How to File for a Divorce In Ontario Without a Lawyer

The process of dissolving marriage and filing for divorce can be both overwhelmingly emotional and legally complex. While either party can choose to represent themselves in divorce court, such a decision may complicate matters already high in conflict, often resulting in the case being misunderstood or dropped altogether.

Although Ontario allows individuals to represent themselves in legal cases, legal counsel for divorce is often recommended, especially for situations with significant disagreements or intricate legal matters. 

This guide provides an overview of fundamental points to those in Ontario who opt for divorce without using legal counsel. 

Eligibility for Filing a Divorce in Ontario

To get a divorce in Ontario, there are a few things you first need to take care of:

• Legal Marriage: The parties applying for the divorce should first and foremost be married to each other legally. A  marriage will be deemed lawful if it has been performed by a licensed official and has also never been annulled (declared invalid).
• Ontario Residency: Either you or your spouse should have been living in Ontario at least for a year before filing for divorce. This implies that you have had permanent residency in the province for a year before filing the divorce application.
• Irreconcilable Differences: You will need to demonstrate to the court that your marriage has indeed broken down beyond reconciliation, i.e., there is nothing you can do to mend things and remain married.

Qualifying for Self-Represented Divorce in Ontario

Before you proceed with the legal process of dissolving your marriage independently, it’s crucial to conduct a self-assessment to determine your eligibility for self-representation. The knowledge of the following factors is of important consideration. 

Uncontested Simple Divorce

An uncontested divorce is the most organized and streamlined path to dissolving a marriage. It requires complete agreement between both spouses on all divorce-related issues like division of property, guardianship of children, and spousal support. If this decision of separation and filing for divorce is made by a single party and a copy of the divorce application is served to the other party, it is termed as an uncontested simple divorce. 

Uncontested Joint Divorce

An uncontested joint divorce is one where both parties agree on separation along with agreement on the division of asset and child custody, but the divorce filing partner is not bound to serve the copy of the application to their spouse.

Contested Divorce

When both parties in a marital relationship disagree on major issues, they depend upon the court’s intervention to settle conflicts. In this case, even if one spouse objects to the divorce, the court can still grant it. 

Financial Independence

During a divorce, finances can get tricky to manage, making it important to consider financial independence before filing for no divorce independently. This requires an understanding of all that you and your spouse own and owe (money in the bank, houses, loans, cars) and how you split it up, while also making sure any agreements you reach are documented properly. 

Grounds for Divorce in Ontario

In Canada, divorce operates under a no-fault system. You just need to prove to the court that your marriage is permanently over, as outlined in the Divorce Act. There are four ways to do this:

• Separation for One Year: You and your spouse must have lived separately for one continuous year. Temporary reconciliations of up to 90 days don’t affect your application. However, longer periods can reset the separation timeline.
• Adultery: If your spouse has committed adultery and continues to do so, or if the affair has ended but you no longer wish to stay married due to the loss of trust, it serves as a valid ground for divorce.
• Cruelty: Cruelty is a serious ground reserved for situations when your partner’s behavior gets abusive. This includes both forms of abuse, which consist of physical abuse with violence or threats of violence, and emotional abuse which humiliates one and affects mental well-being. 
• Breakdown: You only need to prove the breakdown of your marriage with other factors, such as lack of intimacy, living separately, or just living together like roommates without a thought of having a future together.

Steps to Filing for a Divorce In Ontario Without a Lawyer

Necessary Documents

The Ontario court system provides resources to assist self-represented individuals in filing for divorce. Here’s a list of the essential documents to file a divorce application:

• Form 8A: Divorce Application: In Ontario, getting a divorce starts with filling out the appropriate application forms. In case of an uncontested divorce, you need to fill out Form 8A. However, for a contested divorce or one involving additional claims like child custody, spousal support, or property division, use Form 8. 
• Form 36: Affidavit for Divorce: Form 36 is also known as an Affidavit for divorce and should be in the form of a sworn statement, outlining particulars of marriage, separation, and grounds for divorce. This form requires all information with dates and any existing agreements regarding matters such as childcare, division of property, etc.
• Form 36A: Certificate of Clerk: Form 36A is not a document you fill out yourself. It’s a list that checks off all necessary documents like a marriage certificate, draft divorce order, and affidavit forms, to ensure everything is in order before a judge reviews your application.
• Form 25A: Divorce Order: Form 25A is the divorce order, i.e. documentation that finalizes the divorce in Ontario. It outlines all the legal agreements reached by both parties which include property division, spousal support (if applicable), and child custody arrangements to outline their living arrangements.

Filing the Application

To initiate the divorce process in Ontario, after you’ve filled out all forms, you now need to apply to the Superior Court of Justice or its Family Court branch. This application outlines what you want the court to settle, such as ending the marriage, child custody, and spousal support. 

There are three different applications based on your circumstances:

• General Application: This application is made when you and your family can’t agree on how to handle certain issues. It requires General Application Form 8A, Form 6B Affidavit of Service, and additional forms based on your situation. 
• Simple Application: If divorce is the only claim you are making and you have no other legal claims to settle, you file for a simple application. You need Form 8A- Divorce Application, Form 6B- Affidavit of Service, and Registration of Divorce Proceeding Form. 
• Joint Application: If you and your spouse plan to bring the application together with no conflict of interest,  it’s called a joint application. In a joint application, both spouses have already settled on matters like child custody, support, and dividing property. 

Final Steps

• Notifying Your Spouse About the Divorce Application: Right after the divorce application has been completed, it must then be served to your spouse. This important step guarantees that your partner is aware of the divorce and gets a chance to respond. Notice could be delivered in person, or via mail.
• Court Appearances: After you file for divorce, your spouse has a chance to respond within 30 days if they live in Canada, or more if they live somewhere else. Later on, you may have to appear for court case conferences, to solve any disagreements, discuss the issues you and your spouse can’t agree on, and decide how to move forward with the cases with persistent disputes.
• Finalization of Divorce: Before finalization of the divorce, if any urgent issues like support payments come up, you can file a motion for trial to settle these matters upon hearing. There’s usually a waiting period after the judge grants the divorce and it comes final, after which you can obtain a divorce certificate as legal proof. 
• Cost Consideration: In Ontario, divorce costs for all court procedures are $669, as of January 1, 2023. This amount must be paid in two installments of $224 and $445. When the application is filed, the first payment is required and the other payment is due when the hearing is scheduled.

While it’s possible to handle a divorce independently, it’s important to understand the complexities involved. Nussbaum Law recognizes the challenges individuals face during divorce and offers legal and compassionate guidance, along with personalized support.

If you’re considering divorce in Ontario, contact Nussbaum Law today for a consultation with experienced family law attorneys.