To apply for a divorce in Ontario, you and your spouse must meet certain legal requirements. First, you must be legally married in Canada or in another country, and your marriage must be recognized in Canada. Second, you must have lived separate and apart for at least one year, or have a valid reason for ending your marriage, such as adultery or cruelty. Third, you or your spouse must have lived in Ontario for at least one year before filing for divorce.
If you meet these criteria, you can file a simple divorce application if you and your spouse agree to divorce and do not have any disputes over child custody, support, or property division. A simple divorce application can be filed online or at the Superior Court of Justice in your area. You will need to pay a filing fee of $224 and provide your original marriage certificate or registration certificate. If your marriage certificate is not in English or French, you will need a certified translation. You will also need to complete a Form 8A: Application (Divorce), a continuing record cover sheet, and a table of contents. Your spouse does not need to sign the application or attend court.
If you and your spouse do not agree on all the issues related to your divorce, you will need to file a general divorce application and go through a more complex process. You may need to attend court hearings, mediation sessions, or case conferences to resolve your disputes. You may also need to provide more documents and evidence to support your claims. You may want to consult a lawyer or a legal aid service to help you with your general divorce application.
Sources:
- Simple divorce – Legal Aid Ontario https://www.legalaid.on.ca/faq/simple-divorce/
- Simple Divorce Application Checklist - Ontario Court Forms https://ontariocourtforms.on.ca/static/media/uploads/courtforms/family/checklists/simple-divorce-checklist-mar21-en.pdf
- How to Apply for a Divorce https://justice.gc.ca/eng/fl-df/divorce/app.html
- Ontario Divorce 101: Get to Know the Basics - FamilyLLB https://familyllb.com/learn/ontario-divorce-101-get-to-know-the-basics/