Essential Steps to Take When Preparing for Divorce in Ontario
- Ryan Clarke, LL.B.
- Apr 14
- 4 min read
Starting a divorce application can feel overwhelming, but it’s often much more straightforward than people expect once you understand the basics.
Let’s clearly break it down.
The Legal Starting Point: Why a Divorce Is Granted
In Ontario (and across Canada), there is only one legal ground for divorce:
→ Breakdown of the marriage
This can be established in one of three ways:
Living separate and apart for at least one year (most common)
Adultery
Cruelty (physical or mental)
In practice, the one-year separation ground is by far the most widely used—it’s simpler and does not require proving fault.
The Three Common Pathways to Divorce
Before gathering documents, it helps to understand how your divorce might proceed. Most people fall into one of these three pathways:
Simple Divorce Application (Uncontested): You are asking for a divorce only, with no other issues (like parenting, support, or property) being decided by the court.
Joint Divorce Application: Both spouses apply together, typically when everything has already been agreed upon.
General Application (with Other Claims): You are addressing additional issues, such as parenting arrangements, child support, spousal support, or property division, either at the same time or through ongoing proceedings.
Additional starting points include filing a motion for temporary or urgent orders, as well as registering a domestic contract (e.g., a separation agreement) for enforcement of support.
The Forms: Form 8A vs. Form 8
One of the most common points of confusion is which application form to use. The answer depends entirely on what you’re asking the court to decide.
Form 8A: Application (Divorce)
Used when you are asking for a divorce only.
This applies to:
Simple (uncontested) divorce applications
Joint divorce applications
Situations where all other issues have already been resolved
If there are no additional claims being decided by the court, Form 8A is typically the correct form.
Form 8: Application (General)
Used when you are asking for more than just a divorce.
This includes situations where you are also dealing with:
Parenting arrangements
Child support
Spousal support
Property / equalization
Any other family law claims
If your matter is more complex or unresolved, Form 8 is often the starting point.
A Simple Way to Think About It
Form 8A → “I just need the divorce.”
Form 8 → “I need the court to decide multiple issues.”
What You’ll Need: Divorce Application Checklist
1. Key Documents
Start with the essentials. If you have them, great—if not, many can be obtained or addressed later.
Marriage certificate (or court approved explanation for its' absence)
Any separation agreement (if applicable)
Existing court orders or endorsements
Ongoing court documents (if applicable)
If you need to order your marriage certificate in Ontario, you’ll typically need:
Full names of both spouses
Dates of birth
Date of marriage
Location of the marriage (within Ontario)
2. Marriage Details
These must match your official records exactly.
Full legal names (as shown on the marriage certificate)
Date of marriage
Place of marriage (within or outside of Ontario)
Date of separation
Whether you briefly reconciled after separating (and when)
Important note: The separation date may affect property valuation and support in court proceedings. Some considerations that may factor into determining the date of separation include: 1) the date that you lived separate and apart with no chance of resuming the relationship; 2) date at least one spouse formed the intent to separate; and 3) date you ceased living as a single economic and social unit. If you need advice, book a fixed-fee initial consultation to discuss how this date may impact your family law matter.
3. Contact Information
The court needs a clear record of where both parties can be located.
Your current address
Your spouse’s last known address
Any previous shared addresses during the marriage (if relevant)
4. Children of the Marriage (if applicable)
If you have dependent children and/or other dependents, additional details are required to ensure their best interests are addressed for each child or dependent.
For each child:
Full legal name
Date of birth
Current living arrangements
Parenting schedule (if one exists)
Any existing parenting orders or agreements
You’ll also need to confirm that reasonable financial arrangements have been made for the children/dependents, as required under the Divorce Act.
5. Court Proceedings
This helps determine how your divorce application fits into any broader legal context.
Has either party started a family court case?
Are there existing court orders (parenting, support, property)?
Are any issues still ongoing before the court?
6. Divorce Details
This is the core legal information required for your application.
Confirmation that the marriage has broken down
Confirmation of one-year separation (if using that ground)
Whether you are proceeding with:
A simple divorce, or
A divorce alongside other claims
A Practical Note
If you’re missing something, especially a marriage certificate, don’t get stuck.
These gaps can almost always be addressed during the preparation process.
If there issues in your case that are being contested, it is especially important to ensure that you have an organized record of key facts that will be used throughout your proceedings.
Final Thought
Most people assume divorce starts with paperwork.
In reality, it starts with clarity—understanding your situation, your options, and what path makes the most sense for you.
Once that’s clear, the paperwork becomes a lot more manageable.
If you need support, have reviewed our limited scope services and feel like we can help, fill out our initial consultation form and a member of the team will be in touch.
Ryan Clarke, LL.B. Family Law Lawyer LAWra Family Law – fixed-fee options, empowering solutions
This blog does not constitute legal advice and is intended for information purposes only. Always seek Independent Legal Advice (ILA) for your situation. Every case is unique.
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