How to File for Divorce in Canada (2025 Guide)

How to File for Divorce in Canada (2025 Guide)

Planning to divorce in Canada? Here's a simplified, step-by-step explanation of how the process works under Canadian law.

✅ 1. Eligibility to File

You can file for divorce in Canada if:

• You are legally married, and

• You or your spouse has lived in a Canadian province/territory for at least 1 year immediately before filing, and

• Your marriage has broken down (based on grounds below).

✅ 2. Grounds for Divorce

Under the Divorce Act, you can file based on:

• Separation for 1 year (most common)

• Adultery

• Cruelty (mental or physical)

You can file immediately for adultery or cruelty. For separation, you must live apart for at least 12 months.

✅ 3. Choose the Type of Divorce

Uncontested Divorce: Both spouses agree on divorce and all related issues (faster and simpler)

Contested Divorce: Disagreement on matters like child custody, support, or property (may go to court)

✅ 4. Prepare the Divorce Forms

You’ll need to complete:

• Divorce Application or Petition

• Financial Statement (if claiming support or dividing property)

• Parenting Plan and Child Support Guidelines Form (if you have kids)

• Forms vary by province, but all follow the federal Divorce Act.

✅ 5. File the Application

File your completed documents in the Superior Court or Provincial Court of the province you reside in. You’ll pay a filing fee (usually CAD $150–$250).

✅ 6. Serve the Other Spouse

If filing solo (called a sole divorce), you must serve your spouse with the court-stamped papers. This can be done by:

• Process server

• Adult friend (not yourself)

• Registered mail with proof of delivery

✅ 7. Wait for a Response

Your spouse has 30 days (if served in Canada) or 60 days (if abroad) to respond. If they don’t respond, you can request a divorce order by default.

✅ 8. Finalize the Divorce

If uncontested: A judge reviews your documents. If everything is in order, you get a Divorce Order.

If contested: You may need to attend court hearings or mediation.

✅ 9. Get Your Divorce Certificate

You can request a Certificate of Divorce about 31 days after the Divorce Order is granted. This document proves you’re legally divorced and free to remarry.

✅ After Divorce

Update your legal documents

Follow child custody and support orders

Consider estate and name change updates

Note: Divorce in Canada is governed by the federal Divorce Act, but property division and procedure details depend on the province (e.g., Ontario, British Columbia, Alberta, etc.).