How Do You Apply for a Divorce With Your Partner?
You and your spouse apply together by filing one joint Application (Divorce), Form 8A, with the Ontario Superior Court of Justice. You both sign it, so nobody is served and nobody files a response.
A judge then reviews your sworn affidavits in writing. Most joint divorces finish without either spouse stepping into a courtroom.
To qualify, you must have been separated for one year by the time the divorce is granted. One of you must also have lived in Ontario for at least one year before filing. Court fees total $669, paid in two instalments.
Who can apply for a divorce in Ontario?
You can apply if you are legally married and at least one spouse has lived in Ontario for the past year. That residency rule comes from section 3 of the federal Divorce Act. It applies even if you were married in another province or country.
The only ground for divorce in Canada is breakdown of the marriage. Section 8 of the Divorce Act lets you prove it in three ways:
- You have lived separate and apart for at least one year
- Your spouse committed adultery
- Your spouse treated you with physical or mental cruelty
Joint applications rely on the one-year separation. Three points about that year surprise many couples:
- You can file before the year is over. The judge simply cannot grant the divorce until the full year has passed.
- You can be separated under the same roof. Courts look at whether you stopped living as a couple, not only at your address.
- A short reconciliation does not reset the clock. You may live together again for up to 90 days in total while trying to reconcile.
Common-law partners do not need a divorce. They may still have support, parenting and property claims that a Toronto family lawyer can explain.
Joint, simple or general application: which one fits?
A joint application fits couples who agree on everything and are willing to sign the same court form. Ontario has three ways to start a divorce, and choosing the wrong one costs time.
| Joint divorce | Simple divorce | General application | |
|---|---|---|---|
| Who files | Both spouses together | One spouse | One spouse |
| Court form | Form 8A | Form 8A | Form 8 |
| What you can ask for | Divorce, plus agreed parenting, support or property terms | Divorce only | Divorce plus disputed parenting, support or property claims |
| Serving your spouse | Not required | Required, by someone other than you | Required |
| Spouse’s response | None | 30 days to answer if served in Canada or the U.S. | 30 days to answer if served in Canada or the U.S. |
| Court appearance | Usually none | Usually none | Conferences, and a trial if you cannot settle |
If you disagree on any issue, a joint application is not the right tool. Read about our contested divorce and uncontested divorce services to see where your case sits.
How to apply for a joint divorce in Toronto: step by step
A joint divorce takes seven steps, from settling your terms to collecting your Certificate of Divorce.
- Settle every issue first. Agree on parenting, child support, spousal support and property. Put the terms in a written separation agreement, and have each spouse get independent legal advice before signing.
- Get your marriage certificate. The court wants the original or a certified copy. A certificate in another language needs a certified English or French translation.
- Complete Form 8A together. Check the joint application box, list the orders you both want, and sign it together.
- Prepare the supporting documents. Each spouse swears a separate Affidavit for Divorce (Form 36). You also file a draft Divorce Order (Form 25A). If the order covers parenting, add a Form 35.1 affidavit. If it covers support, add a support deduction order and its information form.
- File with the Superior Court of Justice. Toronto divorces are filed with the Superior Court of Justice at 393 University Avenue. Filing is done online through the Ontario Courts Public Portal, which replaced the earlier online filing system for Toronto in October 2025. Pay the first fee of $224.
- Pay the second fee and wait for the judge’s review. The $445 fee is paid before a judge reads your file. The court also waits for a clearance certificate from the federal Central Registry of Divorce Proceedings.
- Receive the Divorce Order. The divorce takes legal effect on the 31st day after the order is made. You can then request a Certificate of Divorce (Form 36B), which you need to remarry.
You can download the forms from the Ontario Court Forms website. Portal and form requirements change, so confirm current steps with the court office before you file.
How much does a joint divorce cost, and how long does it take?
Court fees for a divorce in Ontario total $669, whether you apply jointly or alone. Legal fees are separate and depend on how much drafting and advice you need.
| Cost | Amount | When you pay |
|---|---|---|
| First court fee | $224, including a $10 federal registry fee | When you file Form 8A |
| Second court fee | $445 | Before the judge reviews your file |
| Certificate of Divorce | About $25 | After the divorce takes effect |
| Commissioning affidavits | Varies | When you swear Form 36 |
| Process server | $0 | Not needed for a joint application |
A joint divorce in Toronto commonly takes about three to six months from filing to the Divorce Order. Timing depends on court volumes and on how clean your paperwork is. Rejected documents are the most common cause of delay.
If you cannot afford the court fees, you can ask for a fee waiver. Eligibility is based on household income and assets.
What does the judge check when you have children or property?
The judge will not grant your divorce unless reasonable child support arrangements are in place. Section 11 of the Divorce Act requires the court to pause the divorce if they are not.
In practice, your Form 36 affidavits must show each parent’s income and the support being paid. The amount should match the Child Support Guidelines, or you must explain why a different amount is still adequate.
Property is different. A divorce order does not divide property unless you ask for it, and strict deadlines apply. Under section 7 of Ontario’s Family Law Act, an equalization claim must be started within the earliest of:
- Two years after the divorce
- Six years after the date of separation
Many couples divorce first and plan to deal with the house or pensions later. That choice can end a property claim before it starts. Divorce can also end a spouse’s coverage under the other’s workplace health plan.
Common mistakes that delay a joint divorce
Most delays come from paperwork errors, and all of them can be avoided before filing.
- Names that do not match the marriage certificate. Spell every name exactly as it appears on the certificate.
- A missing or photocopied marriage certificate. If you truly cannot get one, your affidavit must explain why and prove the marriage another way.
- Affidavits sworn too early. Form 36 should be sworn close to the date you file it, after the facts in it are final.
- Thin child support details. Missing income figures are a frequent reason judges send files back.
- No draft order, or a draft that does not match the application. The Form 25A order must mirror what you asked for in Form 8A.
- Remarrying too soon. You are not divorced until day 31 after the order.
When should you speak to a Toronto divorce lawyer?
Speak to a lawyer before you sign a separation agreement or file Form 8A, because both documents can affect your rights for years. Legal advice matters most when:
- You have children, and support or parenting time must be set out properly
- One of you owns a home, a business or a pension
- One spouse earns far more than the other
- You were married outside Canada or cannot find your marriage certificate
- You feel pressured to agree quickly
Costa Law Firm has served Toronto since 1993. Our divorce lawyers prepare and file joint and uncontested divorces and review separation agreements. We also step in when an agreement breaks down.
Call (416) 535-6329 or visit us at 1015 Bloor Street West, Toronto, to request a case evaluation.
Frequently asked questions
Can we apply for divorce together online in Ontario?
Yes. Joint divorce applications can be filed online. Toronto files go through the Ontario Courts Public Portal.
Do we both need a lawyer for a joint divorce?
No, the court does not require lawyers. One lawyer cannot advise both spouses, so each of you should get independent advice on any separation agreement.
Do we have to go to court?
Usually not. A judge decides a joint divorce on the written record, using your Form 36 affidavits.
Can we file before we have been separated for a year?
Yes. You can file at any time after separating. The divorce cannot be granted until one full year has passed.
What if my spouse changes their mind after we file jointly?
A joint application depends on both of you. If one spouse withdraws, the other can continue alone, which usually means amending the application and serving it.
When can I remarry?
You can remarry once the divorce takes effect, 31 days after the Divorce Order. Bring your Certificate of Divorce when you apply for a marriage licence.
We married outside Canada. Can we divorce in Ontario?
Yes, if one of you has lived in Ontario for at least a year before filing.
Sources and legal references
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), sections 3, 8, 11 and 12
- Family Law Act, R.S.O. 1990, c. F.3, section 7
- Family Law Rules, O. Reg. 114/99, rule 36
- Ontario Court Forms: Family Law Rules forms
