Divorce in Ontario: Process, Court and Costs

In Ontario, a divorce is granted under the federal Divorce Act by the Superior Court of Justice (or its Family Court branch in some regions), while everything about dividing property is handled separately under Ontario's own Family Law Act.

Which Court Hears a Divorce in Ontario

Divorce is federal law, so only a court with federal divorce jurisdiction can grant one. In Ontario that is the Superior Court of Justice. In several regions the Superior Court operates a Family Court branch (sometimes called the Unified Family Court) that has full jurisdiction over divorce, support, parenting, and property claims in one place.

Outside those regions, family cases are split: the Ontario Court of Justice can hear parenting time, decision-making responsibility, and child support disputes, but it cannot grant a divorce or divide property. A spouse who wants both a divorce and property relief in a non-Family Court region typically needs the Superior Court of Justice general division for the divorce claim.

Grounds for Divorce and Residency

Under the federal Divorce Act, there is one legal ground for divorce: the marriage has broken down. That breakdown is established one of three ways.

• Living separate and apart for at least one year, by far the most common route.
• Adultery by the other spouse.
• Physical or mental cruelty that makes continued cohabitation intolerable.

Spouses can live separate and apart under the same roof, and you can start a one year separation application before the year is finished, but the court will not grant the divorce until the full year has passed. You also need at least one spouse to have been ordinarily resident in Ontario for at least one year immediately before starting the application.

Simple, Joint and Contested Applications

Ontario family court practice recognizes a few tracks for divorce, and the paperwork differs by track.

• Simple (divorce only) application: used when the only claim is the divorce itself, with no support, parenting, or property issues in dispute. One spouse (the applicant) starts it and serves the other.
• Joint application: both spouses sign the same application together. Because both parties are already participating, formal service on a respondent is not required the way it is for a one sided application.
• Contested application: filed when support, parenting time, decision-making responsibility, or property division is disputed alongside the divorce. These proceed through the full Continuing Record process, financial disclosure, and case conferences.

This article describes the process at a general level. It does not fill in or provide the court forms themselves; Ontario's court forms and instructions are published on the Ontario Court Forms site and should be completed with the current version in effect at the time of filing.

The Mandatory Information Program (MIP)

Most Ontario court locations require spouses in a contested family case to attend the Mandatory Information Program before the matter proceeds. MIP is a roughly two hour information session, not a mediation, that explains the family court process, the effects of separation on children, and alternatives to litigation such as mediation.

Spouses attend separate sessions, not together, and both are generally expected to complete their session within a set window after the case starts. MIP is typically not required when the only claim is the divorce itself (with no contested support, parenting, or property issues), when both spouses consent to the order sought, or when a spouse has already completed a MIP session in an earlier case.

Serving the Other Spouse

Unless the application is joint, the applicant must formally serve the other spouse with the issued application, using someone other than the applicant who is at least 18 years old. The respondent generally has 30 days to respond if served within Canada or the United States, and 60 days if served elsewhere. Proof that service happened is filed with the court separately from the application itself.

Court Filing Fees for an Ontario Divorce

Divorce applications in Ontario's Superior Court of Justice carry court fees payable in two installments, confirmed on ontario.ca's family court fees schedule. Amounts are set by regulation and can change, so treat the figures below as a general guide and verify the current schedule before filing.

That puts the baseline court fee total near $669 for an uncontested divorce, before any lawyer, mediator, or process server costs. A spouse who cannot afford the fees can apply for a fee waiver certificate through the Ministry of the Attorney General, which if approved removes the requirement to pay these court fees.

The Central Registry of Divorce Proceedings

Before any Canadian court grants a divorce, it must receive clearance from the federal Central Registry of Divorce Proceedings, run out of Ottawa. The registry checks whether another divorce proceeding involving the same spouses is already underway anywhere else in Canada, so that two courts do not grant conflicting divorces. The $10 registry fee collected at filing funds this search, and the clearance certificate has to come back before the judgment can issue.

Child Support Must Be Addressed First

A Superior Court of Justice judge will not grant a divorce until satisfied that reasonable arrangements have been made for child support, consistent with the Federal Child Support Guidelines. This applies even to simple, uncontested divorces where the spouses otherwise agree on everything. See our Canadian child support guide for how the federal tables work.

Getting the Divorce and the Certificate

Once a judge signs the divorce order, the divorce itself becomes final 31 days later, which is the window built into the Divorce Act for a possible appeal. After that day passes, either spouse can request a Certificate of Divorce from the court, which is the document that proves the marriage has legally ended, for remarriage, name changes, or other administrative purposes.

Dividing Property in Ontario: A Separate Law From the Divorce Itself

Here is a distinction that trips people up: the Divorce Act deals with the divorce, spousal support, and parenting for married spouses, but it says nothing about dividing property. Property division in Ontario is governed entirely by the provincial Family Law Act (FLA), and it applies only to married spouses, not to common-law partners.

Ontario's model is equalization of net family property, not a direct division of assets. Each spouse calculates their net family property (essentially assets minus debts and minus the value they brought into the marriage, with some exclusions such as gifts and inheritances from third parties), and the spouse with the higher net family property owes the other spouse an equalization payment equal to half the difference. Ownership of specific assets does not automatically change; it is a debt owed between the spouses.

The Matrimonial Home Is Treated Specially

The FLA carves out a special rule for the matrimonial home (the home the spouses lived in together at separation). Normally a spouse gets to deduct the value of property they owned on the date of marriage from their net family property calculation. That date of marriage deduction is not allowed for a matrimonial home, even if one spouse owned it long before the marriage began. The full value of the home at separation is included, which can significantly increase the equalization owed by the spouse who brought the home into the marriage.

The Deadline to Claim Equalization

An application for equalization of net family property is subject to a limitation period under the FLA: it must generally be started within six years of the date of separation or two years after the date of the divorce, whichever comes first. Missing that window can bar the claim entirely, so this is not something to leave for later. For a fuller walkthrough of how equalization and other provincial property regimes work, see dividing property on divorce in Canada.

Common-Law Couples in Ontario Do Not Get Equalization

Ontario common-law partners can qualify for spousal support under the FLA after three years of cohabitation, or sooner if they have a child together and the relationship shows some permanence. But common-law status in Ontario does not trigger equalization of net family property. A common-law partner who wants a share of property acquired during the relationship generally has to rely on other legal theories, such as a claim for unjust enrichment, rather than the FLA's equalization scheme. See common-law relationships in Ontario for how support and property rights differ from marriage there.

For the federal divorce ground rules and residency requirements that apply across every province, see divorce in Canada. For the hub covering support, parenting, and property topics across Canadian family law, visit Canadian family law.

Disclaimer: This article explains the general divorce process and property rules in Ontario for informational purposes only. It is not legal advice, does not fill in or provide court forms, and cannot predict the outcome of any specific case. Court fees, forms, and procedures change; confirm current requirements with the Ontario Superior Court of Justice or a licensed family law professional before filing.