Home Ontario Uncontested Divorce Kit
2026 edition • Built on the Ontario Family Law Rules & the Joint Divorce Application ChecklistOntario Uncontested Divorce Kit
The court forms and plain-English instructions to file an uncontested divorce in Ontario yourself — matched to whether you file jointly or alone.
- Route-matched forms — joint (Form 8A) or simple application
- Step-by-step filing instructions, in plain English
- Free eligibility check before you pay anything
- Instant PDF download — $129 one-time, no subscription
Takes 2 minutes to check · no commitment
“The joint-application instructions were clear about the part I kept getting wrong — that my spouse and I each had to swear our own Form 36.”
Amelia X. · Kitchener, Ontario
Do you qualify for an uncontested divorce in Ontario?
The written-record route works when your divorce is genuinely uncontested and your parenting, support and property issues are already settled — including a signed agreement where one is needed. The final decision is always the court’s.
This kit fits if…
- ✓ You or your spouse has been habitually resident in Ontario for at least one year immediately before filing. (This is a jurisdiction condition under the Divorce Act — separate from the one-year separation ground.)
- ✓ You are relying on one year’s separation. You must have been living separate and apart when the proceeding begins; you can start the application before the year is complete, but the court cannot grant the divorce until the year has run. Reconciliation attempts totalling 90 days or less do not restart the clock.
- ✓ Your spouse will co-operate: you sign a joint Form 8A together, or you file a simple application, have it served, and your spouse does not file an Answer.
- ✓ You agree on all other issues — parenting time, decision-making responsibility, child support, spousal support, property, debts and pensions — and any child support meets the Federal Child Support Guidelines. The court must be satisfied that reasonable child-support arrangements are in place before it grants a divorce.
- ✓ You still have (or can obtain) your original marriage certificate or marriage registration certificate — or you can explain in Form 36 why it is not possible to get one.
- ✓ You understand that asking the court to order (not just record) parenting, support or property brings in extra forms — Form 35.1, Form 13.1 or Form 13 plus support-deduction documents — and may take the case outside a divorce-only package.
Talk to a lawyer first if…
- ✗ Neither spouse has been habitually resident in Ontario for a full year yet.
- ✗ Your spouse is contesting the divorce, has filed or may file a Form 10: Answer, will not communicate, or cannot be located.
- ✗ There is family violence or coercion, a child-protection or criminal matter, or you need a restraining or emergency protection order.
- ✗ Parenting time, decision-making responsibility or the child-support amount is not fully settled, you want a support figure that differs from the guideline table, or a child of the marriage over the age of majority is still dependent.
- ✗ You want the court to decide (not just record) parenting or support, or you have a pension to divide, a business or corporate assets, real estate or significant debt to split, a bankruptcy, existing court orders, or a cross-border element.
Joint or simple — which route is yours?
Both routes can be decided on the written record when the file is complete and the case genuinely uncontested. They are very different at the start. Your eligibility check confirms which one fits and you receive the matching form set.
An uncontested divorce in Ontario is a paperwork process in the Superior Court of Justice (or its Family Court branch). This kit gives you the current court forms for your route, with plain-language instructions for each stage. Filing isn’t the finish line: court staff review your file for completeness, the court then waits on a federal Clearance Certificate (4–6 weeks) before it can grant the divorce, and a judge has the final say — your affidavit is evidence, not a guarantee.
Joint divorce application
Form 8A · both spouses sign · no respondent
Both spouses complete, sign and date Form 8A, so there is no respondent and no service between you. Available where the divorce and every other issue is agreed. Either spouse can ask to withdraw before the divorce is granted.
You each swear a separate Form 36: Affidavit for Divorce. You file three copies of Form 8A, a typed draft Form 25A (three copies, or four with support), your marriage certificate, a continuing record with a table of contents, two stamped envelopes, and the $669 in fees — all together.
Simple application (sole)
You file alone · court-issued · must be served
You file the application alone; the court issues it, and it must then be served on your spouse by someone other than you who is at least 18, using special service, with the continuing record and accompanying documents. You then file proof of service.
Your spouse has 30 days (served in Canada or the U.S.) or 60 days (served elsewhere) to serve and file an Answer (Form 10). If none is filed, you move to the undefended stage with your Form 36 affidavit, a draft Form 25A, and any required default material. Non-response does not turn a simple application into a joint one or remove the service step.
Both routes: if you are also asking the court for orders about parenting, use Form 35.1 (and Form 35.1A where there is child-protection involvement); for property or debt, Form 13.1; for child or spousal support, Form 13 plus a draft Support Deduction Order and Support Deduction Order Information Form. The clerk’s Form 36A also needs child-support-guideline information for any children of the marriage. Confirm what your case needs against the Family Law Rules and the current checklist.
Why use an affidavit kit?
For a genuinely uncontested case, Ontario lets you put the divorce forward for a decision on a sworn Affidavit for Divorce (Form 36) instead of testifying in court. A joint application also removes the need to serve your spouse. Done carefully, it keeps a straightforward divorce affordable and predictable, without paying a lawyer to prepare standard paperwork — while the court still reviews everything.
Keep more of your money
You do the filing yourself and keep the difference between a lawyer’s fee and a one-time kit price. Court fees are separate — see the breakdown alongside.
Usually decided without an appearance
A complete, qualifying uncontested file is usually decided on the written record, subject to the clerk’s completeness review, the Central Registry clearance and the judge’s decision. This is the usual outcome — not a guarantee, and not a promise of no hearing or a signed order by a set date.
What an Ontario divorce costs
Ontario court fees are $669 ($214 to file + $445 to place the application on the list for hearing + $10 Registration of Divorce Proceedings), paid when you file the completed documents, plus an optional $25 Certificate of Divorce. There is no single total cost: obtaining or translating a marriage certificate, commissioning the affidavits, copies, postage and stamped envelopes, a process server for a simple application, and any legal advice are extra. Fees can change and a fee waiver may be available — confirm current amounts with the court.
What’s in the kit
The current Superior Court of Justice family forms for your route, organised so you know what each one does and the order to file them in.
The application that starts your case
- Form 8A: Application (Divorce)
- Joint route: both spouses sign; three copies for paper filing
- Simple route: you file alone; the court issues it and it must be served
- Covers the one-year Ontario residence rule, the separation ground, choosing the right municipality, and proof of marriage
Your written-record package
The set assembled for a decision on the written record:
Filing roadmap
- Completing and commissioning the forms, in order
- Choosing the right court; filing on paper or online (where eligible)
- The clerk’s completeness review and the Central Registry clearance
- Simple-route service and response period
- The judge’s review, the 31-day period, and the optional Certificate of Divorce
- A self-check list before you submit
What this kit does not include
- Any court sign-off that your file is complete or judge-ready — the court clerk reviews the filing and a judge reviews the file; a private kit cannot certify that or promise a particular formatting will be accepted
- The granted Divorce Order — you supply the typed draft Form 25A; a judge decides whether to grant it and may direct you to provide additional information first
- Your original marriage certificate or marriage registration certificate — you obtain your own (and a certified translation if it is not in English or French)
- A negotiated separation agreement, or drafting of contested parenting, support or property terms
- Property, pension or debt division as a decided outcome (a separate claim under Ontario family-property law, not part of the divorce itself and not a flat 50/50 rule)
- Contested divorces, defended applications, motions, variation applications, restraining or protection orders, or anything beyond a genuinely uncontested divorce
- Filing or serving your documents for you, or any court representation
- Legal advice about your specific situation, or review of your completed documents
- Court fees, the Central Registry fee, commissioning fees and process-server costs
PlainDivorce is a private publisher. The Ministry of the Attorney General publishes the official Family Law Rules forms — Form 8A and Form 36 in versions effective July 15, 2024 — but has not reviewed, approved or endorsed this kit or its templates, and does not decide their adequacy or promise any court will accept adapted templates. Always take the current form versions and confirm the full, fact-specific filing set from ontariocourtforms.on.ca, the Joint Divorce Application Checklist and the Family Law Rules before filing.
How it works
The path to a Divorce Order in Ontario on the uncontested, written-record route.
Prepare and file
Complete Form 8A for your route. On the joint route, both spouses sign, each swears a separate Form 36, and you file three copies of Form 8A, the typed draft Form 25A, your marriage certificate, the continuing record, two stamped envelopes and the $669 in fees in the right municipality. On the simple route you file alone and the court issues the application.
Clerk review, service & clearance
The clerk reviews the filing for completeness and issues the application. The court then electronically sends the registration information to the federal Central Registry of Divorce Proceedings and cannot grant the divorce until the Clearance Certificate arrives (this can take 4–6 weeks). On a simple application, have your spouse served by a non-party adult, file proof of service, and let the 30-day (or 60-day) Answer period pass.
A judge reviews the file
After the Clearance Certificate is received, the clerk gives the file to a judge. On a simple application you first file your Form 36 affidavit, the draft Form 25A and any default material. If the file is complete the judge can grant the divorce on the written record; if information is missing you may be directed to provide more first.
Divorce Order, 31 days & certificate
If the divorce is granted, a copy of the Divorce Order is mailed to you. It ordinarily takes effect on the 31st day after the judgment is rendered — the appeal period. A pending appeal changes that date; a court can order an earlier date only in special circumstances. After it takes effect you can request the optional Certificate of Divorce ($25) from the court that made the order — the proof you need to remarry.
There is no guaranteed timeframe. Even a properly filed uncontested divorce commonly takes four to eight months or more — the clerk’s completeness review, court scheduling and judicial review all control the pace, and a kit cannot speed up the court’s timelines.
Kit pricing vs. lawyer fees
| Feature | PlainDivorce kit | Typical lawyer |
|---|---|---|
| Preparation cost | $129 | $1,500–$3,500 |
| Court fees | $669 filing ($214 + $445 + $10) + optional $25 certificate, paid to the court; fee waiver may apply | Same, usually billed on top |
| Pace | Your prep is DIY; the clerk, the Central Registry and the court control the timeline | Lawyer’s schedule |
| Forms included | Yes — route-matched | Yes |
Secure one-time payment · No subscription · Instant download
What our customers say
Experiences from people who prepared their divorce paperwork with PlainDivorce.
4.7 out of 5 based on 300+ customer reviews
Customer reviews are collected from purchasers and support conversations. Names may be shortened for privacy, and individual results vary by court, case facts, and filing requirements.
“The joint-application instructions were clear about the part I kept getting wrong — that my spouse and I each had to swear our own Form 36.”
Amelia X.
Kitchener
“It took a few months, mostly waiting on the clearance certificate, but the guide set that expectation up front.”
Joseph Y.
Ottawa
“I filed a simple application. The special-service steps and proof-of-service checklist were the most useful part for me.”
Carlos E.
Markham
“Assembling the continuing record was the bit I dreaded. The table-of-contents template made it straightforward.”
Sarah B.
Toronto
“We still had to double-check a couple of things with the court counter, but the kit told us exactly what to ask.”
Laura J.
London
Ontario uncontested divorce: frequently asked questions
What is a joint divorce application (Form 8A)?
It is a divorce application where both spouses complete, sign and date Form 8A together. Because both spouses are applicants, there is no respondent and nothing to serve between you. Each spouse swears a separate Form 36: Affidavit for Divorce, and you file a typed draft Form 25A Divorce Order. A simple application is filed by one spouse, is issued by the court, and must be served on the other spouse, who then has 30 or 60 days to file an Answer.
What is the Affidavit for Divorce (Form 36)?
It is a sworn or affirmed document setting out the facts of your marriage, separation and arrangements for any children. It is your evidence, so that a qualifying uncontested application can be decided on the written record instead of oral testimony. On a joint application, each spouse swears a separate Form 36 in front of a commissioner for taking affidavits (available free at family court offices). Swearing a false affidavit is a criminal offence.
Does filing this way guarantee there is no court appearance?
No. Court staff first review the filing for completeness and issue the application. The court then waits for the federal Clearance Certificate, and only then does a judge review the file. If information is missing you may be directed to provide more before the divorce is granted, and a contested issue proceeds through the ordinary court process. A qualifying, complete application may be decided without an appearance — it is not promised.
Do I have to live in Ontario to file?
You or your spouse must have been habitually resident in Ontario for at least one year immediately before filing. That is a jurisdiction requirement under the Divorce Act, separate from the one-year separation ground. You must also have been living separate and apart when the proceeding begins; you can start the application before the separation year is complete, but the court cannot grant the divorce until it has run.
How much are the court filing fees?
Ontario court fees total $669: $214 to file the application, $445 for placing the application on the list for hearing, and $10 for the Registration of Divorce Proceedings. On a joint application the checklist presents all three together when you file the completed documents — confirm the court’s payment instructions. A Certificate of Divorce is an optional $25. A fee waiver is available if you cannot afford the fees. These fees are separate from the $129 kit price and are paid directly to the court.
We have children — what else is required?
Even with full agreement, the court must be satisfied that reasonable child-support arrangements have been made before it grants the divorce, and the clerk’s Form 36A requires child-support-guideline information for children of the marriage. If you are asking the court to order parenting time or decision-making responsibility you also need Form 35.1 (and Form 35.1A where there has been child-protection involvement); for a support order, Form 13 plus a draft Support Deduction Order and information form. If anything about the children is unresolved, or you want a non-guideline amount, speak to a family lawyer or a legal clinic.
What is the Central Registry of Divorce Proceedings step?
After your application is issued, the court electronically sends the registration information to the federal Central Registry of Divorce Proceedings to obtain a Clearance Certificate confirming no other divorce case has been started in Canada for you and your spouse. The court cannot grant your divorce until it has this certificate, and the process can take 4 to 6 weeks. The registration form is for court use — it is not a form you file directly with the Department of Justice, and the kit does not control the timing.
How long does an uncontested divorce take in Ontario?
There is no guaranteed timeframe. Even a properly filed uncontested divorce commonly takes four to eight months or more: the clerk’s completeness review, the 4–6 week Central Registry clearance, court scheduling and judicial review all control the pace. On a simple application, the service and 30/60-day response period add time. Preparing your paperwork with a kit does not change the court’s processing time.
Does this kit divide our property or pension?
No. Property and pensions are dealt with as a separate claim under Ontario family-property law — not as part of the divorce itself, and not by a flat 50/50 rule. If you are asking the court for a property or debt order you need Form 13.1. If you do not fully agree, or you have a pension, business, corporate assets, real estate, significant debt or disputed assets, get legal advice before filing.
When is the divorce final, and how do I get the certificate?
A divorce ordinarily takes effect on the 31st day after the day the judgment is rendered — the appeal period. A pending appeal changes that date, and an earlier date is possible only if a court orders it in special circumstances. A Certificate of Divorce is optional proof you request from the court that made the order after the divorce takes effect — in person, by mail, or online via Form 36B on Family Submissions Online — for a $25 fee. It is not an automatic final step.
Is PlainDivorce a law firm?
No. PlainDivorce is a private self-help information service. We provide the current Superior Court of Justice family forms with plain-language instructions; we do not give legal advice, review your documents for accuracy, certify anything to the court, or file or serve documents for you. For advice about your situation, or if anything is disputed, consult an Ontario family lawyer, the Law Society Referral Service, or a community legal clinic.
Important legal disclaimer
PlainDivorce is not a law firm and does not provide legal advice, legal opinions, or representation. The Ontario Uncontested Divorce Kit is a private self-help information product containing publicly available Superior Court of Justice forms with general instructions. It is not a substitute for advice from a licensed Ontario lawyer, and no court has reviewed, approved or endorsed it.
We do not guarantee that the court will accept a particular filing or that a divorce will be granted. You supply the typed draft Divorce Order (Form 25A); court staff review the filing for completeness, the court obtains a federal Clearance Certificate before the divorce can be granted, and a judge decides whether to grant it and may direct you to provide additional information first. Court rules, forms and fees change from time to time — current court fees are $669 to file plus an optional $25 certificate, before commissioning, copies, postage and service costs — and there is no single total cost for a divorce. The clerk’s review, the Central Registry clearance, court scheduling and judicial review control the process, not the purchaser. You are responsible for choosing the right court and verifying the current court-location, filing-mode, form-version and case-specific requirements with the Superior Court of Justice before filing.
Content last reviewed: September 2026.