If you and your spouse have been separated for at least a year and there is nothing left to fight about, you may be able to end your marriage through a simple divorce in Ontario. It is the fastest and least expensive way to get divorced, but it only works in the right situation, and small paperwork mistakes can cause long delays.
This guide explains what a simple divorce is, who qualifies, the forms and court fees involved, and how long the process usually takes.
What Is a Simple Divorce in Ontario?
A simple divorce is a court application where the only thing you ask for is the divorce itself. You are not asking the court to decide child support, spousal support, parenting time, or property division. Those issues have either already been settled (for example, in a separation agreement) or do not apply.
There are two ways to apply for an uncontested divorce:
- Simple (sole) divorce: one spouse applies and serves the other spouse with the court papers.
- Joint divorce: both spouses apply together and sign the application, so no service is needed.
Who Qualifies for a Simple Divorce?
You can usually apply for a simple divorce if:
- you were legally married (in Canada or elsewhere),
- you or your spouse has lived in Ontario for at least one year before applying,
- you have been separated for at least one year (or you are relying on adultery or cruelty, which is less common and harder to prove),
- you are only asking for a divorce and no other court orders, and
- if you have children, reasonable arrangements have been made for their support.
You do not need to wait until the full year has passed to start the paperwork, but the court will not grant the divorce until you have been separated for one year. Learn more about no-fault divorce in Ontario.
Forms for a Simple Divorce
The main Ontario Family Law Rules forms for a simple or joint divorce include:
- Form 8A – Application (Divorce): starts the case.
- Form 6B – Affidavit of Service: proves your spouse was served (simple divorce only).
- Form 36 – Affidavit for Divorce: your sworn evidence that the requirements are met.
- Form 25A – Divorce Order: the draft order for the judge to sign.
- Your marriage certificate or registration of marriage. If it is not in English or French, you will need a certified translation.
- If you have children, a copy of any existing support order or agreement.
Forms change from time to time, so always download the current versions from the Ontario Court Forms website.
Step-by-Step: How to Get a Simple Divorce in Ontario
Step 1: Complete the Application (Form 8A)
Fill in your details, your spouse’s details, the date of marriage, and the date of separation. Check the box for a simple (or joint) divorce.
Step 2: File the Application and Pay the First Fee
File the application with the Superior Court of Justice in the area where you or your spouse lives. Many people now file online through the Ontario government’s Justice Services Online portal. In Mississauga, family cases are generally handled at the courthouse in Brampton; see our Mississauga family court guide.
Step 3: Serve Your Spouse (Simple Divorce Only)
Someone other than you must deliver the court papers to your spouse, and that person completes Form 6B (Affidavit of Service). Your spouse then has time to respond. If your spouse lives outside Ontario or cannot be found, the deadlines and rules are different.
Step 4: File Your Affidavit for Divorce and Draft Order
Once the response period has passed (or right away for a joint divorce), file Form 36, the draft Divorce Order (Form 25A), and the second court fee.
Step 5: The Judge Reviews Your File
In most simple divorces there is no court hearing. A judge reviews the paperwork. If something is missing or incorrect, the court will return the file and you will have to fix it, which is one of the most common causes of delay.
Step 6: The Divorce Takes Effect
The divorce generally takes effect 31 days after the divorce order is made, which allows time for an appeal. After that, you can request a Certificate of Divorce, which you will need to remarry.
How Much Does a Simple Divorce Cost in Ontario?
Ontario court fees for a divorce are paid in two parts: one fee when you file the application, and a second fee when you file your affidavit for divorce. Together, the court fees are currently in the range of roughly $670. Check the current amounts with the court before you file, because fees can change, and a fee waiver may be available if you have a low income.
If you hire a lawyer, the total cost will also depend on whether you need help with the paperwork only or with an agreement as well. See our full guide on how much a divorce costs in Ontario.
How Long Does a Simple Divorce Take?
Once you have been separated for a year, a straightforward simple or joint divorce often takes a few months from filing to the divorce order, depending on how busy the court is and whether the paperwork is correct the first time. Joint divorces are often faster because no service is required.
Common Mistakes That Delay a Simple Divorce
- Missing or untranslated marriage certificate.
- Incorrect or inconsistent dates of marriage or separation.
- Not providing information about child support arrangements.
- Improper service, or the applicant serving the papers personally.
- Using outdated court forms.
- Applying for a simple divorce when property or support issues are still unresolved.
When a Simple Divorce Is Not the Right Choice
A simple divorce does not deal with property, support, or parenting. If those issues are not settled, getting divorced first can affect your rights. For example, there are time limits for some property claims after a divorce. If you still need to settle these issues, speak with a lawyer before you file. You may need a separation agreement or a different type of court application. Also note that a civil divorce is separate from a religious divorce; read our guide to religious divorce in Canada.
Frequently Asked Questions
Can I get a simple divorce without a lawyer in Ontario?
Yes. Many people file a simple divorce on their own. However, a lawyer can review your paperwork to avoid rejections and make sure that getting divorced will not affect unresolved property or support rights.
Can I get a simple divorce if my spouse won’t sign?
Yes. A simple divorce only needs one applicant. Your spouse must be properly served, but they do not have to sign or agree.
Can I get a simple divorce if I was married outside Canada?
Usually yes, as long as you or your spouse has lived in Ontario for at least one year before applying. You will need your marriage certificate, translated if necessary.
Do I have to go to court for a simple divorce?
In most cases, no. A judge usually decides a simple or joint divorce based on the documents filed.
What is the difference between a simple divorce and an uncontested divorce?
The terms are often used the same way. An uncontested divorce means your spouse is not opposing it. A simple divorce specifically means the only thing you are asking the court for is the divorce itself.
Get Help With Your Divorce in Mississauga
Iqbal Law helps clients in Mississauga and across the Greater Toronto Area prepare and file divorce applications correctly the first time. Nasar Iqbal, Barrister & Solicitor, has over 20 years of courtroom experience and serves clients in English, Urdu, Punjabi, and Hindi.
Book a consultation or call 289-652-0529.
This article provides general information only and is not legal advice. Court forms, fees, and procedures can change; confirm current requirements before filing.