How to File for Divorce in Mississauga: A Step-by-Step Guide

Published on November 7, 2025

Navigating the divorce process in Mississauga can feel overwhelming, especially during an emotionally challenging time. Understanding the step-by-step procedure for filing for divorce in Ontario is crucial for anyone considering ending their marriage.

This comprehensive guide will walk you through every aspect of the divorce process in Mississauga, from initial considerations to the final decree, ensuring you have the knowledge needed to make informed decisions.

Understanding Divorce Laws in Ontario

Before diving into the procedural steps, it’s essential to understand the legal framework. Canada operates under a no-fault divorce system, meaning you don’t need to prove wrongdoing by your spouse to obtain a divorce. The Divorce Act is federal legislation that sets out the grounds and procedures.

Grounds for Divorce in Ontario

In Ontario, there is only one ground for divorce: the breakdown of the marriage. This breakdown can be established in one of three ways:

• One-Year Separation: You have lived separate and apart for at least one year. This is the most common ground.
• Adultery: Your spouse has committed adultery.
• Cruelty: Your spouse has treated you with physical or mental cruelty, making it impossible to continue living together.

Most people use the one-year separation, as it doesn’t require proving fault and is generally less contentious. You can file your application *before* the year is up, but the court will not grant the divorce until the 12-month period is complete.

What “Separation Under the Same Roof” Means

The one-year separation period doesn’t necessarily mean you must live in different homes. You can be considered separated while living under the same roof if you’ve stopped living as a married couple. This means:

• Sleeping in separate bedrooms
• No longer sharing meals or household chores
• Not attending social functions together
• Living separate lives within the same household

Residency and Court Jurisdiction in Mississauga

To file for divorce in Ontario, at least one spouse must have been “ordinarily resident” in Ontario for at least one year immediately before filing the application.

Mississauga falls under the jurisdiction of the Superior Court of Justice for the Central West Region. The courthouse handling family law matters in Mississauga is located at:

Mississauga Courthouse
Superior Court of Justice
7755 Hurontario Street, Brampton, ON, L6W 4T1

Note: While the courthouse is geographically in Brampton, it serves the entire Peel Region, including Mississauga.

Before You File: The Separation Agreement

A divorce legally ends your marriage, but it does not settle issues like property division, spousal support, or child custody. These issues are typically handled in a Separation Agreement.

A Separation Agreement is a legally binding contract that you and your spouse create. It is highly recommended to have a Separation Agreement drafted by a lawyer *before* you file for an uncontested divorce. This ensures all financial and parental matters are resolved, making the divorce application a simple, final step.

The 7-Step Process for Filing a Divorce in Mississauga

Step 1: Determine Your Type of Divorce

The first step is to determine if your divorce will be contested or uncontested.

• Uncontested Divorce (Simple Divorce): This occurs when both spouses agree to the divorce and have resolved all issues (property, support, children). This is the fastest, cheapest, and least stressful path.
• Contested Divorce: This occurs when spouses cannot agree on one or more issues. This requires court intervention and can significantly extend the timeline and cost.

You can also file a Joint Divorce Application, where both spouses sign and file the paperwork together. This is only for uncontested divorces.

Step 2: Gather Required Documents

Before completing your application, you will need several key documents:

• Original Marriage Certificate: This is mandatory. If you were married outside of Ontario, you’ll need the original certificate from that jurisdiction.
• Separation Agreement (if you have one): This shows the court you have settled your other issues.
• Financial Statements (Form 13 or 13.1): Required if there are any claims for support or property division.
• Children’s Information: Birth certificates and details on living/support arrangements.

Step 3: Complete the Divorce Application (Form 8A)

The main document to start your divorce is Form 8A (Application – Divorce). This form requires detailed information about:

• Both spouses (names, addresses, dates of birth)
• Details of the marriage (date and place)
• Information about any children
• The grounds for divorce (e.g., one-year separation)
• The relief you are seeking (e.g., a divorce, spousal support, child support)

Step 4: File Your Application with the Court

Once your application is complete, you must file it with the Superior Court of Justice.

Filing In-Person: You can file your documents at the family court counter at the Hurontario Street courthouse.

Filing Online: Ontario now offers an online portal to file for divorce. You can submit your Form 8A and other documents electronically. This is often faster and more convenient.

Filing Fees: You must pay the court filing fee, which is approximately $669 (as of late 2025). This is typically paid in two installments:

1. $224 when you file your initial application (Form 8A).
2. $445 when you file your final documents (Form 36, Affidavit for Divorce).

Once filed, the court clerk will “issue” your application and assign a court file number.

Step 5: Serve Your Spouse (For Sole Applications)

If you filed a sole application (not a joint one), you must “serve” your spouse with a copy of the issued documents. Service is the formal process of delivering the documents.

• This must be done by someone other than you (e.g., a friend, family member, or professional process server).
• Service can be done in person, by mail, or by courier.
• The person who serves the documents must complete an Affidavit of Service (Form 6B), which you must file with the court.

Your spouse has 30 days (if served in Canada) to file a response.

Step 6: Wait for Response or Proceed Uncontested

If your spouse files an Answer (Form 10) and disagrees with your claims, the divorce becomes contested.

If your spouse does not file an Answer within the deadline (or if you filed a joint application), you can proceed as an uncontested divorce. You will file your final set of documents, which includes:

• Affidavit for Divorce (Form 36): A sworn statement confirming all the facts in your application.
• Draft Divorce Order (Form 25A): The final order you want the judge to sign.

Step 7: Obtain Your Final Divorce Order

In an uncontested divorce, you will likely not have to go to court. A judge will review your application and all supporting documents. If everything is correct and the judge is satisfied that all legal requirements are met (especially regarding children), they will sign the Divorce Order.

Your divorce is not final yet. The Divorce Order becomes legally effective 31 days after it is signed by the judge. This 31-day period is for appeals.

After the 31 days, you are legally divorced and can request a Certificate of Divorce from the court. This certificate is the official proof of your divorce and is required if you plan to remarry.

What to Expect in a Contested Divorce

If your divorce is contested, the process becomes much more complex and lengthy. It will involve several additional steps:

• Mandatory Information Program (MIP): Both parties must attend a session that explains the family court process.
• Case Conferences: Meetings with a judge to identify issues, explore settlement options, and set timelines.
• Settlement Conferences: A conference focused specifically on helping you and your spouse settle the issues without a trial.
• Trial: If no settlement is reached, your case will go to trial, where a judge will make final decisions on all disputed matters.

Contested divorces can take 12-24 months or more and cost thousands of dollars in legal fees.

Divorce Timelines & Costs in Mississauga

How Long Does a Divorce Take?

• Uncontested Divorce: Typically 4-6 months from the date you file your final documents, assuming all paperwork is correct.
• Contested Divorce: Can take 12 to 24 months, or even longer, depending on the complexity of the issues and court backlogs.

Remember, these timelines are in addition to the mandatory one-year separation period.

How Much Does a Divorce Cost?

• Uncontested Divorce: The minimum cost is the court filing fee (approx. $669). If you hire a lawyer for document preparation or review, this can add $800 – $2,500.
• Contested Divorce: This is much more expensive. Costs can range from $10,000 to $50,000 or more, depending on how long the disputes last.

Do I Need a Mississauga Family Lawyer?

While it is possible to represent yourself in a simple, uncontested divorce (a “DIY divorce”), it is strongly recommended to seek legal representation in many situations. You should hire a lawyer if:

• Your divorce is contested.
• There are significant assets, properties, or pensions to divide.
• There are disputes about child custody or parenting time.
• There are allegations of domestic violence or child protection concerns.
• Your spouse has hired a lawyer.

A family lawyer ensures your rights are protected and that all documents are correct. Many lawyers offer “unbundled services,” allowing you to hire them for specific tasks (like drafting a Separation Agreement or reviewing your forms) to help manage costs.

Conclusion: Moving Forward

Filing for divorce in Mississauga requires careful attention to legal requirements and procedures. While the process can seem daunting, understanding each step helps ensure your divorce proceeds as smoothly and efficiently as possible.

Remember that divorce is not just a legal process but also an emotional one. Consider seeking support from counsellors or support groups to help you navigate this challenging time.

As a Trusted Family & Divorce Lawyer in Ontario – Iqbal Law, we are here to help. If you are considering divorce in Mississauga, consulting with an experienced family lawyer can provide invaluable guidance tailored to your specific situation. They can help you understand your rights and options, ensuring you make informed decisions throughout the entire process.