Simple Divorce in Ontario - 2026 Update

A Simple Divorce or uncontested divorce occurs when you and your ex-spouse agree to terminate the marriage and do not request the court to resolve any other issues (such as property division, spousal support, or child custody). If such agreements exist, they should be prepared in a separate document (Separation Agreement) before filing.

Basic Requirements

1. Separation period: Usually, you must be separated for at least 1 year before the court grants a divorce judgment; you may begin filing before the year is complete. Other grounds for divorce under the law must be evaluated separately.
2. Residency: Either you or your ex-spouse must have lived in Ontario for at least 12 continuous months as of the filing date.
3. Children: If there are children, the judge will verify that child support arrangements comply with government guidelines before approval.

Before you begin

• Marriage Certificate: You need the original or a government-certified copy. If married in Ontario, you can order it online via ServiceOntario.
• Translation: If the marriage certificate is not in English/French, you need a translation that meets court requirements; a translation from an ATIO-certified translator (Association of Translators and Interpreters of Ontario) is one option.
• File Online: In the Toronto area, use the Ontario Courts Public Portal; outside Toronto, use Justice Services Online according to current instructions. You can complete the entire process without going to court.

Required Forms

The simple divorce process is usually divided into two filing stages:

Stage 1: Filing the initial application

• Form 8A: Application (Divorce).

Stage 2: After serving the application and waiting 30 days

• Form 36: Affidavit for Divorce (must be sworn/affirmed before a Notary Public/Commissioner for Taking Affidavits).
• Form 36A: Certificate of Clerk.
• Form 25A: Divorce Order (for the judge to sign).

Ontario Court Fees (2026)

Standard fees for a simple divorce include 214 CAD upon filing, 10 CAD for the federal Central Registry of Divorce Proceedings, and 445 CAD when submitting for a review: a total of 669 CAD, excluding other incidental costs. The fee for a divorce certificate is calculated separately. Eligible individuals may apply for a waiver of certain Ontario court fees; federal and third-party fees may not be waivable.

Source: Ontario – Family court fees.

When does the divorce take effect?

Your divorce takes effect on the 31st day after the Judge signs the Divorce Order.

After this point, you may request a Certificate of Divorce for a fee of $24 CAD. This is the only legal document that allows you to remarry legally.

KeyApply Services

KeyApply provides comprehensive support for preparing documents and guiding you through the simple divorce procedure in Ontario:

• Accurate drafting: Assistance in preparing appropriate forms per court guidance, within the scope of the agreed services.
• Flexible notarization: Notaries available to assist with online or in-person signing.
• Case tracking: Support in tracking service and filing steps according to procedure; contested issues or legal advice are handled by licensed lawyers.