Simple Divorce in Ontario: Forms, Steps and Affidavit Commissioning

Updated September 2026. An Ontario “simple divorce” is an application in which one spouse asks the court for a divorce only. A joint divorce application is different: both spouses apply together. Either way, a judge grants the divorce; a notary or commissioner cannot grant one.

Before you file

Check the applicable residency and grounds for divorce, any parenting and support issues, and the court’s current forms and fees. Living separate and apart for one year is a common ground for divorce, but you may be able to start the application before the year has ended; the divorce cannot be granted on that ground until the requirement is met. If you need orders about children, support or property, the “divorce only” route may not fit your circumstances.

A practical outline of the process

• Review Ontario’s family court guide and choose the simple or joint application route.
• Prepare the application (Form 8A) and the required supporting documents. For a simple application by one spouse, arrange service on the other spouse and file proof of service, following the court’s instructions.
• At the relevant later stage, the applicant may need a Form 36 Affidavit for Divorce, sworn or affirmed before an authorized commissioner, and a draft Form 25A Divorce Order. The court guide explains timing and additional documents.
• After a judge grants a divorce, it generally takes effect on the 31st day after the order unless an exception applies. The court can issue a certificate of divorce separately.

How we may help

Notary On The Go can assist with commissioning an affidavit when the document is ready and the service is appropriate. Preparation of divorce forms, legal advice and representation are different services and may be provided only by an authorized lawyer or a paralegal with the Law Society of Ontario’s Family Legal Services Provider authorization, within its permitted scope. Ask us about availability and eligibility before engaging a provider.

Need Form 36 commissioned? Review online commissioning options and first confirm the receiving court accepts your proposed method, or contact us for an in-person appointment.

Sources: Ontario family court guide; Ontario divorce documents guide; LSO FLSP scope; Justice Canada divorce fact sheet.