Complete Guide to Divorce
in Ontario 2025–2026
Everything you need to understand Ontario's divorce process, from the one-year separation requirement to court forms, $679 filing fees, and timelines for uncontested and contested divorces.
What’s in this guide
1. Legal Requirements for Divorce in Ontario
| Ground | What It Means | How Common |
|---|---|---|
| One-year separation | Both spouses lived separate and apart for at least one year with intention to end the marriage. | ~95% |
| Adultery | Your spouse committed adultery. The adulterous spouse cannot use this ground themselves. | <3% |
| Physical or mental cruelty | Cruelty that makes continued cohabitation intolerable. | <2% |
2. Types of Divorce in Ontario
Both spouses agree on all issues. A judge reviews documents and issues the Divorce Order without a hearing.
- 4-6 months from filing
- No court appearances
- $679 in court fees
- $1,500-$5,000 typical legal fees
Spouses cannot agree on one or more issues. Proceeds through case conferences, motions, and potentially trial.
- 1-3 years from filing
- Multiple court appearances
- $20,000-$100,000+ in legal fees
3. The Divorce Process Step by Step
The one-year clock starts when you separate with intention to end the marriage.
Since October 14, 2025, all Ontario divorces file through the Ontario Courts Public Portal (OCPP).
If you filed early, the year keeps running. Most lawyers file early to have paperwork ready.
After the one-year period. The Affidavit for Divorce and Draft Divorce Order.
For uncontested divorces. Takes 4-12 weeks. Divorce Order takes effect 31 days after signing.
4. Ontario Divorce Forms Explained
| Form | Name | Fee |
|---|---|---|
| Form 8A | Application for Divorce, opens the proceeding | $224 |
| Form 36 | Affidavit for Divorce, filed after one year | $445 |
| Form 25A | Divorce Order (Draft), what the judge signs | Included |
| Form 36B | Certificate of Divorce, proof for remarriage | $19 |
5. Divorce Costs in Ontario 2025-2026
| Item | Amount |
|---|---|
| Application (Form 8A) | $224 |
| Affidavit (Form 36) | $445 |
| Central Registry (federal) | $10 |
| Total mandatory court fees | $679 |
| Uncontested divorce, lawyer fees | $1,500 - $5,000 |
| Contested divorce, lawyer fees | $20,000 - $100,000+ |
6. Realistic Timelines
| Type | Filing to Order |
|---|---|
| Uncontested (joint) | 4-6 months |
| Uncontested (sole) | 5-7 months |
| Contested, minor issues | 8-18 months |
| Contested, major issues | 18 months – 3+ years |
7. Corollary Relief, Property, Custody, and Support
Ontario uses equalization of net family property. Each spouse calculates their NFP. The higher-NFP spouse pays half the difference. The matrimonial home cannot be excluded even if owned before marriage.
Under 2021 Divorce Act amendments, courts apply the best interests of the child. No presumption favours either parent. Decision-making responsibility replaces the term custody.
Calculated using Federal Child Support Guidelines based on the paying parent's gross income. Cannot be waived. Section 7 expenses shared proportionally on top.
Not automatic. Requires entitlement based on economic disadvantage or need. The Spousal Support Advisory Guidelines (SSAGs) provide advisory ranges for amount and duration.
8. Frequently Asked Questions
Questions About Your Divorce?
Our Toronto divorce lawyers at 55 University Avenue offer free initial consultations. We handle uncontested divorces efficiently and contested divorces strategically.
Speak With a Divorce Lawyer →Our lawyers offer free initial consultations, no obligation to retain.
+1 416 333 6200 Speak With a Divorce Lawyer