How to Divorce Without a Lawyer in Ontario: A Step-by-Step Guide

Divorce is among life’s most stressful events, but for many Ontario couples, it need not come with an overwhelming financial burden. Filing for divorce without retaining a lawyer is not only possible, but with clear information, it can offer greater control and affordability. Of course, it’s not suited for every situation, but when both parties agree on most issues, it opens a path that saves time, money, and stress.

Starting with the basics

Ontario has clear laws guiding the divorce process. The federal Divorce Act outlines the grounds and legal framework, while the provincial courts and government manage the actual proceedings and filings. Most do-it-yourself divorces rely on the concept of an “uncontested divorce.” This is where both spouses agree on all significant terms of their separation, including property, residential arrangements and decision making for their children, spousal support, and child support provisions.

When can you consider a do-it-yourself divorce?

You are married (not common law) and wanting to legally end your marriage.
You and your spouse agree on all significant terms of your separation.
You or your spouse have lived in Ontario for at least one year before starting the process.
At least a year has passed since your separation, unless you are divorcing for other legal grounds (adultery or cruelty).

If these conditions are met, moving ahead without legal representation is a viable choice.

Types of divorce you can file on your own

There are two common options in Ontario for those who wish to proceed without a lawyer:

Simple divorce (or uncontested divorce): Only the divorce is requested; there are no claims regarding property, support or children.
Joint divorce: Both spouses apply together and agree on all significant matters, including children and finances.

A contested divorce—where parties disagree on key issues—is not recommended without legal representation.

What you will need before you start

Preparation is absolutely vital to avoid confusion or costly errors. Before filling out any forms, have these essentials ready:

Your marriage certificate (an official copy, not the church record or a photocopy)
Accurate addresses and personal information for each spouse
If there are children, details on current residential arrangements and child support
Financial information if issues of support, property division, or debts are involved

Where do you get the marriage certificate? For marriages performed in Ontario after 1991, you can order an official certificate online at ServiceOntario. For those married elsewhere, you’ll need to request one from the government or local authority in that jurisdiction.

Starting Your Simple Divorce: What to Do

This step-by-step guide will help you complete a simple (uncontested) divorce in Ontario. Follow each step carefully to avoid delays and keep your paperwork organized. No lawyer needed.

Continuing Record Cover Sheet Continuing Record Cover Sheet

- This is the first page of your court file (called the Continuing Record).
- It stays at the courthouse and holds all the documents for your case.
- You don’t need a court file number yet — the court will give you one when you file.

You Are the Applicant

You’re the one filing for divorce = Applicant.

1. - Your ex is called the Respondent.
  - Your divorce will be filed in the municipality where you live.

Table of Contents Table of Contents

- This page goes at the front of your Continuing Record.
- It lists all documents you include in your court file.
- The first item on this list will be your Application for Divorce.
- Fill in the date you sign the Application and the date you go to court to file it.

Form 8A – Application (Simple Divorce)

- Fill out only the parts that apply — since this is a simple divorce, you’re just asking for the divorce itself (not support, custody, or property).
- You and your ex must have lived separate and apart for at least one year.
- Sign and date the form. Your ex doesn’t need to sign it.
- Make a copy of the signed application before you head to court.

Court Fee

1. - The cost to start a simple divorce is $224.
  - Pay by cash, cheque, or money order to the Minister of Finance.
  - Can’t afford it? Ask the court about a fee waiver — they may let you file for free.

File Your Documents at Court

1. - Go to the Superior Court of Justice in the area where you live.
  - You can find the correct courthouse by checking the Ministry of the Attorney General’s website. Court Locations
  - Take a number from the counter and wait until it’s called.
  - When your number is called, hand your documents to the court clerk.
  - You’ll get a stamped copy of your Application and (if applicable) a fee waiver certificate. Keep these in a safe place.

Serving Your Documents

1. - You need to serve your ex (the Respondent) with:
  - A copy of your issued Application
  - A blank Form 10: Answer Form 10: Answer
  - You cannot serve these documents yourself. Someone else who is at least 18 — a friend, family member, or professional process server — must hand-deliver them.

Proof That the Documents Were Served

1. - The person who serves the documents must complete:
  - Form 6B: Affidavit of Service Form 6B: Affidavit of Service
  - This form must be:
    1. Sworn or affirmed in front of a notary or commissioner for taking affidavits.
    2. Signed with ID present and not signed in advance.
  - There may be a small fee for this service (typically around $21).
  - File the completed Form 6B Form 6B: Affidavit of Service in your Continuing Record at the courthouse.
  - Note: Your ex does not have to sign anything

Waiting Period

1. - Your ex has 30 days to respond from the date they were served.
  - They don’t have to respond or sign anything.
  - Once the 30 days are up, you can finalize your divorce.

Finalizing Your Simple Divorce – What You Need

1. - Form 36A: Certificate of Clerk (Divorce) Form 36A: Certificate of Clerk (Divorce)
    1. A checklist the clerk will finish — fill in what you can.
  - Form 36: Affidavit for Divorce
    1. Must match the info in your Application.
    2. Attach your original marriage certificate.
    3. Take ID and sign this form in front of a notary or commissioner.
  - Form 25A: Divorce Order (Draft) Form 25A: Divorce Order
    1. This is the draft order for the judge to sign.
    2. Make three copies:
      1. One for the court,
      2. One for you,
      3. One for your ex.

File the Final Documents at Court

1. - Bring:
    1. All completed forms,
    2. Three copies of the Divorce Order,
    3. Your original marriage certificate,
    4. Two self-addressed stamped envelopes (one for you, one for your ex).
  - Go back to the same courthouse.
  - Take a number and give all documents to the court clerk.
  - Nothing will be returned to you.
  - There is a $445 fee before the court reviews your divorce.
    1. Pay by cash, cheque, or money order (to Minister of Finance).
    2. If you received a fee waiver, this step is included.

When Are You Officially Divorced?

- The court will mail your Divorce Order to you and your ex.
- Your divorce becomes final on the 31st day after the judge signs it.

Getting Your Certificate of Divorce

- After your divorce is final, you can go back to the courthouse to request a:
  1. Certificate of Divorce – Fee: $25
  2. You may also request your original marriage certificate back, if needed.
- You’ll need your Certificate of Divorce if you plan to remarry.

Do not overlook local court requirements—some regions might request particular supporting documents or have special rules.

Attention to detail is very important. Mistakes or missing information can lead to delays or a dismissed application.

A few tips for accuracy:

Double-check spellings (especially names and dates)
Use clear, current addresses (including postal codes)
If not certain about any particular answer, consult official guides or court staff (who cannot provide legal advice but can clarify process questions)

What about children and support?

Where kids are involved, special attention is given to the residential arrangements and child support. The court has a duty to ensure that children’s best interests are protected, even if both parents say they agree. You’ll need to file specific forms about how the children are cared for financially, with calculations to verify that child support follows the Federal Child Support Guidelines.

Skipping proper disclosure or avoiding a fair support arrangement will almost always delay the application and can lead to a court-ordered hearing, even in an uncontested divorce.

Staying out of court on other issues

Resolving property, support, and parenting matters through mediation before starting a divorce application helps prevent issues with your application. Consider the following steps:

Prepare a detailed separation agreement which clarifies:
- Debt responsibilities and asset division
- Residential arrangements for any minor children
- Child support arrangements
- Spousal support arrangements

When you should reconsider doing it all yourself

While a lawyer-free divorce is achievable, there are situations where hiring professional help may be a better option:

There is a history of domestic violence or power imbalances
There are disputes about children or support
Property or debts are complex
One spouse tries to hide assets or intimidate the other
Language barriers make it difficult to prepare the paperwork

It’s important to be practical—if the situation is complex, involving a lawyer early on can help you avoid significant stress and expenses later.

Here is a final checklist before submitting your divorce application:

All forms completed accurately and signed
Marriage certificate or affidavit as proof of marriage
Arrangements for children outlined if applicable
All financial disclosures attached (if required)

Correct filing fee paid
Service completed and affidavit submitted (simple divorce only)
Sworn affidavits ready at the final paperwork stage

In Ontario, the option to divorce without a lawyer makes the legal system more accessible for many couples. With the right information, official resources, and careful attention to paperwork, it’s possible to achieve a smooth, affordable separation—without legal conflict or excessive costs.

Supporting Your Online Joint Divorce Filing from Start to Finish

At Positive Solutions, we help couples prepare their joint divorce applications and provide clear, step-by-step instructions for filing online through the Ontario court system. Our experienced team ensures all required documents are completed properly and ready for submission, helping you avoid delays and unnecessary complications. We make the process smoother, more efficient, and far less stressful.

FAQ's: How to File for a Divorce without a Lawyer in Ontario

1. Can I file for divorce in Ontario without hiring a lawyer?

Yes, you can file for divorce in Ontario without a lawyer. This is called a “self-represented” or “do-it-yourself” divorce. The process involves completing the required court forms, filing them with the appropriate court, and paying the necessary fees.

2. What are the basic requirements to file for divorce on my own in Ontario?

To file for divorce in Ontario without a lawyer, you or your spouse must have lived in Ontario for at least one year before applying. You must also have grounds for divorce, such as living separate and apart for at least one year, adultery, or cruelty.

3. What forms do I need to complete for a DIY divorce in Ontario?

The main forms required include the Application for Divorce (Form 8A for simple divorce), an Affidavit for Divorce (Form 36), and a Registration of Divorce Proceedings form. Additional forms may be needed if you have children or are making claims for support or property.

4. How much does it cost to file for divorce without a lawyer in Ontario?

The court filing fees for a simple divorce in Ontario are approximately $669, which includes the initial application fee and the final order fee. Additional costs may apply for serving documents or obtaining copies.

5. What are the common mistakes to avoid when filing for divorce without a lawyer?

Common mistakes include incomplete or incorrect forms, failing to serve documents properly, missing deadlines, and not addressing child support or residential arrangements if applicable. Carefully follow the court’s instructions and consider seeking the help of a professional such as Positive Solutions Divorce Services if needed.

Final Thoughts: Separate Smarter, Not Harder

You don’t need a lawyer to separate in Ontario. Through mediation and a clear separation agreement, you can protect your finances, your peace of mind, and your children.

Whether you’re dealing with child support, equalization payments, or parenting plans, court alternatives like mediation offer a practical path forward under Ontario family law.

Since 2008, Positive Solutions Divorce Services® has helped thousands of couples separate respectfully and cost-effectively.

Ready to Divorce without having a lawyer?

Book your free 30-minute joint consultation today.