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This blog was originally published under the name Athena Law Office of Athena Narsingh. We have since rebranded to Barnett Law. While our name has changed, our commitment to providing exceptional legal services remains unwavering.

Divorce Papers Ontario: A 7-Step Checklist of Ontario Court Forms and How to Serve Divorce Papers in Ontario

by | Jul 1, 2024 | legal guidance | 0 comments

Whenever you are filing for divorce, it comes with lots of administrative work. You have to fill out Ontario Court forms, get them signed and sealed, and file them with the court.

If you don’t have a plan on how to serve the papers, you might now know where to start. So, if you want to learn how to serve divorce papers Ontario, you have come to the right place.

Our family lawyer in Scarborough has created a complete checklist to help you with divorce papers Ontario.

Divorce Papers Ontario: A 7-Step Checklist of Ontario Court Forms and How to Serve Divorce Papers Ontario

A circular diagram on how to serve divorce papers Ontario

Depending on the type of divorce you opt for, there are different Ontario Court forms you will have to fill out. We have set out the checklist based on the type of divorce application to help expedite the divorce process for you:

Step 1: Fill Out the Relevant Ontario Court Forms

Be sure to fill out the relevant forms, depending on the type of divorce you are opting for. Here is a breakdown of the forms based on the divorce type:

General Application for Divorce in Ontario

When you are starting a general application, these are the divorce papers Ontario you will have to fill:

The above Ontario Court forms are for a general application. However, if your situation is different or more complicated, then you may also have to fill out these divorce papers Ontario:

  • Original marriage certificate (if you are asking for divorce)
  • Form 35.1: Affidavit
  • Documents for financial disclosure

These three forms are also important. You can learn more about a marriage certificate on our blog here.

On the other hand, Form 35.1 is something you will have to fill if you want decision-making responsibility, parenting time, or contact with your children.

So, if children are involved, and there are issues of access or custody, then you will have to fill this form. Finally, the documents for financial disclosure will include anything related to child support, spousal support, or family property.

Simple Divorce Application

If you are starting a simple application without any support or property claims, then you will have to fill out the following divorce papers Ontario:

You might need help deciding how to complete these Ontario Court forms or which ones to complete for your purpose. In such an event, we recommend you contact our family lawyer in Scarborough for more information.

Joint Divorce Application

A joint divorce application is when you and your spouse are applying for a divorce together. For such an application, these are the divorce papers in Ontario you will need to fill:

Ontario Court Forms for Joint Divorce Application Additional Information
Form 8A: Application (Divorce)
  • You and your spouse must sign and date this form.

 

  • You must also bring four copies of this completed form to the courthouse for filing.
Continuing Record This will include a Table of Contents.
Original Marriage Certificate You can easily get a marriage certificate in Ontario.
Form 36: Affidavit for Divorce You and your spouse must get each copy for yourself and fill it out. Then, you must sign it in front of a commissioner.
Form 25A: Divorce Order

                   

  • Write down everything you and your spouse have agreed to and want to be included in your divorce order, such as support, etc.

 

  • You must not write this form with your hands. We recommend typing it on the computer and bringing four copies to file at the courthouse.
Separation Agreement

                    

This is only applicable if you and your spouse have made this and you want to file it with your application.
Form 35.1: Affidavit This form is applicable if you are asking for decision-making responsibility or parenting time with respect to your children.
Financial Disclosure Documents These can include applications related to property claims, spousal support, and child support.
Support Deduction Order and Support Deduction Order Information Form
  • These are applicable when you are asking for child or spousal support.

 

  • For the support deduction order, bring three copies of this completed form for courthouse filing.

 

Step 2: Get the Divorce Papers Ontario Issued by the Court

The next step you must follow is to complete filling the documents, and make sure the court issues these to you. What this means is that a court clerk will sign and date your original application and apply the court seal.

They will also provide you with a court file number. You must write this number in the box at the top right corner of each form page.

Our family lawyer in Ontario recommends you create copies of all the forms you fill out. Then, you can serve these divorce papers Ontario to the relevant parties and keep one copy to yourself.

Step 3: Provide the Court Filing Fees

If you are filing the divorce papers Ontario at the Ontario Court of Justice, then you will not have to pay any court filing fees.

However, if you are beginning your case at the Superior Court of Justice or their Family Court Branch, then you will have to pay a court fee. You can also check whether you qualify for a fee waiver.

If you are eligible for the waiver, then you will not have to pay most of the fee associated with filing the documents.

Step 4: Get a Date for a Case Conference or First Appearance

Filing at the Superior Court of Justice means the court will not schedule your first appearance when they issue your application. In this case, you will have to schedule the first appearance.

On the other hand, if you are filing your case at the Ontario Court of Justice or the Family Court Branch of the Superior Court of Justice, the clerk will provide you with a first appearance date unless you are making property-related claims or you are asking for a divorce.

Step 5: Attending the MIP Session

The MIP session is the Mandatory Information Program, and most couples filing for divorce must attend this free session.

When you file your divorce papers Ontario, the court clerk will provide you with two MIP notices. One will be for you, and the other will be for the respondent.

You and your spouse will be required to attend different MIP sessions.

Step 6: Learn How to Serve Divorce Papers Ontario

If you have filed a simple or general application, then you will have to serve these documents to the respondent:

  • A copy of the application the court issued to you and all the forms you filled out in Step 1
  • The MIP notice of the respondent (if you received one)
  • Blank copies of any form that the respondent might need to fill out when responding to your application. These can include Form 10, Form 13, Form 13.1, Form 13A, and Form 35.1

You can’t serve divorce papers Ontario yourself. Instead, someone other than you who is at least 18 will need to serve the documents.

You can also use a special service to serve the divorce papers Ontario. If you must attend a first appearance, you must ensure that the respondent receives your documents with enough time to complete, serve, and then file an answer.

The respondent will have 30 calendar days if they receive the application in Canada or the United States. On the other hand, the respondent will have 60 calendar days if they receive the application outside Canada or the USA.

Please note that if you and your spouse have filed a joint application for divorce, no service on the part of the other party is needed because you are asking the court together for the same orders, and there is no respondent.

Step 7: File Form 6B

Finally, after serving all the relevant documents, you are responsible for completing Form 6B: Affidavit of Service. Each party must complete this form and file it with the court where you issued the application.

The form is important because it shows the court proof that you served your documents to the respondent.

FAQs

What is the fastest way to get a divorce in Ontario?

An uncontested divorce is the fastest way to get a divorce in Ontario. This means both parties mutually agree to the divorce and its terms.

What is a Form 8 in divorce papers Ontario?

Form 8 is the General Application for divorce that you must fill out. You will always have to fill out this form to start a new court case.

How do I set down a divorce in Ontario?

To set or start the divorce process, either spouse can prepare and file an application for divorce with the courts.

Can you be served by email in Canada?

Unless the documents require a special service, you can possibly serve by email in Canada, but there are certain rules. You will need permission from the court, and you will need to file the email with Form 6B: Affidavit of Service.

Schedule a Free Consultation with Our Family Lawyer Ontario

If you need help with filling and filing your divorce papers Ontario, then you can get in touch with our family lawyer. We will be more than willing to guide you each step of the way, from filling out the forms to learning how to serve divorce papers in Ontario.

For more information, please feel free to schedule a free initial consultation with Athena Narsingh.

Author Profile

Barnett Law
Barnett Law
Barnett Law is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh Barnett wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.
announcement

This blog was originally published under the name Athena Law Office of Athena Narsingh. We have since rebranded to Barnett Law. While our name has changed, our commitment to providing exceptional legal services remains unwavering.