DivorceFile.ca can help you obtain a cheap and quick divorce in Ontario, Canada: A ‘simple’ joint divorce will usually cost a total of $1,084. The total for a simple, sole (uncontested) Ontario divorce with a local cooperative spouse is $1,197. (Includes all fees, taxes and court fees).
DivorceFile.ca only assists with ‘simple‘ divorces in Ontario. A ‘simple’ divorce is one in which you are asking the court to grant you a divorce only. In a ‘simple divorce’, you cannot ask the court to grant orders with respect to anything else, including, but not limited to: spousal support, child custody, access and support, etc.
DivorceFile.ca prepares and files all of the necessary forms required to obtain your ‘simple’ divorce in Ontario. You will fill out a simple online divorce intake form. THIS IS NOT A ‘DO-IT-YOURSELF’ DIVORCE KIT SERVICE: We prepare and file all of the necessary paperwork with the court for you. You do not have to appear in court. The entire process averages 2 to 4 months from when your application is filed with the court until the divorce order is granted. However, some court locations can be much slower. Click here for a summary of the entire process.
NOTE: DivorceFile is not an automated form generation service. We personally prepares all of the required Ontario divorce forms based on the information you provide on our intake form. So if you make a mistake, We will follow up with you. Cheaper sites just drop whatever information you enter into robo-generated forms. They do not make sure that everything is presented in the way courts require.
E-Filing: Have you heard of the new E-filing service? It is not as straightforward as it sounds. You must still fill out all of the required forms yourself – and properly! According to the E-filing manager at the court in Toronto, the vast majority of non-lawyer E-filed divorces must be re-filed on paper at the court due to mistakes the user made (you cannot fix E-filing mistakes online). So, in the end, self E-filing can be more frustrating and take longer than having a lawyer E-file for you from the start.
NEW: YOU CAN NOW COMPLETE, SIGN, AND SWEAR ALL OF THE REQUIRED PAPERS FROM THE COMFORT OF HOME. YOU NO LONGER HAVE TO SWEAR THE REQUIRED AFFIDAVIT FOR DIVORCE IN PERSON.
Requirements (summary):
- Residency – Either you or your spouse must be living in Ontario for at least one consecutive year at the time the divorce is filed. There is an exception for certain non-resident, same-sex marriages. Read this. Does your spouse live outside of Canada? If so, you must read the information posted here.
- Divorce Only – We only deal with ‘simple’ divorces – your only request can be for a divorce – no court ordered spousal support, child custody/access/support, division of property, etc.
- Legal Basis for Divorce – Your divorce must be based on separation for a year or adultery (we don’t get involved with divorce based on abuse). Read this for more information about separation or adultery as the legal basis for divorce in Canada.
- Documentation
Separation Agreement – Although all lawyers would recommend that you have one, the court does not require that you have a separation agreement to grant a simple, uncontested divorce. It is highly recommended that you have a separation agreement especially if you have marital property that must be divided and/or minor children. Read more here.
Marriage Certificate -If you do not have your marriage certificate, you must* obtain a replacement. If you were married in Ontario, click here for information on how to obtain a replacement. *If you were married outside of Canada or the USA, you must use your best efforts to obtain a replacement certificate – however if this proves to be impossible, the court will still grant your divorce. If your marriage certificate is in a language other than English or French, you must obtain a certified translation into either English or French.
Prior Divorce – If your current marriage took place outside of Ontario*, you must provide proof of your prior divorce – but if it proves to be impossible to get a copy of your foreign divorce certificate, you will still get your divorce in Ontario. (*Although the Divorce Act states ‘Canada’, most courts in Ontario require this proof if your current marriage took place outside of Ontario.) - “Serving” Your Spouse With a Copy of the Divorce Papers
Unless special permission is obtained by the court in advance, your spouse must be given a copy of the divorce papers after they are filed with the court (unless you are filing a joint divorce where both spouses sign the forms together).
Overseas Spouse? – Does your spouse live outside of Canada? If so, please read the important information here.
Missing Spouse? – If you have no idea where your spouse is and have exhausted all reasonable means of finding him/her, you must get special permission from the court to get a divorce in this situation. Click here to learn more. - Child Support & Divorce
If you have minor children, child support should be paid in accordance with the Federal Child Support Guidelines. Click here to learn more about child support in Canada.
Click here for a more detailed version of the above requirements.
Fees Summary
- Simple Joint Divorce in Ontario: $500
- Simple Sole (uncontested) Divorce in Ontario: $600
- Missing Spouse Divorce in Ontario: +$500 – Click here for more information
- Mandatory court filing fees: +$732. All but $10 of the court’s fees can be waived if you meet certain low-income requirements. Click here for more info.
- Optional separation agreement: +$400. Click here for more info.
SPECIAL OFFER: Get a free basic, ‘clean’ personalized agreement (no support, minor children or division of assets) with your paid divorce.
Add 13% HST except to the court’s fees.
Click here for a more complete explanation of fees and possible ‘extras’.