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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.
Ontario has clear laws guiding the divorce process. The federal Divorce Act outlines the grounds for divorce (like living separate and apart for one year, adultery, or cruelty) and deals with divorce-related issues such as parenting time and decision-making responsibility, child support, and spousal support when a divorce is being pursued. The Family Law Act covers matters like property division, equalization payments, possession of the matrimonial home, spousal support, and child support. It’s the framework for family law issues in Ontario outside of (or in addition to) a divorce proceeding.
In Ontario, you don’t always need a lawyer to separate. Many couples choose alternatives such as family mediation or working out the terms of a separation agreement together. Whether this is the right path depends on your situation.
You can usually separate without a lawyer when:
That said, lawyers are still useful for independent legal advice. Even if you resolve issues through mediation or a negotiated agreement, each of you should have a lawyer review the agreement before signing. This makes the document stronger and more enforceable.
There are two common options in Ontario for those who wish to proceed without a lawyer:
A contested divorce – where parties disagree on key issues – is not recommended without legal representation.
Preparation is key when filing for a divorce without a lawyer in Ontario. Having the right documents and forms ready will help you avoid delays, confusion, or costly errors. Before you start completing your application, make sure you gather the following:
Having these documents prepared and organized in advance will make the process smoother and reduce the risk of errors that could delay your divorce.
If you and your spouse agree on all major issues, you may be able to complete a simple (uncontested) divorce in Ontario without hiring a lawyer. Here are the key steps:
Step 1: Prepare your documents
Complete the required forms, including:
Step 2: File your application
Bring your forms to the Superior Court of Justice in your municipality. The initial filing fee is $224, payable to the Minister of Finance. Fee waivers may be available if you qualify.
Step 3: Serve your spouse
A third party (friend, family member, or process server over 18) must deliver your application and a blank Form 10: Answer to your spouse. You cannot serve documents yourself. Proof of service is filed using Form 6B: Affidavit of Service.
Step 4: Waiting period
Your spouse has 30 days to respond after being served. If no response is filed, you may move forward to finalize your divorce.
Step 5: File your final paperwork
Submit the remaining forms, including:
The final court fee is $445 (unless a fee waiver applies).
Step 6: Receive your Divorce Order and Certificate of Divorce
The court will mail your Divorce Order. Your divorce becomes final on the 31st day after the judge signs it. You can then request a Certificate of Divorce (fee: $25), which is required if you plan to remarry.
A few tips for accuracy:
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.
Handling Parenting and Property Without Court Involvement
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:
While a lawyer-free divorce is achievable, there are situations where hiring professional help may be a better option:
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:
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.
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 can guide you step-by-step in completing your DIY divorce Ontario forms and make sure nothing is missed.
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.
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.
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.
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.
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.
👉 Schedule your free 30-minute joint consultation and let our team walk you through every step of your Ontario joint divorce—no court, no conflict, just clarity.
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📧 connect@positivesolutions.ca
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“Changing the way couples separate in Ontario”
President and founder of Positive Solutions Divorce Services®
(416)-559-5527 | connect@positivesolutions.ca | positivesolutions.ca
The information provided in our blogs and throughout our website is intended for general educational purposes, offering insights into separation and divorce processes in Ottawa and throughout Ontario. While we make every effort to ensure our content is accurate and current, it should not be considered legal advice. Although we can provide legal information to help you understand the divorce process, we recommend consulting with a qualified family law lawyer to obtain legal advice specific to your situation.
Learn More about Positive Solutions Divorce Services
Book a Free Joint Online Meeting to see if Mediation is right for you.
Throughout the mediation process, we encourage open communication and creative problem-solving, often uncovering mutually beneficial solutions. Our goal is to help you create a separation agreement that provides clarity and stability during this transitional period, while also being flexible enough to adapt to future changes.
By choosing our mediation services for your separation agreement, you can often achieve a more personalized and comprehensive document than one created through traditional legal channels, potentially saving time, reducing costs, and laying the groundwork for a more amicable post-separation relationship.
A Separation Agreement is a legally binding document that outlines how separating spouses will divide parenting responsibilities, property, and finances after a relationship ends. At Positive Solutions Divorce Services®, we help couples create clear, enforceable Separation Agreements through mediation—without going to court.
Our trained mediators guide both partners through every topic that matters: parenting time, decision making, child support, spousal support, and property equalization. We offer a calm, structured environment where couples can resolve issues respectfully and affordably. Once decisions are made, we prepare a comprehensive agreement that can be reviewed by independent legal counsel and signed to become legally binding in Ontario.
*The information included in a Separation Agreement, or other applicable documents, is purely a guide and cannot substitute for a lawyer’s skill, knowledge, and careful drafting. These documents are simply reflective of the information received from you and are an administrative service only.
Positive Solutions Divorce Services® does not warrant and is not liable or responsible for ensuring the validity and/or enforceability of any Agreement or clause in an Agreement and remains your full and sole responsibility. Full financial disclosure is a crucial element in the preparation of any Agreement. It is also critical that you understand your rights and obligations under existing law.
In many circumstances, the Agreement will be addressing complex assets and issues, such as corporations, trusts, pensions, tax implications etc. In these cases, it is imperative that the actual relevant documentation be reviewed and that the expertise of an accountant or specialist in the subject area be consulted to ensure that the Agreement properly addresses these complex assets and issues. It is strongly recommended that you retain Independent Legal Advice before signing any documentation arising out of the end of your marriage or common law relationship.