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Joint Divorce Application

Thistoo makes the divorce application process as easy as possible by walking you through every step.

Note: You will have to pay to access the filled-out government forms.

Start

Court address

The first thing you will need to figure out is where to start the application. Use the Ministry of the Attorney General's Court locations tool to search for the closest Superior Court of Justice location. The Superior Court of Justice is the only court that can handle divorce applications

Marriage certificate

Get your original Ontario marriage certificate. If you do not have yours, contact Service Ontario to get a copy. Please note that ServiceOntario charges a fee for this service.

You can continue the application without your marriage certificate if you weren't married in Ontario, or you are otherwise unable to obtain a copy of your certificate, but it is highly recommended to obtain it if possible to make the process as easy as possible.

Form 8A: Application for Divorce

Fill out this form to start the process. Make sure to make three copies; one for the court, one for you, and one for your spouse

Form 36: Affidavit for Divorce

This is a form that outlines the reasons for divorce. You can fill it out beforehand, but it must be signed at the courthouse with a witness

Form 25A: Divorce Order

You'll need to fill out the information in this form to give to the court clerk who will eventually mail it back to you after it's approved

Separation agreement

If you haven't already, create a Separation agreement, which will help you and your partner outline arrangements pertaining to spousal support, child support and custody, and asset division

Form 26B: Affidavit for domestic contract

When you file your separation agreement with the rest of your forms, you'll also need to file this form. This is another form you have to sign at the courthouse, with a witness

Envelopes

When you finish filing your application, you'll also need to provide the court with two stamped and pre-addressed envelopes, one for you and one for your partner, so the court can send you your divorce order

Start application

File Form 8A, which will officially start your application with the court. At the same time:
  • File your marriage certificate, if you have it
  • Get the other two copies of form 8A stamped by the court
  • Fill out a 'Registration of divorce proceedings' form, which the court will provide you with

Update forms

Once you have filed Form 8A, the court will provide you with a court file number, and potentially a court date. You will need to update the rest of your forms (i.e., 36, 25A) with this information

Sign affidavits

You've already filled out the information on your two affidavits (Forms 26B and 36), but now you have to sign them in front of a lawyer, justice of the peace, notary public, or commissioner for taking affidavits

File documents

You can now file the rest of your documents with the court. Make sure you have:
  • Two stamped and pre-addressed envelopes: one for you, one for your partner
  • Separation agreement
  • Form 36
  • Form 25A
  • Form 26B
  • Any other agreements or contracts you want to include in the application

Divorce order

The divorce order (Form 25A) you filled out and submitted will be mailed back to you and your partner using the self-addressed envelopes you provided to the court

Divorce certificate

After waiting 31 days, you can request your divorce certificate from the court. This would be required if you wanted to remarry. Please note that it costs $19 to obtain the certificate

Finish