Ontario Divorce Checklist

divorce.law/resources/divorce-checklist/ontario/

Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

4-6 months for an uncontested simple divorce, 12-24 months for a contested divorce with parenting or property issues, and up to 36 months or more for complex high-conflict matters proceeding to trial in Ontario

Documents to Gather

Marriage Certificate (original or certified copy)
Government-issued photo identification
Separation Agreement (if applicable)(if applicable)
Prior Court Orders(if applicable)
Birth Certificates of Children(if applicable)
Proof of Ontario Residency
Immigration Documents (if applicable)(if applicable)

Financial Documents

Last 3 years of income tax returns (T1 General) with all schedules
Last 3 years of CRA Notices of Assessment and Notices of Reassessment
Most recent pay stub or proof of current income
Bank statements for all accounts (past 12 months)
RRSP, TFSA, and RESP account statements
Pension plan statements
Real property valuations or appraisals
Mortgage statements and line of credit balances
Credit card statements (all cards, past 6 months)
Vehicle ownership and loan documentation(if applicable)
Life insurance policies(if applicable)
Business financial statements (if self-employed)(if applicable)

Key Steps

1. Before Filing

Verify Residency Requirements Under the Divorce Act
Obtain Your Marriage Certificate or Registration
Draft a Separation Agreement if Possible
Gather Financial Records for Mandatory Disclosure

2. Filing Process

Complete the Application for Divorce (Form 8A or Form 8)
Complete the Affidavit for Divorce (Form 36)
Prepare the Draft Divorce Order (Form 25A)
File the Application and Pay Court Fees

3. After Filing

Serve Your Spouse With the Application
Attend the Mandatory Information Program (MIP)
Wait for Respondent's Answer or Default
Obtain the CRDP Clearance Certificate
Attend Case Conference, Settlement Conference, or Trial
Submit Divorce Materials for Judge's Review
Wait the 31-Day Appeal Period and Obtain Certificate of Divorce

Key Deadlines

Mandatory Information Program (MIP) attendanceWithin 45 days of case being started

Respondent must serve and file Answer (Form 10)30 calendar days after service (within Canada/US); 60 days if served outside Canada/US

Applicant must serve and file Reply (Form 10A)10 calendar days after receiving the Answer

Applicant's Case Conference Brief (Form 17A)6 business days before the case conference

Respondent's Case Conference Brief (Form 17A)4 business days before the case conference

Confirmation of Conference (Form 17F)By 2:00 p.m., 3 business days before the conference

CRDP Clearance Certificate processing4-8 weeks from filing date (runs concurrently)

Divorce Order becomes effective31 days after the Divorce Order is signed by the judge

Update Financial Statement before conferenceNo more than 30 days old at the time of any conference or hearing

Quick Reference

To file for divorce in Ontario, you must have been ordinarily resident in the province for at least one year and separated from your spouse for at least one year under section 8(2)(a) of the Divorce Act. File Form 8A: Application (Divorce) for a simple divorce, or Form 8: Application if claiming support, property, or parenting arrangements, at the Superior Court of Justice. The filing fee is CAD $214, with an additional $445 to place the matter on the hearing list, totalling $669 in court fees. You must attach Form 36: Affidavit for Divorce with your original marriage certificate, prepare a typed Form 25A: Draft Divorce Order, and arrange personal service on your spouse through an independent adult. The respondent has 30 days to file Form 10: Answer. Once the CRDP Clearance Certificate is received (4-8 weeks) and all issues are resolved or the respondent is noted in default, a judge reviews the file. The Divorce Order takes effect 31 days after signing. Uncontested divorces typically take 4-6 months; contested matters take 12-24 months. Fee waivers are available through FW-A forms for those who qualify financially.