Divorce without children in Ontario requires one year of separation, one year of Ontario residency, and $669 in mandatory court filing fees ($224 to issue the application plus $445 for the Affidavit for Divorce). A simple or joint uncontested divorce with no dependents typically finalizes in 4 to 6 months once the separation year is complete.
This guide explains the childless divorce process in Ontario for 2026: residency rules, grounds, filing steps, property equalization, costs, and timelines. Because you have no children, there are no parenting arrangements, decision-making responsibility, or child support issues to resolve, which makes the no kids divorce process the fastest and least expensive path through the Superior Court of Justice.
Key Facts: Divorce Without Children in Ontario
| Fact | Detail |
|---|---|
| Filing Fee | $669 total (Superior Court of Justice): $224 to issue Form 8A + $445 for the Affidavit for Divorce. As of January 2026. Verify with your local clerk. |
| Waiting Period | 31-day appeal period after the Divorce Order before it becomes final |
| Residency Requirement | At least one spouse ordinarily resident in Ontario for 1 year before filing (Divorce Act § 3(1)) |
| Grounds | Marriage breakdown: 1-year separation, adultery, or cruelty (Divorce Act § 8) |
| Property Division Type | Equalization of Net Family Property — deferred community regime (Family Law Act § 5) |
What Makes a Divorce Without Children Simpler in Ontario
A divorce without children in Ontario removes the three most contested and time-consuming elements of any family law file: parenting arrangements, decision-making responsibility, and child support. Without dependents, a simple divorce application under Form 8A can request a divorce only, cutting the average timeline to 4 to 6 months and the DIY cost to roughly $700 to $1,000, compared with $20,000 to $50,000 per spouse for a contested matter.
When a couple has no dependents, the court is not required to be satisfied that reasonable arrangements for the support of children have been made under Divorce Act § 11(1)(b). This is often the single largest cause of delay in family court. A childless divorce eliminates the need for Form 35.1 affidavits about parenting, child support calculations under the Federal Child Support Guidelines, and any parenting plan. The file reduces to three core questions: was there a valid marriage, has the marriage broken down, and has each spouse met the residency test. This is why the simple divorce no children path is the most streamlined route the Superior Court of Justice offers.
Residency Requirements for Divorce in Ontario
At least one spouse must have ordinarily resided in Ontario for at least one full year immediately before the divorce application is filed, under Divorce Act § 3(1). Only one spouse needs to satisfy this requirement. If you have lived in Ontario for 12 months, you may file here even if your spouse now lives in another province or country.
The phrase "ordinarily resident" means your habitual and customary home, not a temporary presence. Vacations, business trips, and short absences do not interrupt the one-year residency count as long as you intend to return to Ontario. This residency rule is entirely separate from the one-year separation requirement, and the two periods can overlap. A common mistake is assuming the residency clock and the separation clock are the same, they are not. You must prove one year of ordinary residence in Ontario before filing, and you must separately prove one year of living separate and apart before a judge will grant the divorce. You file the application at the Superior Court of Justice in the municipality where you or your spouse lives.
Grounds for a No Kids Divorce in Ontario
Canada has a single legal ground for divorce, breakdown of the marriage, which can be established three ways under Divorce Act § 8: one year of separation, adultery, or physical or mental cruelty. In Ontario, approximately 98.7% of divorces proceed on the one-year separation ground because it requires no proof of fault and no investigators or witnesses.
For a divorce without children in Ontario, the one-year separation ground is almost always the practical choice. You must live separate and apart from your spouse for at least 12 continuous months. Separation does not require living in different homes, spouses can be separated under the same roof if they no longer function as a couple, keeping separate bedrooms, finances, and social identities. Under Divorce Act § 8(3), you may resume cohabitation for up to 90 cumulative days to attempt reconciliation without resetting the separation clock; if reconciliation fails within that window, the original separation date stands. You can file the application before the 12 months elapse, but the Divorce Order will not issue until the one-year separation is complete. Adultery and cruelty grounds allow an immediate divorce but require proof, so they are rarely used for a simple divorce no children file.
Simple vs Joint Divorce Application: Which to File
Ontario offers two uncontested paths on the same form, Form 8A. A simple (sole) application is filed by one spouse who then serves the other; a joint application is signed and filed by both spouses together with no respondent and no service required. Both cost the same $669 in court fees, but a joint application removes the $85 to $170 process-server expense and eliminates service disputes.
For a divorce without children where both spouses agree, a joint application is usually the fastest and cheapest option. Because there is no respondent, neither spouse can contest, and there is nothing to serve. A simple sole application is the right choice when your spouse will not cooperate or cannot be located; in that case you serve the divorce papers, and if you cannot locate your spouse you must bring a Motion for Substituted Service or ask the court to dispense with service. Both applications for a divorce only require the same documents: Form 8A, a Continuing Record with a Table of Contents, your original or certified marriage certificate, and later a Form 36 Affidavit for Divorce sworn before a commissioner (about $21).
| Feature | Simple (Sole) Application | Joint Application |
|---|---|---|
| Who files | One spouse | Both spouses together |
| Service required | Yes (serve the respondent) | No respondent, no service |
| Process-server cost | $85–$170 per attempt | $0 |
| Best when | Spouse won't cooperate or is unlocatable | Both spouses agree |
| Court fee | $669 | $669 |
| Contest risk | Respondent may answer | Cannot be contested |
Step-by-Step: How to File a Childless Divorce in Ontario
Filing a divorce without children in Ontario follows six core steps and costs $669 in court fees plus roughly $30 to $190 in ancillary charges. Most couples complete the process in 4 to 6 months once the one-year separation period is met, with a mandatory 31-day appeal window after the Divorce Order.
The process is sequential and document-driven. Because there are no dependents, you skip every parenting and child-support step, which is where most of the complexity and delay disappears:
- Confirm eligibility: one spouse ordinarily resident in Ontario for 12 months and 12 months of separation (Divorce Act § 3(1) and § 8).
- Obtain your marriage certificate: order a certified copy if you were married outside Ontario; you must file the original or a certified copy.
- Complete Form 8A: choose "divorce only" for the simplest file, and select simple (sole) or joint.
- File and pay the first installment: $224 to issue the application at the Superior Court of Justice; a registry clerk assigns a court file number.
- Serve the respondent (sole application only): personal service by someone other than you; file an Affidavit of Service. Joint applications skip this step.
- File the Affidavit for Divorce (Form 36) and pay $445: a judge reviews the file and, if satisfied, signs the Divorce Order.
After the Divorce Order is signed, a 31-day appeal period runs. Once it expires with no appeal, you may request a Certificate of Divorce (about $24), the document proving you are legally free to remarry.
Property Division in a Divorce With No Dependents
A divorce only under Form 8A does not divide property, in Ontario, married spouses resolve property through equalization of Net Family Property under Family Law Act § 5, separately from the divorce itself. The spouse with the lower Net Family Property receives a cash payment equal to one-half the difference between the two spouses' net family properties.
Ontario uses a deferred community of property regime: marriage does not make you a co-owner of your spouse's assets. Instead, each spouse calculates the growth in their net worth between the marriage date and the separation (valuation) date. To calculate Net Family Property, you subtract the net value of assets owned on the marriage date from the net value owned on separation, disclosed on a Form 13.1 Financial Statement. The matrimonial home receives special treatment, its full value on the separation date is included even if one spouse owned it before marriage. Gifts and inheritances received during the marriage, personal-injury damages, and certain life-insurance proceeds are excluded if still identifiable at separation. Equal division is the strong default; a court may order an unequal split under Family Law Act § 5(6) only where equal division would be unconscionable, a threshold the Court of Appeal in Serra v. Serra described as shocking the conscience of the court. Most childless couples settle equalization in a separation agreement first, then file a clean divorce only application.
Spousal Support in a Childless Ontario Divorce
Spousal support is not automatic in a childless divorce and is not decided in a Form 8A divorce only application; it is a separate claim under the Divorce Act § 15.2 or Ontario's Family Law Act § 33. Entitlement depends on factors including the length of the marriage, each spouse's income and earning capacity, and any economic advantage or disadvantage arising from the marriage.
When a couple has no children, support analysis focuses on compensatory and needs-based grounds rather than caregiving of dependents. A long marriage where one spouse gave up a career, or a large income gap, can still support a claim. The Spousal Support Advisory Guidelines (SSAG) provide non-binding ranges: the "without child support" formula generally suggests 1.5% to 2% of the gross income difference per year of cohabitation, up to a ceiling of 50% of the difference, with duration roughly six months to one year of support per year of marriage. Because SSAG is advisory, outcomes vary. Many childless couples with similar incomes waive spousal support entirely in a separation agreement, which keeps the divorce a straightforward divorce only application. If you want support decided, you cannot use the simple divorce only route; you must file a Form 8 (general application) with a Form 13.1 Financial Statement.
How Much a Divorce Without Children Costs in Ontario
A DIY divorce without children in Ontario costs approximately $700 to $1,000, driven mainly by the $669 mandatory court filing fee. An uncontested divorce handled by a lawyer under a flat-fee package typically ranges from $999 to $3,000 plus HST on top of court fees, while a contested divorce runs $20,000 to $50,000 per spouse before trial.
The court fee is fixed regardless of whether you use a lawyer: $224 to issue Form 8A plus $445 for the Affidavit for Divorce, totaling $669 as of January 2026. Verify the current figure with your local clerk. Ancillary costs include a commissioner fee of about $21 to swear the Affidavit for Divorce, process-server fees of $85 to $170 per attempt for sole applications, and roughly $24 for a Certificate of Divorce. Fee waivers are available: if you receive Ontario Works or ODSP or meet low-income thresholds, you can file a Fee Waiver Request Form and have the $669 waived entirely. A joint application eliminates the process-server cost, making it the lowest-cost path for a no kids divorce process where both spouses cooperate.
| Cost Item | Amount (as of Jan 2026) | Notes |
|---|---|---|
| Issue Form 8A | $224 | First installment, verify with clerk |
| Affidavit for Divorce | $445 | Second installment |
| Commissioner / swearing | ~$21 | To swear Form 36 |
| Process server (sole only) | $85–$170 | Per attempt; $0 for joint |
| Certificate of Divorce | ~$24 | Proof for remarriage |
| Fee waiver | $0 | If on OW/ODSP or low income |
How Long a No Kids Divorce Takes in Ontario
An uncontested divorce without children in Ontario typically finalizes in 4 to 6 months, measured from filing to the Divorce Order, provided the one-year separation period is already complete. A mandatory 31-day appeal period follows the Divorce Order before it becomes final and a Certificate of Divorce can issue.
The controlling deadline is the 12-month separation requirement, you can file Form 8A before the year is up, but a judge cannot grant the divorce until the separation anniversary passes. Once the file is complete and the separation year has elapsed, court processing of an uncontested divorce generally takes 4 to 6 months, depending on the courthouse's backlog. A joint application often moves faster than a sole application because there is no service step and no risk of the respondent filing an Answer. After the judge signs the Divorce Order, the 31-day appeal window runs; only after it expires with no appeal are you legally free to remarry. Contested divorces, by contrast, can take a year or more, but a divorce with no dependents where both spouses agree rarely encounters those delays.