a Response
After being served, your former spouse has a limited time to respond:
• 30 days if they live in Canada and
• 60 days if they live outside Canada
If your former spouse does not respond within the required timeframe, the divorce proceeds as a simple (uncontested) divorce.
If they do respond by filing an Answer (Form 10), the matter becomes a contested divorce, and additional steps will be required.
Step 3: Proceeding With the Simple (uncontested) Divorce
If no Answer is filed, you can move forward by submitting the following documents:
• Form 36: Affidavit for Divorce
• Form 6B: Affidavit of Service
• Form 25A: Divorce Order
These forms confirm service, outline the basis for the divorce, and request the court’s final order.
Step 4: Divorce Order
A judge will review your application and supporting documents. If everything is complete and meets Ontario’s legal requirements, the court will issue your Divorce Order.
Once granted, the divorce becomes final after 31 days, and you may request an official Certificate of Divorce if needed.
If you want your divorce filed correctly, efficiently, and with professional guidance, we can help. EOJ Legal can help with preparing all required forms, serving your spouse properly, filing affidavits and court documents, and ensuring your application is complete and accurate.
