Process For a Joint Divorce in Ontario

First, you place your order through the website and then complete an online divorce intake form.

Track “A”: The following applies if you have already been separated for a full year:

  1. You complete the online process to start your file.
  2. We will e-mail the completed forms to you within two business days. We will then make arrangements for you and your spouse to (A) sign the forms digitally then (B) swear the required Affidavit for Divorce through videoconference (we use Zoom – all you need is a smart phone to do this). 
  3. DivorceFile.ca files the paperwork with court for you.
  4. Final Divorce Order: At this point, you are waiting for the court to grant the divorce and send out the signed final divorce order. This usually takes 2 to 3 months. Your divorce takes effect 31 days after the judge grants it.
  5. Divorce Certificate: The court does not send you a divorce certificate unless you request one and pay $24 for it once the divorce is final. You cannot request or pay for a divorce certificate in advance. You are not required to get a divorce certificate except when you want to get married again. (We will provide you with a mail-in form that you can use.)

Track “B”: The following applies if you have not yet been separated for a full year:

  1. We will e-mail the initial completed forms to you within two business days.

  2. DivorceFile.ca files the paperwork with the court for you.

  3. The next step, once you have been separated for a full year, will be for each spouse to swear the required affidavit for divorce through videoconference (we use Zoom – all you need is a smart phone to do this). 

  4. ‘Set-Down’ the divorce: The second and final of the two required court filings is referred to as the ‘set-down’. The court’s final mandatory fee of $420 is paid at this time.

  5. After your divorce is ‘set-down’, you are waiting for a judge to review the papers and grant the divorce. On average, parties receive their FINAL DIVORCE ORDER (the actual court paper granting the divorce) from the court around 4 to 8 weeks after the ‘set-down’ is filed.  Again, some courts can be much slower than others. 

  6. Your divorce takes effect 31 days after the judge grants it (noted as the ‘Date of Order’ in the left margin of the final divorce order).

  7. Divorce Certificate: The court does not send you a divorce certificate unless you request one and pay $24 for it once the divorce is final. You cannot request or pay for a divorce certificate in advance. You are not required to get a divorce certificate except when you want to get married again. (We will provide you with a mail-in form that you can use.)

HOW LONG WILL THIS ALL TAKE?

On average, it takes 2 to 3 months from when your Application is filed with the court until the court grants your divorce (the divorce takes effect 31 days after it is granted). However, some courts are much slower than others. Note: There is no guarantee about timing. If you are planning to remarry, you are strongly cautioned not to make any plans until you have your signed final divorce order in your hands. You will avoid unnecessary angst and anxiety by not assuming when your divorce will actually be final.