How Much Does a Divorce Cost in Ontario? Uncontested vs Contested (2026)

A simple or joint uncontested divorce in Ontario costs $669 in government fees if you do the paperwork yourself, plus $25 for a certificate of divorce ^{[1] [4]}. With a lawyer, Canadian Lawyer's 2021 Legal Fees Survey reported an average Ontario fee of about $1,439 for an uncontested divorce and $23,278 for a contested one, before HST and disbursements ^[12]. The single biggest cost factor is whether you and your spouse agree on parenting, support and property.

This guide covers Ontario court fees, what lawyers have reported charging, how mediation and limited-scope help fit in, and the step-by-step process for an uncontested divorce. All figures are as of November 2026. It is general information, not legal advice.

How much does a divorce cost in Ontario?

The total depends on three things: the court fees, whether you hire a lawyer (and for how much of the work), and how much you and your spouse disagree. The table below brings together published figures from primary and survey sources.

Lawyer fee averages are reported by responding firms, before HST and disbursements, and individual quotes vary widely. Legal fees in Ontario attract 13% HST ^[16].

Have lawyer fees changed since 2021?

Canadian Lawyer's most recent fee report, based on a survey of 347 firms conducted in April and May 2024, found that 64% of firms planned to raise their fees compared with 2023 ^[13]. The same report found that contested divorce was the only family fee type to fall across all firm sizes, with a 33% decrease for all firms, while one-to-four-lawyer firms reported a 45% increase in family law fees overall ^[13]. Treat the 2021 figures as reported benchmarks, not quotes, and ask for a written estimate. Our guide to how much a lawyer costs in Canada explains billing models in more detail.

What is the difference between an uncontested and a contested divorce?

An uncontested divorce is one where the spouses are not fighting over the divorce itself, and any issues such as parenting, support or property are either already settled (for example, in a separation agreement) or not being asked of the court. Legal Aid Ontario describes a simple divorce as one where both spouses agree to divorce, and a contested divorce as one with disagreements over issues such as parenting, support or division of assets ^[4].

Ontario offers two uncontested routes, both started on Form 8A: Application (Divorce) [3]:

• Simple divorce. One spouse applies alone for a divorce only. The other spouse does not have to sign anything, but must be formally served ^{[3] [4]}. You cannot ask for support, parenting or property orders in a simple application ^[15].
• Joint divorce. Both spouses sign one application. No service is needed because there is no respondent, and you can include agreed orders on support, decision-making responsibility and parenting time ^{[3] [15]}.

A contested divorce goes through the full family court process. Disputed claims for support, parenting or property require additional forms, such as financial statements, and court steps such as conferences and, sometimes, a trial. Every extra step adds lawyer time, which is why the average reported cost jumps from four figures to well over $20,000 ^[12].

Who can get a divorce in Ontario?

The rules for divorce come from the federal Divorce Act, while Ontario sets the court procedure. To apply in Ontario:

• Residency. A court in a province can hear a divorce if either spouse has been ordinarily resident in that province for at least one year immediately before the proceeding starts ^[2].
• Breakdown of the marriage. Most Ontario divorces rely on separation. The Act requires that the spouses have lived separate and apart for at least one year immediately before the divorce is decided. Living together again for up to 90 days to try to reconcile does not interrupt that period ^[2].
• Arrangements for children. The court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage, and can hold off granting the divorce until they are ^{[2] [8]}.
• Marriage certificate. You need your original marriage certificate, or a certified copy. A certificate not in English or French needs a certified translation ^{[4] [15]}.

How do you get an uncontested divorce in Ontario, step by step?

Here is the usual sequence for a simple or joint divorce:

1. Confirm you qualify. Check the one-year separation and Ontario residency rules above, and that child support arrangements are in place ^{[2] [15]}.
2. Choose simple or joint. Joint is usually faster because there is no service step and no waiting period for a response ^[3].
3. Get your marriage certificate. File the original or a certified copy; if you cannot get one, you must explain why in your affidavit ^{[4] [5]}.
4. Fill out Form 8A. For a joint divorce, one spouse completes it and both sign it ^[5]. The free Steps to Justice guided pathway, run by CLEO, can generate Form 8A from your answers ^[15].
5. Prepare Form 36 and Form 25A. Form 36 is the Affidavit for Divorce. In a joint divorce, each spouse completes and swears their own. Form 25A is the draft Divorce Order and must be typed, not handwritten ^{[3] [5]}. Affidavits must be sworn before a commissioner for taking affidavits; commissioners at family courts do this for free ^[5].
6. File and pay. File online or at the courthouse, paying the $214 filing fee and the $10 federal registry fee ^{[1] [4]}. In a joint divorce you file everything together and pay the $445 fee at the same time ^{[1] [6]}.
7. Serve your spouse (simple divorce only). An adult other than you must serve the application by special service. Your spouse then has 30 days to respond if served in Canada or the US, or 60 days if served elsewhere. File Form 6B: Affidavit of Service as proof ^[3].
8. Ask for the divorce (simple divorce only). If your spouse does not contest, file your Form 36 and Form 25A and pay the $445 fee to have a judge review the file ^{[1] [4]}.
9. Wait for the judge's decision. The judge usually decides on the paperwork, without a hearing. The court must first receive a clearance certificate from the federal Department of Justice ^{[5] [7]}. Steps to Justice says the whole process usually takes about three months, depending on the court and any problems with the paperwork ^[7].
10. Divorce takes effect. Under the Divorce Act, a divorce takes effect on the 31st day after the judgment ^[2]. You can then order a certificate of divorce for $25 online, in person or by mail ^[9].

Can you file for divorce online in Ontario?

Yes. Ontario's family court fees page says that since October 14, 2025, online filing has gone through different portals depending on location: the Ontario Courts Public Portal for Toronto, and Justice Services Online outside Toronto ^[1]. Steps to Justice describes filing a joint divorce online as taking about 30 minutes, with documents uploaded as PDFs and fees paid by Visa, Mastercard or Interac debit. Filings made on business days between 8:30 a.m. and 5:00 p.m. receive a same-day email with the issued application and court file number ^[6]. Keep your own copies, because you cannot view submitted documents online later ^[6].

Is a DIY divorce in Ontario a good idea?

For many couples with no children and no shared property in dispute, a do-it-yourself simple or joint divorce is realistic. The forms are public, the guided pathway is free, and the total outlay can be under $700 ^{[1] [15]}. Family Law Information Centres at Ontario family courts offer free information and referrals, and Legal Aid Ontario duty counsel can review court forms, usually on the day of your proceeding ^[11].

DIY carries more risk when you have children, support obligations, a pension or a house. A divorce order does not divide property for you, and claims have deadlines: Steps to Justice notes that a property division claim generally must be made within six years of separation or two years after the divorce ^[8]. Paperwork errors can also send forms back and add months. It is worth getting at least one consultation with a family lawyer before you file if anything beyond the divorce itself is unresolved.

What makes a divorce more expensive in Ontario?

The cost rises with every issue the spouses cannot settle on their own:

• Child and spousal support. Support claims require detailed financial disclosure, such as Form 13 or Form 13.1 financial statements ^[5], and disputes over income can require expert evidence.
• Property and equalization. Valuing a home, a business or a pension and calculating what each spouse owes the other takes time, and the more assets there are, the more it costs.
• Parenting disputes. Disagreements over decision-making responsibility and parenting time are often the most hard-fought and can involve assessments, motions and trial.
• Court steps. Each conference, motion or trial day adds preparation and attendance time. The 2021 survey's Ontario average for a family trial of up to five days was $51,950 ^[12].
• The other side's approach. A spouse who delays disclosure or refuses to negotiate can raise your costs even if your own position is simple.

How much does divorce mediation or collaborative law cost in Ontario?

Mediation uses a neutral third party to help you reach your own agreement, which a lawyer can then turn into a separation agreement or consent order. Ontario funds court-connected mediation services. On-site mediation is free for parties on the day their matter is scheduled in court. Off-site mediation is charged on a sliding scale: someone earning under $60,000 a year pays between $5 and $105 an hour, depending on how many dependants they support, and providers can reduce or waive fees ^[10]. Private mediators set their own rates, and the number of sessions depends on the issues, the level of conflict and how well the spouses communicate ^[10].

Collaborative family law is another out-of-court option in which each spouse has a lawyer and everyone commits to settling without going to court. It usually costs more than mediation alone, because two lawyers are involved, but far less than litigation if it succeeds. Ask any lawyer you consult whether they offer mediation, collaborative practice or both, and how they bill for them.

Can you get legal aid or limited-scope help for a divorce in Ontario?

Legal aid. Legal Aid Ontario has its own financial eligibility rules for family certificates, which change from time to time, so check its website or call before you assume you do or do not qualify. Even if you are not eligible for a certificate, Family Law Information Centres at family courthouses offer free information coordinators and referrals, and Legal Aid Ontario duty counsel can explain the law, suggest next steps and review your forms, although they cannot represent you in court ^[11].

Fee waivers. If you cannot afford court fees, you can apply for a fee waiver. If granted, it generally covers most court fees from that point on ^{[1] [6]}.

Limited-scope retainers. Ontario lawyers may agree to handle only part of your matter, such as reviewing a separation agreement, drafting your Form 25A or coaching you before a conference. Under the Law Society of Ontario's rules, the lawyer must explain honestly what they can and cannot do within the retainer and confirm the services in writing ^[14]. Paying for specific tasks can cost far less than full representation.

How can you keep the cost of a divorce down?

• Settle what you can before you file. A written separation agreement turns a potentially contested case into an uncontested one.
• Choose joint over simple where possible. It removes the service step and the response period ^[3].
• Use free resources first. Steps to Justice, Family Law Information Centres and on-site mediation cost nothing ^{[10] [11] [15]}.
• Get organized. Gather your marriage certificate, financial records and any existing agreements before you meet a lawyer, so you are not paying for time spent chasing documents.
• Ask for a flat fee. Many lawyers quote uncontested divorces as a flat fee. Confirm what is included, including court fees, HST and the certificate of divorce.
• Compare quotes. Talk to two or three family lawyers. You can browse family lawyers in Ontario, or start with Toronto family lawyers or Ottawa family lawyers. Our guide to finding a lawyer in Canada has a checklist of questions to ask.

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