Filing for divorce is never easy—but understanding the process can make it far less stressful. Whether you’re considering a simple uncontested divorce or are preparing for a more complex separation, knowing how to file for divorce in Toronto is the first step to moving forward with clarity and confidence.

At Aurigo Law, we support individuals and couples through each stage of the divorce journey. Led by experienced family lawyer Arshi Chandel, our approach is built on transparency, legal precision, and compassion. This guide breaks down everything you need to know—from eligibility to final order—so you can approach your divorce fully informed.

Step 1: Meeting Divorce Eligibility Requirements

Before filing for divorce in Ontario, you need to ensure you meet the basic legal criteria under the Divorce Act of Canada.

You can apply for divorce if:

• You are legally married (in Canada or elsewhere, if the marriage is recognized in Canada)
• There has been a breakdown in the marriage
• Either you or your spouse has lived in Ontario for at least one year immediately prior to filing

Grounds for Divorce:

In most cases, divorce is granted based on the breakdown of the marriage, proven by:

• One year of separation
• Adultery
• Physical or mental cruelty

In practice, 98% of divorces in Ontario are filed based on separation, which is straightforward and doesn’t require proving fault.

Step 2: Gathering the Required Documents

Documentation plays a crucial role in divorce proceedings. Missing paperwork can delay or derail your application, especially in Toronto courts, where family law filings are in high volume.

Required Documents Include:

1. Original Marriage Certificate
   • If married in Canada, obtain from the province where the marriage occurred
   • If married outside Canada, a translated and notarized copy may be required
2. Divorce Application (Form 8A or Form 8)
   • Form 8A for a simple or joint divorce
   • Form 8 if making additional claims like spousal support or parenting time
3. Form 36: Affidavit for Divorce
   • Sworn statement outlining the breakdown of the marriage
4. Form 6B: Affidavit of Service
   • Proof that the divorce documents were served to your spouse
5. Financial Statements (for contested divorces)
6. Separation Agreement
   • Strongly recommended for uncontested divorces, especially with children

Step 3: Filing the Divorce Application in Ontario

You can file your divorce either online via the Ontario Court Services portal or in person at the Superior Court of Justice (Family Court) in your local jurisdiction.

How to File:

• Prepare your forms
• Pay the $669 court filing fee (as of 2024)
  • $224 at the time of application
  • $445 upon final judgment request
• Submit to the appropriate courthouse or through Ontario’s online Family Law Portal

You’ll receive a court file number, which must appear on all future documents.

Aurigo Law offers flat-fee services that include filing, document preparation, and service—ideal for clients who want to avoid legal complexity.

Step 4: Serving Your Spouse & Responding to the Application

Unless you’re filing a joint application, you must serve your spouse with divorce documents.

Acceptable Service Methods:

• Service by Mail or Courier with signed acknowledgment
• Personal Service by an adult (friend, family, or process server)

If your spouse refuses to acknowledge receipt, you may serve them personally or file a motion to dispense with service if their location is unknown.

Response Time:

• Your spouse has 30 days (if served in Canada) or 60 days (if served internationally) to respond
• If no response is filed, the divorce proceeds uncontested

Step 5: Finalizing Your Divorce Order

Once your application is accepted and your spouse (if applicable) has been properly served, the court will review the file. This stage usually requires no court appearance in an uncontested divorce.

The Court Will Issue:

• Divorce Order: When all documents are satisfactory
• Certificate of Divorce: Available 31 days after the Divorce Order is issued

You will need the Certificate of Divorce if you plan to remarry in Ontario.

Timeline: A simple divorce typically takes 3–5 months from filing to completion, depending on court backlog and document accuracy.