To file your joint divorce application online, you meet certain conditions.
To file online, either you or your partner must:
- live in Brampton, Hamilton, Ottawa, or Toronto. But, if you’re asking for custody or access, you must file in the location where your children live
- have lived in Ontario for at least one year before asking the court for a divorce
- have been separated for at least one year
And both you and your partner must:
- have been married in Canada or have an electronically issued marriage certificate from another country, not a scanned copy
- agree to a divorce
- agree on any other family law issues like custody, access, child support, spousal support, and dividing property
- be able and willing to sign court documents
- be able and willing to swear that the documents are true in front of a notary public or commissioner for taking affidavits
If you choose to file online, your joint divorce application may include orders for custody, access, child support, or spousal support. But, if you’re also asking for orders to divide property, you can't file online and must file in person at a courthouse.
If you meet the conditions and choose to file your joint divorce application online, go to ontario.ca. You will need a ONe-key ID. All you need to create one is a username and password.
You file your documents online, including:
- Form 8A: Application (Divorce): scanned and saved as a PDF.
- Form 36: Affidavit for Divorce: scanned and saved as a PDF.
- Form 25A: Divorce Order: filled out electronically and saved as a PDF.
- A copy of your marriage certificate. If you were married in Canada, your certificate must be scanned and saved as a PDF. If you were married outside Canada, your certificate must be electronically issued and saved as a PDF. It cannot be a scanned PDF. And, if your certificate is not in English or French, you need a certified translation that is scanned and saved as a PDF.
You need to include other forms if you and your partner agree on your other issues and want the court to make orders about those issues. They have to be scanned and saved as a PDF. For example:
Depending on how complex your case is, it usually takes about 30 minutes to file your joint divorce application online. Once you’ve started, your session ends if you’re inactive for 15 minutes and your information won’t be saved.
Pay your fees
You have to pay a court fee of $632 when you apply for a joint divorce online. You can pay by Visa, Mastercard, or Interac debit card.
If you need a fee waiver, you can’t apply online and must apply in person at a courthouse.
Get a response
If you file your divorce application on a business day between 8:30 a.m. and 5:00 p.m., you get an email from the court right away. If you file your application outside regular business hours, you get an email the next business day.
The email from the court will have:
- your joint divorce application with a court seal, which means your application has been filed with the court
- a court file number
- the date your joint application was issued
If you don’t meet the conditions to file online, or if you don’t want to file online, you can file your application in person at a courthouse.