Family Law

How to Get a Divorce in Canada: Step by Step

Updated October 20, 2026LawyerDirectoryCanada.ca Editorial Team

To get a divorce in Canada, a married couple applies to the superior court of the province or territory where at least one spouse has lived for at least one year. Most divorces are granted because the spouses have lived separate and apart for at least one year. The court will not grant a divorce until a federal clearance check confirms no other divorce case exists, and until it is satisfied that reasonable arrangements have been made for child support. The divorce then takes effect 31 days after the judge grants it.

This guide walks through each step, using Ontario as the main example, and flags where other provinces differ. It is part of the guide to family law in Canada.

The short version

Confirm eligibility: married, one year of residence in the province, and a ground for divorce.
Settle parenting, support and property, ideally in a separation agreement.
Choose a joint, simple (sole) or contested application.
Complete the forms and file them with the superior court, often online.
Serve the other spouse, unless the application is joint.
File the affidavit for divorce and draft order so a judge can review the file.
Wait for the order, then 31 days for it to take effect, and request a certificate of divorce.

Step 1: Check That You Can Apply

You must be married

Divorce is only for legally married couples. Common-law partners do not need a divorce, although they may still need to resolve parenting, support and property. See common-law separation rights by province.

Residency

Under the federal Divorce Act, at least one spouse must have lived in the province or territory where the application is filed for at least one year immediately before applying. If neither spouse lives in Canada, a divorce cannot be granted under the Divorce Act.

Grounds for divorce

The legal ground is breakdown of the marriage, shown in one of three ways:

Ground	What it requires	How often it is used
Separation	Living separate and apart for at least one year when the divorce is granted	By far the most common
Adultery	Proof that the other spouse committed adultery	Rare
Cruelty	Proof of physical or mental cruelty that made living together intolerable	Rare

An application based on separation can be filed before the year is up, but the divorce cannot be granted until a full year has passed. Spouses can live together again for up to 90 days in total to try to reconcile without restarting the one-year period.

Your marriage certificate

The court generally requires the original marriage certificate or a certified copy. If it cannot be obtained, the applicant must explain why in the affidavit. Marriage certificates issued in another language must be translated by a certified translator. In Ontario, copies can be ordered from ServiceOntario.

Step 2: Settle the Other Issues First if You Can

The divorce itself is usually the simplest part. The court will not grant a divorce if reasonable arrangements have not been made for the support of children of the marriage. Parenting, spousal support and property can be resolved by agreement, by mediation or by the court.

Most couples sign a separation agreement first, which allows them to file a simple or joint divorce that asks only for the divorce itself. See what to include in a separation agreement.

Step 3: Choose the Type of Application

Type	Who applies	When it fits
Joint application	Both spouses together	Everything is settled and both spouses will sign. No service is needed
Simple or sole application	One spouse	The divorce is the only claim, and the other spouse is served and does not oppose
Contested or general application	One spouse, claiming the divorce plus other relief	Parenting, support or property are still disputed

For the differences in time and cost, see uncontested vs contested divorce.

Step 4: Complete and File the Forms

Divorces are handled by each province's superior court, and each province has its own forms.

Ontario forms

In Ontario, a divorce is filed in the Superior Court of Justice. For a simple or joint divorce, the main documents are:

Form 8A: Application (Divorce), used for simple and joint divorce applications.
Form 36: Affidavit for Divorce, the sworn evidence the judge relies on. In a joint application, each spouse completes their own.
Form 25A: Divorce Order, a draft of the order for the judge to sign.
Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if parenting orders are requested.
The marriage certificate, and any separation agreement or court orders dealing with child support.

A divorce with other disputed claims, such as property or support, uses Form 8: Application (General) instead.

Ontario forms are available from the Ontario Court Forms website, and simple and joint divorce applications can be filed online through the provincial family court filing service.

Court fees in Ontario

Under Ontario's fee regulation for the Superior Court of Justice family court, the fee is $214 to file the application and $445 to place it on the list for hearing, which is the step that sends the divorce to a judge. Steps to Justice lists the total court cost for a joint divorce in Ontario as $659. Fees can be waived for people who qualify based on income. For legal fees, see how much a divorce lawyer costs in Canada.

Other provinces

In most other provinces, the divorce is started with a provincial claim or petition form filed with the superior court, such as the Court of King's Bench or Supreme Court. Uncontested divorces are usually decided on paper by a judge, often called a desk order divorce. Check the provincial court or justice ministry website for current forms, fees and filing options.

Alberta note: since January 2, 2026, family cases in Alberta's Court of King's Bench follow a new Family Focused Protocol with mandatory pre-court requirements across the province, such as a parenting after separation course for parents.

Step 5: Serve the Other Spouse

In a simple or contested application, the other spouse must be formally served with the issued application, usually by someone other than the applicant handing it to them personally. The person who served it then swears an affidavit of service, in Ontario Form 6B, which is filed with the court.

The other spouse then has a set time to respond. In Ontario, the response time is 30 days when the spouse is served in Canada or the United States, and 60 days when served elsewhere. Joint applications skip this step because both spouses are applicants.

Step 6: Clearance Certificate and Judge's Review

Whenever a divorce application is filed anywhere in Canada, the court notifies the federal Central Registry of Divorce Proceedings. The registry issues a clearance certificate confirming that no other divorce proceeding between the same spouses has been started elsewhere in Canada. The court cannot grant the divorce until it receives this clearance.

Once service is complete and the response period has passed, or right away for a joint application, the applicant files the affidavit for divorce and draft divorce order. A judge reviews the file on paper. If something is missing, the court may ask for more information.

Step 7: The Divorce Order and Certificate

If satisfied, the judge signs the divorce order. In most cases, the divorce takes effect 31 days after the order is made, which allows time for an appeal. Neither spouse can remarry until the divorce has taken effect.

After that, either spouse can request a certificate of divorce from the court. It is the official proof of the divorce and the date it took effect, and it is usually needed to remarry. If a person does not know which court granted their divorce, the Central Registry of Divorce Proceedings can confirm the court location, but it does not issue certificates.

How Long a Divorce Takes

Stage	Typical time
Separation period	At least one year before the divorce can be granted
Uncontested divorce after filing	Often a few months, depending on the court's backlog and whether the paperwork is complete
After the divorce order	31 days before it takes effect
Contested divorce	Often one to several years, depending on the issues and the court

Common Mistakes That Delay a Divorce

Filing without the marriage certificate or a proper explanation for why it is missing.
Not providing information about child support arrangements, which the court must review.
Incorrect or incomplete affidavits of service.
Asking for the divorce before one full year of separation has passed.
A draft order that does not match the affidavit.

Frequently Asked Questions

Do I need a lawyer to get a divorce?

No. Many people complete simple or joint divorces themselves. Legal advice is strongly recommended before signing any agreement about parenting, support or property, because those decisions are harder to change than the divorce itself.

What if my spouse will not sign anything?

A spouse's agreement is not needed for a divorce based on one year of separation. File a simple or sole application and have the spouse served. If they do not respond, the divorce can proceed.

What if I cannot find my spouse?

Courts can allow substituted service, such as serving a relative or by email, or in some cases dispense with service. This requires a court motion showing reasonable efforts were made to find the spouse.

Can we get divorced if we married outside Canada?

Yes, as long as at least one spouse has lived in the province for at least one year. A foreign marriage certificate, translated if needed, is usually required.

Is a religious divorce enough?

No. A religious divorce does not end a civil marriage in Canada. A court divorce is still needed. The Divorce Act includes provisions to address situations where one spouse refuses to remove religious barriers to remarriage.

Need help with a divorce? Search LawyerDirectoryCanada.ca for family lawyers by province and city.

Sources

Find a Lawyer Near You

Search by province, city and practice area.

All Legal Guides