Filing for divorce in Ontario without an attorney costs CAD $212 in court fees. You must meet the residency requirement of 1 year in Ontario. Ontario is a equitable distribution state with a 1 year separation waiting period. An uncontested divorce typically takes 4-6 months (after separation). Victoria AI guides you through every step with Ontario-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | CAD $212 (The court filing fee is CAD $212 for a divorce application. Additional fees apply for a joint application ($175) and other documents. Fee waivers available.) |
| Residency Requirement | 1 year in Ontario |
| Waiting Period | 1 year separation |
| Property Division | Equitable Distribution (fair, not equal) |
| Grounds for Divorce | 1 year separation (no-fault), Adultery, Mental or physical cruelty |
| No-Fault Only? | No (fault grounds available) |
| Uncontested Timeline | 4-6 months (after separation) |
| Contested Timeline | 1-3 years |
| Fee Waiver Available? | Yes |
To file for divorce in Ontario, you must meet the following residency requirement: 1 year in Ontario.
At least one spouse must have been ordinarily resident in Ontario for at least 1 year immediately before starting the divorce proceeding. Divorce is filed in the Superior Court of Justice (Family Court).
Tip: Victoria AI can help you determine if you meet Ontario's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in Ontario without an attorney. Victoria AI guides you through each step with state-specific instructions.
At least one spouse must have been ordinarily resident in Ontario for at least 1 year immediately before starting the divorce proceeding. Divorce is filed in the Superior Court of Justice (Family Court).
Download the official Ontario divorce forms: Application (Divorce), Joint Application (Divorce), Financial Statement. All forms are available from the Ontario courts website.
Fill out the divorce petition (Form 8A) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the Ontario court and pay the filing fee of CAD $212. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to Ontario rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by Ontario law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
Under the federal Divorce Act, spouses must live separate and apart for at least 1 year. You can file a joint application or petition before the year is complete.
Submit your final judgment to the court. For uncontested divorces in Ontario, this typically takes 4-6 months (after separation). The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in Ontario. Victoria AI guides you through completing each form correctly.
If only one spouse files
If both spouses file together
Required financial disclosure
Final divorce order
The filing fee to start a divorce in Ontario is CAD $212. The court filing fee is CAD $212 for a divorce application. Additional fees apply for a joint application ($175) and other documents. Fee waivers available.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | CAD $212 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | CAD $500-$2,500 (uncontested DIY) |
If you cannot afford the filing fee, Ontario offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in Ontario, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. Ontario courts are strict about service requirements.
Ontario is a equitable distribution state.
Ontario's Family Law Act provides for equalization of net family property. Each spouse calculates their net family property, and the spouse with more pays half the difference to the other.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Ontario law applies to your specific property.
Ontario uses the Federal Child Support Guidelines.
Ontario uses the Federal Child Support Guidelines. The Family Responsibility Office (FRO) enforces support orders. Ontario has an online Child Support Calculator tool.
Understanding the timeline helps you plan and set realistic expectations for your Ontario divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the CAD $212 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
1 year separation - Under the federal Divorce Act, spouses must live separate and apart for at least 1 year. You can file a joint application or petition before the year is complete.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
Canada's largest province
Equalization of net family property system
Family Responsibility Office for enforcement
Online divorce portal available
Mandatory Information Program (MIP)
Joint divorce application option
Common questions about filing for divorce in Ontario without an attorney.
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Ontario-specific forms
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Financial disclosure wizard
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Child support calculator
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All Ontario divorce information verified from official state court sources.
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