Process For a Joint Divorce in Ontario

First, you place your order through the web site and then complete an online divorce intake form.

Track “A”: The following applies if you have already been separated for a full year*:   (*Except for divorces filed in London and Kingston. See below.)  

  1. You complete the online process to start your file.
  2. We will e-mail the completed forms to you within two business days. We will then make arrangements for you and your spouse to (A) sign the forms digitally (online) then (B) swear the required Affidavit for Divorce through video conference (we use Zoom – all you need is a smart phone to do this).
  3. ezDivorce files the paperwork with court for you. The court’s mandatory filing fee of $669 is paid at this time.
  4. Final Divorce Order: At this point, you are waiting for the court to grant the divorce and send out the signed final divorce order. This can take from 2 to 6 months or more – depending on the court where your divorce is filed (which depends on where you live). Your divorce takes effect 31 days after the judge grants it. If you are planning to re-marry, you should not make any plans for the wedding until you have the signed, final divorce order in your hands.
  5. Divorce Certificate: The court does not send you a divorce certificate unless you request one and pay $25 for it once the divorce is final. You cannot request or pay for a divorce certificate in advance. You are not required to get a divorce certificate except when you want to get married again.

*For joint divorces filed in London or Kingston, the Application is filed first. The affidavits for divorce are sworn and filed a few weeks later.

Track “B”: The following applies if you have NOT yet been separated for a full year:

  1. We will e-mail the initial completed forms to you within two business days.

  2. ezDivorce files the Application for Divorce with the court for you. The court’s first mandatory fee of $224 is paid at this time.

  3. The next step, once you have been separated for a full year, will be for each spouse to swear the required affidavit for divorce through video conference (we use Zoom – all you need is a smart phone to do this). 

  4. ‘Set-Down’ the divorce: The second and final of the two required court filings is referred to as the ‘set-down’. The court’s final mandatory fee of $445 is paid at this time.

  5. After your divorce is ‘set-down’, you are waiting for a judge to review the papers and grant the divorce. This can take from a few weeks to 6 months or more – depending on the court where your divorce is filed (which depends on where you live). 

  6. Your divorce takes effect 31 days after the judge grants it (noted as the ‘Date of Order’ in the left margin of the final divorce order). If you are planning to re-marry, you should not make any plans for the wedding until you have the signed, final divorce order in your hands.

  7. Divorce Certificate: The court does not send you a divorce certificate unless you request one and pay $25 for it once the divorce is final. You cannot request or pay for a divorce certificate in advance. You are not required to get a divorce certificate except when you want to get married again.