Find a Family Lawyer in Canada

File a divorce application (Form 8A) with the Superior Court of Justice. In a simple application one spouse files and the other is served and has 30 days to respond (60 days if served outside Canada or the United States). In a joint application you both sign and nobody is served. You will need your marriage certificate and an affidavit sworn before a commissioner, and simple and joint divorces can be filed online. In an uncontested case, a judge then decides the divorce from the affidavit evidence.

The court fees are $214 to file the application, $445 to place it on the list for a hearing, a $10 federal registry fee, and $25 for the divorce certificate. Those are the October 2026 amounts. Ontario's fees are due for an inflation increase on 1 January 2027, so check them after that date. Ontario's fees can be waived for people who qualify. The $10 federal fee cannot be waived, but it is not charged to someone on legal aid whose Ontario filing fee is waived. Legal fees come on top and depend on how much has to be negotiated; our divorce cost guide breaks them down.

Once the divorce has taken effect, usually on the 31st day after it was granted, request the certificate from the court where your case started. You need the court location, the court file number and the year the divorce was granted. You can apply online, in person or by mail, and the fee is $25.

Ontario does not publish a standard timeline, because it depends on the court and on whether the paperwork is complete. Two legal timing rules apply. A divorce based on separation cannot be granted until you have lived apart for at least one year, although you can file sooner. Once a judge grants it, the divorce usually takes effect on the 31st day after, unless there is an appeal.

Ontario law does not require either spouse to have a lawyer, but each of you can get your own independent advice before signing. A separation agreement must be in writing, signed by both of you and witnessed. A court can later set it aside if one of you did not disclose significant assets or debts, or did not understand what the agreement meant. Having your own lawyer review it before you sign helps you understand it and keeps the disclosure on the record.

No. Ontario's property equalization rules and the special rules for the matrimonial home apply only to married spouses. Unmarried partners can claim spousal support after living together continuously for at least three years, or sooner if they are in a relationship of some permanence and have a child together. A cohabitation agreement is how unmarried couples set their own terms.

Not by law. Courts often use the federal Spousal Support Advisory Guidelines to work out ranges, but the Department of Justice says plainly that the guidelines are not law, and they do not decide whether someone is entitled to support in the first place. Our spousal support guide explains how entitlement and amount are worked out.

Matching is free. Each family lawyer sets their own rates for consultations and fixed-fee services like agreement drafting, and you see pricing before you book. Limited-scope options, like a single court appearance, keep costs predictable.