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Simple 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

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

Create continuing record

After filing the application, you'll need to create a continuing record cover and cumulative table of contents which helps the court to keep track of your application

Form 10: Response

You'll need to serve a blank copy of this form to your spouse

Serve other party with papers

You will need to serve your spouse several documents by special service. The documents you will need to serve are:
  • A blank version of Form 10: Answer
  • A copy of Form 8A
  • Continuing Record
  • Copies of any other documents you provided to the court to support your application
The easiest way to serve your spouse is using a process server, which you can find by searching for "Process Server" in your area using Yellow Pages. You should serve your spouse as soon as possible.

Form 6B: Affidavit of Service

As the applicant, you can fill out the general information in this form, but it must be signed, with a proper witness, by the person who did the serving on your partner

File Form 6B

File Form 6B: Affidavit of Service (signed by the server)

You'll also need to update your continuing record cover and cumulative table of contents to reflect the new document

Wait

Once you've served your partner with divorce papers, they have up to 30 days to respond (or 60 days, if they are outside of Canada and the United States).

The workflow outlined here only covers scenarios with uncontested divorce, which means that either your partner doesn't respond, or responds but agrees with everything you've outlined.

If your partner responds and disagrees with anything you've stated in your application (such as spousal or child support, or division of assets), the divorce becomes contested. Unfortunately, Thistoo does not yet support contested divorces; it's recommended you get a lawyer to assist with the rest of the process.

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

Sign Affidavits

You've already filled out the information, but once you get to the courthouse, you'll need to sign your affidavits (Forms 26B and 36) in front of a lawyer, justice of the peace, notary public, or commissioner

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
You'll also need to update your continuing record cover and cumulative table of contents to reflect any new documents

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