Deciding to end a marriage is never easy, and navigating the legal process can be overwhelming. For those in Ontario considering a divorce, a "Do-It-Yourself" (DIY) approach might seem cost-effective and straightforward. A DIY, uncontested or simple divorce is ideal for couples who agree on all major issues, such as property division, spousal support, and children-related matters.

This guide will walk you through the steps to file for a DIY divorce in Ontario and explain how a Divorce Application Preparation Expert can make the process smoother and less stressful.

What is a Do-It-Yourself Divorce?

A Do-It-Yourself divorce in Ontario is a straightforward process where you handle the divorce independently, without the need for a lawyer. This type of divorce is possible if both parties agree on all issues and want to end their marriage amicably and cost-effectively. Here are some critical conditions for a DIY divorce:

• No Contested Issues: Both parties must agree on the separation of property, support, and children-related issues.
• Living Separate and Apart: You must have lived separately for at least one year before filing for divorce.
• Simple Process: The divorce is straightforward, with minimal paperwork if both parties agree.

Step-by-Step Guide to a DIY Divorce in Ontario

If you meet the conditions for a DIY divorce, here's a step-by-step guide to help you through the process:

1. Obtain Your Marriage Certificate

Before you can begin, you'll need a copy of your marriage certificate. You can order one online through the Government of Ontario's website if required. If you were married outside of Ontario, you must get a copy of your marriage certificate from the jurisdiction where you were married. A certified translation will be required if it's in a language other than English or French.

2. Prepare the Necessary Forms

You will need several forms to initiate your divorce. These forms are available on the Ontario Court Forms website. Here's what you'll need:

Continuing Record Cover Sheet: This is the first document you need outlining the details of your case.

Table of Contents: This lists all the documents included in your application.

Form 8: Simple Divorce Application: This form is essential to your divorce application and is relatively straightforward.

3. Pay the Required Fees

The court fee for filing a divorce application is $212. You can apply for a fee waiver if this fee is a barrier. You can find the fee waiver form on the Ontario Court Forms website.

4. Serve Your Spouse

Once your forms are completed and filed with the court, you must serve your spouse with the divorce documents. Here's how:

Service by a Third Party: You cannot serve your spouse directly. Instead, a third party, such as a friend, family member, or professional process server, must serve the documents. This person will then complete an Affidavit of Service before a commissioner or notary public.

Response Time: Your spouse has 30 days to respond after being served. If they do not answer, you can proceed with an uncontested divorce.

5. Prepare Additional Required Forms

If your spouse does not contest the divorce, you'll need to complete additional forms:

Form 36: Affidavit for Divorce: This form confirms that you've been living separately for the required one-year period and includes a copy of your marriage certificate.

Form 25A: Divorce Order: This is the final document that the court will issue to grant your divorce.

6. Submit Your Documents and Pay Final Fees

Submit all completed documents to the court, including:

A self-addressed, stamped envelope for yourself

A stamped envelope addressed to your spouse

There is an additional court fee of $420 for reviewing your completed documents. Once everything is reviewed, you will receive your divorce order.

7. Obtain a Certificate of Divorce

Finally, if you plan to remarry, you will need to obtain a Certificate of Divorce. This certificate costs $24.

How a Divorce Application Preparation Expert Can Help

Navigating the DIY divorce process in Ontario can be daunting, especially if you're unfamiliar with the legal system. A Divorce Application Preparation Expert can provide valuable assistance:

Guidance on Forms: They can help you understand and accurately complete all required forms, ensuring everything is noticed and correctly filled out.

Process Serving Assistance: They can coordinate with professional process servers to ensure your spouse is properly served and avoid any legal complications.

Cost-Effective Support: By assisting with the paperwork and filing process, a Divorce Application Preparation Expert helps you avoid common mistakes that could result in additional costs or delays.

Peace of Mind: Knowing that an expert is guiding you through the process can reduce stress and give you confidence that everything is handled correctly.

Final Thoughts

Pursuing a DIY divorce in Ontario can be a practical and cost-effective solution for couples who agree on all aspects of their separation. However, it's crucial to approach this process with care and attention to detail to ensure that all legal requirements are met and the divorce is finalized without complications. A Divorce Application Preparation Expert can provide invaluable support, helping you navigate the complexities of the paperwork and ensuring that your divorce process is as smooth as possible.

At Naked Divorce

At The Smart Divorce, we understand that deciding to end a marriage is complicated and often overwhelming. If you're considering a DIY divorce in Ontario, we're here to help. Our Divorce Application Preparation Experts offer comprehensive guidance and support throughout the process, ensuring you have all the resources you need to move forward confidently.

If you're ready to start the process or need more information, we invite you to schedule a Complementary Get-Acquainted Call with us today. This call is an opportunity for you to discuss your situation with one of our experts, who can provide initial guidance and answer any questions you may have. Let us help you navigate your next steps with clarity and ease.

Summary of Key Takeaways

• A DIY divorce is suitable for couples in Ontario with no contested issues.
• You must have lived separately for at least one year before filing for divorce.
• A copy of your marriage certificate is required to start the divorce process.
• Necessary forms include a Continuing Record Cover Sheet, Form 8, and more, all available online.
• The court fee for filing a divorce application is $212, but a fee waiver is available if needed.
• A third party must serve your spouse; self-service is not permitted.
• If your spouse does not contest, complete Form 36 and Form 25A to finalize the divorce.
• An additional court fee of $420 applies for reviewing completed documents.
• Once your divorce is finalized, you will need to obtain a Certificate of Divorce if you plan to remarry. This certificate, which costs $24, is a legal document that proves your divorce is official. You can apply for this certificate through the court where your divorce was granted.
• A Divorce Application Preparation Expert can help with form completion, process serving, and reduce stress.
• The Smart Divorce supports those considering a DIY divorce in Ontario, offering guidance and expert assistance.