Simple Divorce Application in Ontario: What It Is & How to File
A Simple Divorce Application may be all some separating couples need to end their marriage. Other separating couples may choose to file a Simple Divorce Application before dealing with all other issues. Finally, some couples will deal with all issues arising from the breakdown of their marriage through a Separation Agreement, and a Simple Divorce Application is the last step to legally end their marriage.
All these couples have one thing in common: they choose to go to court to deal with the divorce only either because there are no other legal issues to resolve—no property to divide, no support to determine, and no parenting arrangements to make—or they are dealing with all other issues separately.
In Ontario, this is known as a simple divorce.
A "simple divorce application" is a specific legal term. It doesn't necessarily mean the divorce is amicable, even though it often is; it means you are asking the court for only one thing: a divorce order to legally end the marriage.
At Revive Law, we understand that even when a divorce is "simple" on paper, it is still a significant life transition. Our goal is to ensure the legal process is handled with precision, efficiency, and compassion, allowing you to move forward with clarity. When retained to obtain a simple divorce only, Revive Law charges a flat fee. Reach out to us to obtain more information: camila@revivelaw.ca.
What is a Simple Divorce Application?
In Ontario, a general divorce application can ask the court for various orders (called "corollary relief"), such as:
- Decision-making responsibility and parenting time for children
- Child support
- Spousal support
- Equalization of net family property (division of assets and debts)
- A divorce order
A simple divorce application asks for only the divorce order and nothing else.
This means you and your ex must resolve all other issues related to your separation out of court (or, less often, later on), or those issues simply don't exist in your situation. You are not asking a judge to make any decisions about your children or finances. Keep in mind that if you start a Simple Divorce Application, your ex can respond with a full Answer, asking the judge to make several decisions beyond the divorce. This is never a pleasant surprise. Therefore, we usually see Simple Divorce Applications in which there are truly no issues to address.
It is important to keep in mind the limitation periods for a property division claim (equalization). You have 6 years after your separation to ask for a judge to decide about the division of your property between you and your ex. If, however, a divorce is obtained before that is dealt with, for example, through a Simple Divorce Application, the time for you to ask for the same order is reduced to 2 years. This is another reason to avoid obtaining a divorce before dealing with all issues arising from the breakdown of your marriage.
Who is a Simple Divorce For?
A simple divorce is the right path if:
You Meet the Basic Requirements for Divorce in Ontario:
- You are legally married. Even if you got married outside of Ontario or Canada, you are considered married in Ontario.
- There has been a breakdown of the marriage (most commonly established by living separate and apart for at least one year - this no longer means you must be living at different addresses for over a year, but the decision to separate must have happened for longer than that).
- You or your spouse has lived in Ontario for at least one year immediately before filing the application.
Child Support is Being Paid:
If you have children eligible for child support (under the age of 18 or a dependent adult), with very few exceptions, your Simple Divorce Application will only be successful if table amount child support is being paid.
You Have NO Outstanding Issues (note that this is not a legal requirement, but if these issues have not been addressed, your ex will most likely respond to your Simple Divorce Application with an Answer, and you will have missed a great opportunity to negotiate all the other issues outside of court):
- No Children: You and your spouse have no children (under 18 or dependent adult children).
- OR Full Parenting Agreement: If you do have children, you have a complete and final agreement in place regarding their care and financial support, and the court will be satisfied that reasonable arrangements have been made for them.
- No Financial Claims: Neither spouse is seeking spousal support from the other, and you have already divided all your property and debts to your mutual satisfaction (or have no significant joint property to divide).
If you have any disagreements about parenting, support, or property, or if you simply haven't formalized your agreement on these issues yet, a simple divorce application is likely not the correct first step. You may first need to negotiate a Separation Agreement through a process like collaborative divorce, mediation, or traditional negotiation.
The Process: How to File a Simple Divorce
While "simple," the process still involves strict adherence to court rules and forms. A small error can lead to your application being rejected, causing delays and frustration.
- Determine the Type of Application: You can file as a sole applicant (one spouse files against the other) or as joint applicants (both spouses file together). If filing as joint applicants, both parties will need to actively participate in the process and, if unexpected steps are needed, agree on everything along the way. For this reason, at Revive Law, we prefer to deal with sole applicants to avoid future surprises.
- Complete the Required Forms: The primary form is the Form 8A: Application (Divorce). You must carefully check the box indicating you are asking only for a divorce. To avoid delays, attach a copy of your Marriage Certificate to the Application.
- Submit Application to the Court for issuance: You must file your completed forms and pay the court filing fees at the appropriate courthouse (usually in the municipality where you or your spouse lives). This can often be done online through the Justice Services Online portal. You need to wait to receive the issued Application back from the court through an email. They will stamp and add a court file number to your Application.
- Serve the Documents (Sole Application Only): If you filed as a sole applicant, you must have a copy of the issued application served personally on your spouse by someone other than yourself. You then need to file proof of this service with the court.
- Wait for the Response Period (Sole Application Only): Your spouse has 30 days (60 days if they are outside Canada/USA) to file a response. For a simple divorce, they typically will not file a response, allowing the matter to proceed as "uncontested."
- File the Affidavits and draft divorce order: After the waiting period (or immediately for a joint divorce), you will file final documents, including a form 36: Affidavit for Divorce, which swears that the information in your application is true and that you are entitled to a divorce. It will also have information about any children of the marriage and child support payments. If you and your ex are joint applicants, each of you needs to complete this form. You will also have to draft and submit a draft divorce order (Form 25A).
- Judicial Review & Divorce Order: A judge will review your file in their chambers. If everything is in order and all legal requirements are met, they will grant a Divorce Order. If not, they may ask for clarification or even schedule a date to hear from you and your ex directly. It usually takes several months to a year for this step to be completed.
- Certificate of Divorce: The divorce order becomes final 31 days after it is granted. After that period, you can then fill out and file for a Certificate of Divorce, which is the official document proving you are divorced (and is required if you wish to remarry). Most courthouses will provide an electronic Certificate of Divorce by e-mail. For a hard copy, you should contact the specific courthouse for instructions.
Do I Need a Lawyer for a Simple Divorce?
While it is possible to file a simple divorce on your own ("self-represented"), it is highly recommended to have legal assistance.
Even in the simplest cases, the court forms can be confusing, and the procedural rules are strict. A lawyer ensures that:
- You are actually eligible for a simple divorce.
- A lawyer will explain your possible entitlement or exposure, and how a divorce order can affect that.
- All forms are completed accurately and completely, and any challenges are quickly addressed.
- The correct procedure for filing and service is followed.
- Your divorce moves through the system efficiently without unnecessary delays caused by procedural errors.
At Revive Law, we offer streamlined services for simple divorce applications, handling all the paperwork and procedural steps for a flat fee, giving you peace of mind that your legal matter is being concluded correctly.
Ready to move forward with clarity?
Contact Revive Law today to discuss if a simple divorce application is the right path for you.
About Revive Law – Family Law, Collaborative Divorce, and Mediation
We understand that legal challenges such as divorce, parenting arrangements, or marriage contracts (“prenuptial agreements”) are never just "legal matters"—they are profound human experiences filled with stories, emotion and uncertainty. With this understanding, lawyer and mediator Camila Motta founded Revive Law Professional Corporation to provide a better path forward for their clients’ new beginnings.
Revive Law is more than a traditional law office. It is a supportive, structured space designed to help individuals and families navigate delicate transitions with confidence, empowerment, and respect.
We specialize in Family Law, Mediation, and Collaborative Divorce, prioritizing out-of-court solutions that reduce emotional strain, preserve relationships, and promote autonomy. Our approach combines legal competence with empathy and active listening, recognizing that every case involves real people and real stories.
With an international and diverse background, Camila is known by clients for her discretion, steadiness, and human-centered approach. Our work is grounded in three core pillars:
- Trust: Transparent guidance that brings safety.
- Structure: Clarity that supports informed decisions.
- Dialogue: Communication that opens healthier paths forward.
Whether you are navigating a separation, divorce, discussing parental responsibilities, preparing a cohabitation agreement or marriage contract, or seeking preventive guidance through Wills and Powers of Attorney, Revive Law is here to support you. Our purpose is to help you move through change with respect, clarity, and emotional intelligence.
Learn more:
🌐 www.revivelaw.ca
Frequently Asked Questions About Simple Divorce Applications in Ontario
Q1: Can I file a "simple divorce" if we have children?
A1: Yes, you can, but with an important condition. A divorce can only be considered "simple" if you are not asking the court to make any decisions about parenting or child support in your application. This means you and your spouse should have already reached a full and final agreement on all parenting and support issues. The court has a duty to ensure that reasonable arrangements have been made for any children of the marriage before granting a divorce, so your judge will need to be satisfied with the plan you have in place, especially with respect to child support payments for any eligible children.
Q2: What's the difference between a "simple divorce" and a "joint divorce"?
A2: A "simple divorce" refers to what you are asking for (only the divorce order). A "joint divorce" refers to who is asking (both spouses filing together). You can have a joint simple divorce, or a simple divorce that proceeds uncontested because your ex does not respond to the Simple Divorce Application, making further requests to the court.
Q3: If I file a simple divorce application, can my spouse ask for support later?
A3: This is a critical point. If you divorce in Ontario and your ex claims spousal support later, it is legally possible for them to be successful, as there is no limitation period for a spousal support claim. However, they may only make such a claim under the Divorce Act at the Superior Court of Justice. They will likely have a harder time convincing the judge of their entitlement and need for financial support from you. Depending on the circumstances, they may be able to do it. This is one of the reasons why it is highly recommended to have a finalized agreement before proceeding with a simple divorce to ensure all financial matters are settled.
Q4: How much does a simple divorce cost in Ontario?
A4: There are mandatory court filing fees set by the government. Currently, these total about $600 (a fee to file the application, a fee to file the final divorce documents, and the fee for the divorce certificate). If you hire a lawyer to handle the process for you, there will be legal fees in addition to these court fees that you will pay the law firm. Revive Law offers flat-fee packages for simple divorces to provide cost certainty.
Q5: How long does the process take from start to finish?
A5: While faster than a contested divorce, it is not immediate. Once you and your spouse have been separated for at least one year, the process of filing, serving (if applicable), and waiting for court review typically takes several months. The timeline can vary depending on the volume of cases at the specific courthouse where your application is filed. Once the divorce order is granted by a judge, there is a mandatory 31-day waiting period before it becomes final.
Q6: What if I don't know where my spouse is? Can I still get a simple divorce?
A6: Yes, but it becomes more complicated. You are required to personally serve your spouse with the divorce application (this means someone other than you must deliver the court-issued forms to them). If you cannot locate them, you will need to take significant steps to try and find them. If those efforts fail, you must apply to the court for an order allowing for "substitute service" (serving them in another way, like via a family member or email) or dispensing with service altogether. This will add time and complexity to the process, so legal assistance is highly recommended in this situation, and a flat fee will likely no longer be an option.
