Written and reviewed by Nasar Iqbal, Barrister & Solicitor. Last reviewed October 2026.
Short answer: To divorce in Mississauga you file a divorce application (Form 8A) with the Superior Court of Justice for Peel Region, which sits at the A. Grenville & William Davis Courthouse, 7755 Hurontario Street, Brampton. You can file online or in person. In most cases you must have been separated for one year before the divorce is granted, and one of you must have lived in Ontario for at least a year. If nothing is disputed, a judge can grant the divorce on paper, and it takes effect 31 days later.
This guide walks through each step, the forms, the fees and the points where Mississauga files most often get delayed. If you would rather have a lawyer handle it, see our divorce lawyer in Mississauga page.
Do you qualify for a divorce in Ontario?
Divorce in Canada is governed by the federal Divorce Act. Three things must be true:
- You are legally married. A marriage performed outside Canada is generally recognized if it was valid where it took place.
- Residency. You or your spouse has been ordinarily resident in Ontario for at least one year immediately before the application is started.
- Breakdown of the marriage. This is the only ground for divorce. It is proved by living separate and apart for at least one year, or by adultery or cruelty. Almost everyone uses one year of separation, because adultery and cruelty need proof and add conflict.
You can file before the year is up, but the court will not grant the divorce until a full year of separation has passed. A reconciliation attempt of up to 90 days in total does not restart the clock.
Can you be separated under the same roof?
Yes. Many Mississauga couples separate while still in the same house, often for financial reasons. What matters is that the marriage has ended in substance: separate bedrooms, separate finances, no shared meals or social life as a couple. You may have to describe these facts in your affidavit. See our guide to being separated under one roof in Ontario.
Which court handles divorces for Mississauga?
Mississauga is part of Peel Region. Divorce and property cases for Mississauga, Brampton and Caledon are heard by the Superior Court of Justice at:
A. Grenville & William Davis Courthouse
7755 Hurontario Street, Brampton, ON L6W 4T1
Only the Superior Court can grant a divorce or divide property. The Ontario Court of Justice, in the same building, can deal with parenting and support but not divorce. Our Mississauga family court guide explains what to expect at the courthouse.
Before you file: settle the other issues
A divorce order ends the marriage. It does not, by itself, decide parenting, child support, spousal support or property. Those are usually dealt with in a separation agreement or a court order. If you have children, the court must be satisfied that reasonable child support arrangements are in place before it grants the divorce.
Property has its own deadline. An equalization claim must generally be started within two years of the divorce, or six years after separation if there is no divorce. Do not treat the divorce as the finish line.
How to file for divorce in Mississauga: 7 steps
Step 1: Choose the type of application
- Joint application: you and your spouse agree on everything and sign the application together. No service is needed.
- Simple (sole) application: one spouse applies for the divorce only, or for the divorce plus agreed terms. The other spouse must be served.
- Contested application: you are asking the court to decide disputed issues such as parenting, support or property alongside the divorce.
Step 2: Gather your documents
- Your marriage certificate (or registration of marriage). If it is not in English or French, you need a certified translation.
- Your date of separation and your spouse’s current address.
- Information about your children, their living arrangements and child support.
- Any separation agreement or existing court order.
- Financial statements (Form 13 or Form 13.1) if you are claiming support or property.
Step 3: Complete the application (Form 8A)
Form 8A, Application (Divorce), asks for details about both spouses, the marriage, any children, the grounds for divorce and what you are asking the court to order. Errors here, especially wrong dates or missing child support information, are the most common reason the court sends a file back.
Step 4: File and pay the first fee
You can file through Ontario’s online family court filing service or at the family court counter in Brampton. Court fees for a divorce were about $669 at the time of writing, paid in two parts: about $224 when the application is issued and about $445 when you file for the divorce order. A fee waiver may be available if your income is low. Once issued, the application gets a court file number.
Step 5: Serve your spouse (sole applications)
Your spouse must be formally served with the issued application, following the Family Law Rules. You cannot serve the papers yourself; a friend, relative or process server over 18 can do it and then swears an Affidavit of Service (Form 6B). A spouse served in Canada generally has 30 days to respond; the time is longer if they are served outside Canada or the United States. If your spouse lives overseas, tell your lawyer early, because service abroad is where many simple divorces stall.
Step 6: Wait for an answer, or move ahead uncontested
If your spouse files an Answer (Form 10) disputing the claims, the case becomes contested. If they do not respond in time, or you filed jointly, you file:
- Affidavit for Divorce (Form 36): your sworn evidence of the facts in the application.
- Draft Divorce Order (Form 25A): the order you want the judge to sign.
- Any supporting documents, such as the marriage certificate and proof of child support arrangements.
Step 7: Get the divorce order and certificate
In an uncontested case, a judge usually reviews the paperwork without anyone attending court. If it is in order, the judge signs the divorce order. The divorce takes effect 31 days after it is granted. You can then request a Certificate of Divorce, which you will need to remarry.
What happens in a contested divorce?
When issues are disputed, the case follows the court process in Brampton:
- Mandatory Information Program (MIP): a free session on the court process and alternatives such as mediation.
- Case conference: an informal meeting with a judge to identify the issues, check disclosure and encourage settlement.
- Settlement conference: a focused attempt to resolve what is left.
- Trial: only if the case does not settle. Most family cases settle before trial.
Many couples avoid court entirely through negotiation or family mediation.
How long does a divorce take in Mississauga?
The one-year separation is the minimum. After you file, an uncontested divorce commonly takes several months, depending on service, how quickly paperwork is signed and how busy the court is, plus the 31 days before it takes effect. Contested cases take much longer, often a year or more. A lawyer can give you a realistic estimate for your facts.
How much does a divorce cost?
The fixed part is the court fee (about $669). Legal fees depend on how much work the file needs: a joint application with no children and no property issues is at one end; a contested case with children, support and property is at the other. Our 2026 family lawyer cost guide and divorce cost in Ontario article explain what drives the cost, and payment plans are available.
Do you need a lawyer?
Not legally. Many people file simple divorces themselves. A lawyer is strongly recommended if:
- your spouse disputes the divorce, parenting, support or property
- there is a house, pension, business or significant savings to divide
- there are safety concerns or family violence
- your spouse lives outside Canada, or has a lawyer
You can also hire a lawyer for specific pieces only, such as reviewing your forms or drafting a separation agreement. For the province-wide picture, see our divorce process in Ontario guide and our list of mistakes to avoid in a Mississauga divorce.
Want your divorce filed right the first time? Call 289-652-0529 or book a consultation with our Mississauga office.
Frequently asked questions
Can I file for divorce online in Mississauga?
Yes. Ontario’s online family court filing service accepts joint and simple divorce applications. For a sole application you still have to serve your spouse in the usual way.
What happens if my spouse ignores the divorce papers?
If your spouse was properly served and does not file an Answer within the response time, you can ask for the divorce on an uncontested basis by filing your affidavit and draft order.
Do I need my spouse’s consent to get a divorce?
No. After one year of separation you can apply on your own. Your spouse’s agreement makes the process faster and cheaper, but it is not required.
What is the difference between a separation agreement and a divorce?
A separation agreement is a contract that settles parenting, support and property. A divorce is the court order that ends the marriage. You do not need an agreement to divorce, but it is the usual way to settle everything else.
When am I officially divorced and able to remarry?
Thirty-one days after the judge grants the divorce. You can then request a Certificate of Divorce as proof.
Who keeps the matrimonial home?
Both married spouses have an equal right to live in the matrimonial home, whoever is on title, until an agreement or court order says otherwise. Its value is shared through the separate property equalization process. See five steps to take with the matrimonial home.
This article is general information about Ontario law, not legal advice for your situation.