How to File for Divorce Without a Lawyer in Toronto, ON

You're sitting at High Park at midnight, googling "file for divorce myself Ontario." Here's the reality: Ontario has expensive filing fees ($632 CAD—one of the highest in Canada), but if you and your spouse agree on everything, you can handle this yourself.

Total cost: $682-$782 CAD. Time: 6-12 weeks after filing (but you must be separated 1 year before you can even file).

The 1-year separation requirement is frustrating, but once you can file, the DIY process is straightforward.

Can You DIY?

About 40% of people who start DIY in Toronto finish without hiring a lawyer. That's a good success rate—better than many places.

DIY works when:

• You've been separated at least 1 year

• You agree on everything (property, support, custody)

• Both willing to cooperate

• Relatively straightforward assets

• No business ownership or professional practice

• You're comfortable with paperwork

DIY doesn't work when:

• Your spouse won't cooperate or disagrees on major issues

• Can't agree on dividing Toronto's expensive real estate

• Business ownership or partnership interests

• Complex assets (stock options, executive compensation)

• Big income gap and spousal support is disputed

• Any domestic violence (you need legal protection)

• Spouse is hiding money or assets

The reality in Toronto: average home price is $1.4M. Many couples are dual-income professionals with complex finances. If your situation is straightforward, DIY works. If you own a Rosedale house worth $2.5M or have Bay Street stock options, consider at least paying a lawyer to review your agreement ($1,200-$2,000 for 4 hours).

What It Costs (All Prices in CAD)

Ontario Superior Court filing fee: $632

This is expensive. One of the highest filing fees in Canada. Only one spouse pays this to file the Application for Divorce.

Pay at Ontario Superior Court of Justice, 361 University Avenue, downtown Toronto. They take debit cards, credit cards, cash, certified cheque, or money order.

Can't afford it? You can request a fee waiver, but it's rarely granted. You need to demonstrate genuine financial hardship.

Getting your spouse served: $50-$150

Ontario requires proper service of divorce documents. Your options:

• Process server: $100-$150 (most reliable, professional service)

• Registered mail: $50-$75 (Canada Post, requires signature, only if spouse cooperates)

• Personal service by adult: $0 (any adult over 18 who's not a party can serve)

Most people use a professional process server ($100-$150) for reliability and proper documentation.

Total DIY cost: $682-$782 CAD

That's expensive for DIY (about $500-$575 USD). But compare to:

• Online divorce service: $1,131-$2,414 CAD

• Uncontested lawyer: $3,000-$7,000 CAD

• Contested lawyer: $12,000-$30,000+ CAD per person

Even with the expensive filing fee, DIY still saves you thousands.

The 1-Year Separation Requirement

This is the most frustrating part of Canadian divorce law. You must be separated for at least 1 year before you can file for divorce (unless you're claiming adultery or cruelty as grounds, which most people don't).

What counts as separation?

• Living in separate homes (most common)

• Living in the same house but "living separate lives" (harder to prove—requires separate bedrooms, no shared meals, no intimacy, separate finances)

The 1-year period must be continuous. If you reconcile for more than 90 days, the clock resets.

Timeline:

• Day 1: Separate (move out or establish separate lives in same home)

• Day 365: Earliest you can file for divorce

• Days 365-407: Prepare Application, file, serve

• Days 407-497: Wait 30 days for spouse's Answer, then request Divorce Order

• Day 497: Receive Divorce Order (if uncontested)

Total: About 13-14 months from separation to finalized divorce.

The 1-year wait is mandatory. Everyone in Canada deals with it. Use this time to:

• Create a detailed Separation Agreement

• Divide property and debts

• Establish custody and parenting schedule

• Calculate child and spousal support

• Organize all financial documents

By the time you can file, you should have everything agreed and documented.

DIY vs. Online Service vs. Lawyer

DIY ($682-$782):

• You do all work yourself

• Download free forms from Ontario courts website

• Fill everything out accurately

• File and manage entire process

• Best if: Comfortable with legal paperwork, organized, agree on everything

Online divorce service ($1,131-$2,414):

• Canadian services like DIY Legal, Divorce Mate, or similar

• Online interview generates your Ontario forms

• They prepare all paperwork

• You still file and manage yourself

• Best if: Need help with forms but agree on everything

Uncontested lawyer ($3,000-$7,000):

• Lawyer does everything

• You just show up when needed

• Best if: Can afford it, want professional handling

Contested lawyer ($12,000-$30,000+):

• Lawyer negotiates for you

• Best if: Spouse disagrees on major issues

Start with DIY. If you get stuck, you can always upgrade. The work you've done isn't wasted.

Step-by-Step: How to DIY Your Ontario Divorce

Step 1: Confirm You've Been Separated 1 Year

Calculate carefully. The separation date is when you or your spouse clearly communicated the intention to end the marriage and you began living separate lives.

If you separated November 1, 2024, the earliest you can file is November 1, 2025.

Document your separation date. Keep records (emails, texts, moving receipts, lease agreements if someone moved out).

Step 2: Confirm Ontario Jurisdiction

Either you or your spouse must have lived in Ontario for at least 1 year before filing. It doesn't matter who files—either spouse can do it.

If one of you moved to Ontario recently, wait until you meet the 1-year residency requirement.

Step 3: Gather Your Documents

Before touching any forms, collect everything:

Personal information:

• Marriage certificate (original or certified copy)

• Birth certificates (yours, spouse's, children's if applicable)

• Addresses for both spouses

• Social Insurance Numbers (both spouses)

Financial documents:

• Last 3 years' tax returns (T1 General, Notice of Assessment)

• Recent pay stubs (both spouses, last 3 months)

• T4 slips, T5 slips (investment income)

• Bank statements (all accounts, last 3 months)

• Investment account statements (RRSP, TFSA, non-registered)

• Pension statements (if applicable)

• Credit card statements

• Mortgage statements

• Car loan documents

• Any other debt documentation

Property information:

• Deed or Land Registry documents for house/condo

• Recent property assessment (MPAC notice)

• Recent comparable sales (realtor.ca for current market value)

• Vehicle registration (all vehicles)

• List of furniture and personal property (major items)

If you have kids:

• School records

• Medical records

• Childcare cost documentation

• Health insurance information (workplace benefits)

Toronto's expensive real estate means thorough documentation is critical. A $1.4M condo needs proper valuation.

This documentation takes most people 8-15 hours to gather completely. Do it right.

Step 4: Create a Separation Agreement

Before filing for divorce, create a comprehensive Separation Agreement. This isn't technically required, but it makes everything easier.

A Separation Agreement covers:

• Division of property (house, cars, investments, pensions)

• Division of debts (mortgage, credit cards, loans)

• Spousal support (amount and duration, if any)

• Child custody and parenting schedule (if applicable)

• Child support (if applicable)

• Any other financial matters

Ontario's property division rules (Family Law Act):

Ontario uses "equitable distribution," not automatic 50/50 like some places.

Matrimonial home: Usually splits 50/50 regardless of who owned it before marriage. This is Toronto's biggest asset for most couples ($1.4M average).

Other property: Calculate each spouse's "net family property":

• Assets on separation date minus debts on separation date

• Minus assets on marriage date (but not debts on marriage date)

• The spouse with higher net family property pays half the difference to the other spouse

Example: You married with $50k in assets. On separation, you have $800k in assets and $200k in debts ($600k net). Spouse has $500k assets and $100k debts ($400k net). You have $600k - $50k = $550k net family property. Spouse has $400k - $0 = $400k. Difference is $150k. You pay spouse $75k.

Matrimonial home complicates this: The matrimonial home is usually divided 50/50 separately, then you do net family property calculation for everything else.

Get this right. Toronto's expensive real estate makes mistakes costly. Consider paying a lawyer $1,200-$2,000 to review your math.

Step 5: Download Ontario Forms

Get forms from Ontario Court Forms website or the Family Law Section.

You need:

Simple divorce (no children, agree on everything):

• Form 8A: Application (Divorce)

• Form 36: Affidavit for Divorce

• Form 25A: Affidavit for Service

Divorce with children or property issues:

• Form 8: Application (General)

• Form 13.1: Financial Statement (Property and Support Claims)

• Form 36: Affidavit for Divorce

• Form 25A: Affidavit for Service

If your spouse will sign without contesting:

• Form 10: Answer (they file this agreeing)

• Consent form

Ontario provides detailed instructions with forms. Read them carefully.

Step 6: Fill Out the Application for Divorce

The Application (Form 8 or 8A) is your main document.

You must include:

• Your information and spouse's information

• Marriage date and place

• Separation date (critical—must be at least 1 year ago)

• Children's information (if applicable)

• Grounds for divorce (usually "separation for at least one year")

• What you're asking for (divorce, custody, support, property division)

Be accurate about:

• Separation date (must be truthful—this is under oath)

• Whether you're claiming support

• Property you're dividing

Ontario-specific requirements:

• You must state which spouse was "at fault" is NOT required—Ontario has pure no-fault divorce based on separation

• You can claim adultery or cruelty as grounds (shorter timeline) but most people don't

Step 7: Complete Financial Statement (Form 13.1)

If you're dealing with property division or support claims, you must complete a detailed Financial Statement.

This form requires:

• All income sources (employment, investments, rental property, etc.)

• All monthly expenses (detailed breakdown)

• All assets (with current values)

• All debts (with current balances)

Be thorough. Ontario courts take financial disclosure seriously. Hiding assets or income can result in serious penalties.

Toronto-specific considerations:

• Condo fees are significant ($600-$1,200/month typical)

• TTC costs or car expenses

• High Toronto rents if one spouse moved out ($2,000-$3,500/month typical)

• Property tax (annual, but calculate monthly)

Step 8: Calculate Child Support (If Applicable)

If you have children under 18, use the Federal Child Support Guidelines calculator (available online through Justice Canada).

Enter:

• Paying parent's annual gross income

• Number of children

• Province (Ontario)

• Custody arrangement (sole, shared, split)

The calculator determines monthly child support based on federal tables.

Toronto's high incomes mean high support amounts. Someone earning $150k pays about $2,100/month for two kids.

You cannot waive child support. It's the child's right, not the parents'.

Step 9: Calculate Spousal Support (If Applicable)

Spousal support is more complex than child support. Canada has Spousal Support Advisory Guidelines (not mandatory, but judges use them).

Generally:

• Consider length of marriage

• Income gap between spouses

• Standard of living during marriage

• Each spouse's ability to become self-sufficient

Typical amounts: 0.5% to 1% of gross income difference per year of marriage.

Typical duration: About 0.5 to 1 year of support per year of marriage (for marriages under 20 years).

Example: 10-year marriage, one spouse earns $120k, other earns $50k. Income gap is $70k. Support might be $2,000-$3,000/month for 5-10 years.

Many Toronto divorces involve spousal support given high incomes and stay-at-home parents.

Step 10: Create Parenting Plan (If Kids)

If you have children, create a detailed Parenting Plan (also called Custody and Access schedule).

Must specify:

• Physical custody: Where kids live, exact schedule

• Legal custody: Who makes major decisions (education, medical, religious)

• Weekly schedule: Specific days and times with each parent

• Holiday schedule: Every holiday, March break, summer vacation

• Special occasions: Birthdays, Mother's Day, Father's Day

• Transportation: Who drives for exchanges, where exchanges happen

• Communication: How parents communicate about kids

Ontario courts want detail. "Reasonable access" doesn't work.

Example: "Mother has children Monday 3pm through Wednesday 9am. Father has children Wednesday 9am through Friday 6pm. Parents alternate weekends Friday 6pm through Monday 3pm."

Step 11: File Your Application

Take completed forms to Ontario Superior Court of Justice, 361 University Avenue, downtown Toronto.

Bring:

• Original Application and all supporting documents

• 3 copies (one for court, one for you, one for spouse)

• $632 filing fee (debit, credit, cash, certified cheque, or money order)

• Photo ID

The clerk will:

• Review for completeness (not accuracy)

• Accept your $632 payment

• File-stamp your copies

• Give you a court file number

• Return copies to you

E-filing option: Some Toronto lawyers use e-filing, but DIY applicants typically file in person.

Step 12: Serve Your Spouse

You cannot serve the divorce papers yourself. Ontario requires service by someone else.

Option 1: Process Server ($100-$150) Most reliable. Professional process servers know exactly how to do proper service and complete the Affidavit of Service correctly.

Option 2: Personal Service by Adult ($0) Any adult over 18 who's not a party can hand-deliver the papers to your spouse and complete an Affidavit of Service.

Option 3: Registered Mail ($50-$75) Only works if spouse cooperates. Mail via Canada Post registered mail, signature required. Spouse must sign. You file the signed receipt.

Most people use process server ($100-$150) for reliability.

After service, the process server or person serving files an Affidavit of Service with the court proving service was completed.

Step 13: Wait for Answer (30 Days)

Your spouse has 30 days after being served to file an Answer.

If they agree: They file an Answer agreeing to everything, or they sign a Consent and don't file an Answer at all.

If they disagree: They file an Answer disputing some issues. Then you negotiate. If you can't agree, DIY is over—you need lawyers.

If they ignore it (default): After 30 days with no Answer, you can proceed by default.

Most Toronto divorces where both spouses participated in creating a Separation Agreement: spouse signs Consent or files agreeing Answer.

Step 14: Request Divorce Order

If uncontested (spouse agrees or doesn't respond), you can request the Divorce Order.

File:

• Form 36: Affidavit for Divorce (swearing all info is true)

• Draft Divorce Order

• Proof spouse was served

• Proof of waiting 30 days

Some Ontario judges require a brief hearing (5-10 minutes). Others grant divorce based on paperwork alone. Check local practice directions.

Step 15: Receive Divorce Order

The judge reviews everything and signs the Divorce Order.

The court mails certified copies to both spouses.

The divorce becomes effective 31 days after the Divorce Order is granted (this allows time for appeals).

Time from requesting Divorce Order to it becoming effective: 6-10 weeks typically.

Save your Divorce Order. You need it to:

• Change your name (if reverting to maiden name)

• Update benefits and pensions

• Update property ownership

• Remarry (if desired)

Common Toronto Complications

Expensive condos: Average downtown Toronto condo is $700k-$900k. If you bought before the market went crazy and it's now worth $1.2M, proper valuation is critical.

Houses in desirable neighbourhoods: Rosedale, Forest Hill, The Beaches—homes are $2M-$5M+. Get professional appraisal ($500-$800).

Multiple properties: Many Toronto couples own a rental property or cottage. Each needs valuation and division plan.

Defined benefit pensions: Common with government workers, teachers, hospital workers. Pensions are property that gets divided. Valuation is complex—consider paying pension valuator ($1,500-$3,000).

Stock options and RSUs: Common at Toronto tech companies and financial firms. Unvested options are tricky to value and divide.

Professional practices: Dentists, doctors, lawyers with partnership interests. Need formal business valuation ($10,000-$40,000).

When to Stop DIY and Hire Help

Stop DIY and hire a lawyer if:

• Spouse files Answer disputing major issues. You need negotiation help.

• You discover hidden assets or income. Forensic accountant and lawyer needed.

• Spouse hires a lawyer. You need one too. Don't face a lawyer alone.

• Property is complex. Multiple homes, business, complicated pensions—pay for expertise.

• You're overwhelmed. If you're making mistakes or don't understand something, hire help.

The $682-$782 you spent on DIY isn't wasted. A lawyer can use your work and finish it for less than starting from scratch.

The Bottom Line

DIY divorce in Toronto costs $682-$782 CAD and takes 6-12 weeks after filing (but you must be separated 1 year before filing).

Total timeline from separation to finalized divorce: about 13-14 months.

Toronto is Canada's most expensive divorce city. $632 filing fee, $1.4M average home, and high incomes make everything costly.

But 40% of DIY filers in Toronto finish without lawyers. If you agree on everything and have straightforward assets, you can do this.

If your Toronto home is worth $2M+, if you have complex pensions or stock options, or if you can't agree—consider at least paying a lawyer to review your agreement ($1,200-$2,000 for 4 hours).

You can do this. Ontario's Family Law Act provides clear rules. The 1-year separation requirement gives you time to organize. The court staff are helpful.

Be thorough. Read instructions. Get professional help on complex parts. You'll save thousands while protecting yourself legally.