Cost of Uncontested (Simple) Divorce in Ontario

In Ontario, the costs related to divorce can differ greatly based on the circumstances. A simple or uncontested divorce generally falls within a range of $2,500 to $10,000, including legal fees. Contested divorces, which involve more complexities, can become much more expensive. Typical expenses involve court fees, document preparation costs, and fees for legal representation. 

Court and Filing Fees

In Ontario, there are specific fees associated with filing for divorce through the court system.

As of March 2024, Initiating a simple divorce in Ontario involves a basic fee of $669. This fee is standard for starting the legal process and can be paid using cash, cheque, or money order addressed to the Minister of Finance. 

The fee is payable in two installments: 

  • $224 due at the time of filing the Divorce Application
  • $445 due at the time of setting a court date for your hearing

 

Fee Waiver Options

Individuals unable to afford court fees can apply for a waiver. This involves submitting a Fee Waiver Request Form to possibly have the fees reduced or removed. The court will only approve your waiver if you meet certain requirements when it comes to your income and other financial matters. If your financial situation changes, you can request a fee waiver again. There is no cost to apply for a fee waiver.

If you don’t qualify for a fee waiver but cannot afford court fees, you can also request the court to have a judge review your financial situation.

 

Legal Fees

In Ontario, the expenses related to a simple divorce can vary, legal fees for divorce vary based on factors such as case complexity, the lawyer’s experience, location, and the services required. However, simple and uncontested divorces generally come with lower legal representation fees due to the being a standardized and streamlined process.

Lawyers may charge either by hourly rate or flat fee. Additional costs may arise depending on unique circumstances, for example: 

  • If the serving spouse resides outside of Ontario (Additional process server fees)
  • Spouse cannot be located (filing motion to serve via email)
  • Unexpected amendments to agreements (potential mediation)

On average in Ontario the cost for legal representation varies from $999 to $2,400 for a simple divorce. 

Most lawyers and firms will outline in advance the specific services their fees cover, ensuring there are no unexpected surprises.

 

Frequently Asked Questions

How to File for Divorce in Ontario Without a Lawyer?

If an individual opts to file for divorce independently, they can follow these steps:

  1. Ensure Eligibility: Confirm that they meet the residency requirements and that a separation period of at least one year has been observed.
  2. Prepare Forms: Obtain and accurately complete the necessary divorce forms.
  3. Submit Forms: File the completed documents with the local court and pay the associated fees. Court fee waivers can be sought if necessary.
  4. Serve Documents: Serve the divorce papers to the other party involved.

Wait for Processing: Await confirmation and processing from the court.

What are the most affordable ways to get a divorce in Ontario?

The most affordable way to get a divorce in Ontario is through an uncontested divorce, as it involves fewer legal disputes and streamlined procedures. While handling the process yourself using online resources or seeking guidance from courthouses and legal aid clinics can help reduce upfront costs, hiring a lawyer can be a wise investment. A lawyer ensures that all paperwork is completed correctly, avoids costly errors or delays, and provides expert advice to protect your interests. In the long run, this can save you money by preventing complications that might arise from mistakes or overlooked details.