These forms cover everything from the initial application for divorce to legally finalizing your marriage with a divorce order and certificate. These documents can all be accessed online, helping you streamline the process for your divorce.

 

Simple Divorce Forms

A simple divorce is filed by one party and focuses only on ending the marriage, without addressing other issues like child custody or property division.

• Form 8A: Application (Divorce): Initial application for divorce.
• Form 6B: Affidavit of Service: Proof of service of documents to the respondent.
• Form 36: Affidavit for Divorce: Supporting facts for the request for divorce.
• Form 25A: Divorce Order: Proposed final divorce order for the judge to sign.
• Registration of Divorce Proceedings (Federal form): Ensures no duplicate divorce proceedings.

 

Uncontested Divorce Forms

In Ontario, those seeking a simple and quick resolution often opt for an uncontested divorce.

For many, an uncontested divorce provides a straightforward pathway to legal separation without the complexities of a contested divorce. This type of divorce is ideal when both parties agree on all major issues, such as child custody, division of property, and spousal support. It allows them to avoid the stress and cost of court battles.

• Form 8A: Application (Divorce): Joint application for divorce.
• Form 36: Affidavit for Divorce: Sworn document attesting to the facts supporting your request for a divorce.
• Form 25A: Divorce Order: Proposed order for the court to finalize the divorce.
• Form 6B: Affidavit of Service: Proof that all documents have been properly served on the other party.
• Form 36B: Affidavit of Default of Defence: If the other party did not respond to the claim for divorce.

 

Contested Divorce Forms

To address these contested aspects, individuals must use specific divorce forms tailored to their unique situations under Ontario’s family law regulations. This ensures that the legal requirements are met and the court considers all relevant issues, like property division or child custody.

• Form 8: Application (General): This form starts the divorce process.
• Form 6B: Affidavit of Service: Proof that the respondent (your spouse) has been served with the divorce documents.
• Form 10: Answer: The respondent (your spouse) will use this form to respond to your claims and make any counterclaims. This form is necessary if your spouse is contesting any issues.
• Form 13: Financial Statement (Support Claims): This is required if the applicant or respondent is seeking child or spousal support. It outlines income, expenses, assets, and liabilities.
• Form 13.1: Financial Statement (Property and Support Claims): This is needed if there are claims related to property division, in addition to support claims.
• Form 35.1: Affidavit in Support of Claim for Custody or Access: This form is required if either party is seeking custody or access to the children. It outlines the parenting plan and arrangements.
• Form 25A: Divorce Order : This form is used for any court orders resulting from the contested proceedings. It reflects the judge’s decisions on the issues in dispute.

Form 8A: Application

The main form for this process is Form 8A: Application for divorce. Most importantly with any of these forms, it’s important to fill these forms accurately to avoid any delays. The form includes details about the marriage, grounds for the divorce, and any arrangements related to children or finances.

Applicants should ensure the form is clear and precise, using additional sheets if necessary. Both parties should check it thoroughly before signing to confirm that all information is correct if filing as a joint divorce.

View PDF for Form 8A: Application

 

Form 6B: Affidavit of Service

Form 6B: Affidavit of Service is used to provide sworn evidence that legal documents, such as divorce applications or other court documents, have been properly delivered (served) to the opposing party (respondent) in a family law proceeding. The person who served the documents (the server) must complete and file this form with the court to verify that the respondent was notified of the proceedings and has received all necessary documents.

View PDF for Form 6B: Affidavit of Service

 

Form 10: Answer

Form 10: Answer is used by the respondent (the person who has been served with a court application) to formally respond to the claims made in the Application (Form 8) in family law cases, including divorce proceedings. This form allows the respondent to either agree with or dispute the claims made by the applicant (the person initiating the case) and make any counterclaims they may have regarding matters such as spousal support, child custody, access, child support, and the division of property. 

View PDF for Form 10: Answer 

 

Form 13: Financial Statement (Support Claims)

Form 13: Financial Statement (Support Claims) is used in Ontario family law cases where a party is making or responding to claims for child support or spousal support. This form provides the court with detailed financial information about the party’s income, expenses, and financial obligations, ensuring transparency in support-related decisions.

The court relies on this form to determine the appropriate amount of support, based on each party’s financial situation.

View PDF for Form 13: Financial Statement 

 

Form 13.1: Financial Statement (Property and Support Claims)

Form 13.1: Financial Statement (Property and Support Claims) is used in Ontario family law cases where a party is making or responding to claims that involve both property division (assets and liabilities) and support (child support or spousal support). This form provides the court with a detailed overview of the party’s financial situation, including income, expenses, assets, debts, and property ownership.

View PDF for Form 13.1: Financial Statement 

 

Form 25A: Divorce Order

Form 25A: Divorce Order is used in Ontario family law to request a final divorce order from the court. This form formalizes the court’s decision to grant a divorce, effectively ending the marriage. The Divorce Order becomes an official court document once it is signed by a judge, and it legally dissolves the marriage between the spouses. This form is filed when all issues related to the divorce (such as child custody, support, and property division) have been resolved or agreed upon.

Once the Divorce Order is issued, it takes effect 31 days later, at which point the parties are officially divorced, and they can request a Certificate of Divorce.

View PDF for Form 25A: Divorce Order 

 

Form 35.1: Affidavit in Support of Claim for Custody or Access

Form 35.1: Affidavit in Support of Claim for Custody or Access is used in Ontario family law by a party making a claim for custody or access to a child. This affidavit provides detailed, sworn information about the child’s care, the party’s relationship with the child, and the proposed parenting plan. It is designed to assist the court in determining what arrangement is in the best interests of the child.

This form is required whenever a party seeks a court order for custody or access, as it provides critical information regarding the child’s well-being, living arrangements, and the applicant’s ability to care for the child.

View PDF for Form 35.1: Affidavit in Support of Claim for Custody or Access 

 

Form 36: Affidavit for Divorce

Form 36 confirms the details provided in the application and supports the reasons for divorce stated therein. You must have two completed individual forms for each spouse. The document must be sworn or affirmed before a commissioner for taking affidavits. The affidavit ensures that all facts are true to the best of the applicant’s knowledge. The supporting documents might include child or spousal support orders, if applicable, and any agreements reached between the parties. This step is vital to confirm all parties are aware and agreeable to the terms.

View PDF for Form 36: Affidavit for Divorce