ClickCease The Ultimate Guide to Divorce Forms in Ontario – SplitEasy

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The Ultimate Guide to
Divorce Forms in Ontario

Whether you're planning to separate or are going through a divorce - we understand the process can be complex and stressful, especially if you're not represented by a lawyer. That is why we’re dedicated to empowering separating spouses in Ontario by simplifying the hardest part of the process – preparing your divorce forms.

At SplitEasy, we’ve helped many customers figure out the right forms to help their situation, and compiled our experience into this Ultimate Guide. This guide describes the most common separation and divorce scenarios and specifies the forms you need for those situations.

The most common scenarios fall under the following categories:

Next, we go through the forms you need for each category. Then, we describe how SpiltEasy can save you time and hassle by preparing the divorce forms you need.

1. We’re separating and we agree on everything

Couples who agree on everything usually fall into one of the following categories:

a) You have no minor children, no assets to divide, and neither spouse is claiming support.

b) You have no minor children and agree on all issues related to property division and support.

c) You have minor children and agree on all issues of parenting, property division, and support.

Here are the forms you need for each of these situations:

a) You have no minor children, no assets to divide, and neither spouse is claiming support.

In this situation, the divorce process is relatively straightforward. You don’t need a Separation Agreement You can apply to a judge for a Divorce Order using the following forms:

  • Application For Divorce (Form 8A)

    Even if you agree on everything, a Joint Divorce Application can be complicated. Therefore, it’s recommended that one spouse serve and file an Application for Divorce to start the legal process.

  • Affidavit of Service (Form 6B)

    This divorce form proves to a judge that you’ve served the other spouse with the form you wish to file. You must serve and file this form every time you serve a divorce form on the other spouse.

  • Affidavit of Service (Form 6B)

    This divorce form gives a judge the information and evidence needed in order to grant you a Divorce Order. In it, you’ll provide basic information about you, your spouse, and your children, such as names, dates of birth, date of marriage, etc. You must also provide information about parenting, child support, spousal support, and property division. This form is served and filed after the Application for Divorce has been issued in court, served on the other spouse, and all issues have been resolved.

  • Divorce Order (Form 25A)

    The Divorce Order is the blank court order that a judge will sign if all of the requirements for divorce have been met. It’s prepared by the spouse seeking the Divorce Order. Once a judge signs the Divorce Order, it takes effect 30 days later.

  • Certificate of Divorce (Form 36B)

    You can apply for this after you get your Divorce Order. This certificate confirms the date that you and your spouse were legally divorced. You need it if you want to get married again.

Our legal professionals can prepare each of these forms for you, as needed. If you want all of the divorce forms prepared, you can order one of our Divorce Bundles.

b) You have no minor children and agree on all issues related to property division and support.

In this situation, a Separation Agreement isn’t mandatory but is strongly recommended. A Separation Agreement is a contract that finalizes all of the decisions related to property division and support. The only thing that a Separation Agreement does not do is dissolve a marriage. To legally end your marriage, you must apply to the judge for a Divorce Order. You can apply to a judge for a Divorce Order using the following forms:

  • Application For Divorce (Form 8A)

    Even if you agree on everything, a Joint Divorce Application can be complicated. Therefore, it’s recommended that one spouse serve and file an Application for Divorce to start the legal process.

  • Affidavit of Service (Form 6B)

    This divorce form proves to a judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

  • Affidavit for Divorce (Form 36)

    This form gives a judge the information and evidence needed to grant you a Divorce Order. In it, you’ll provide basic information about you, your spouse, and your children, such as names, dates of birth, date of marriage, etc. You must also provide information about parenting, child support, spousal support, and property division. This form is served and filed after the Application for Divorce has been issued in court, served on the other spouse, and all issues have been resolved.

  • Divorce Order (Form 25A)

    The Divorce Order is the blank court order that a judge will sign if all of the requirements for divorce have been met. It’s prepared by the spouse seeking the Divorce Order. Once a judge signs the Divorce Order, it takes effect 30 days later.

  • Certificate of Divorce (Form 36B)

    You can apply for this after you get your Divorce Order. This certificate confirms the date that you and your spouse were legally divorced. You need it if you want to get married again.

Our legal professionals can prepare each of these forms for you, as needed. If you want all of the divorce forms prepared, you can order one of our Divorce Bundles

c) You have minor children and agree on all issues of parenting, property division, and support.

If you have minor children, a judge will require that you prepare and sign a Separation Agreement that will detail your parenting and child support agreements before you can obtain a Divorce Order. Once the Separation Agreement is signed, to legally end your marriage, you must apply to a judge for a Divorce Order.

You can apply to a judge for a Divorce Order using the following forms:

  • Application For Divorce (Form 8A)

    Even if you agree on everything, a Joint Divorce Application can be complicated. Therefore, it’s recommended that one spouse serve and file an Application for Divorce to start the legal process.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a form on the other spouse.

  • Affidavit for Divorce (Form 36)

    This divorce form gives the judge the information and evidence needed to grant you a Divorce Order. In it, you’ll provide basic information about you, your spouse, and your children, such as names, dates of birth, date of marriage, etc. You must also provide information about parenting, child support, spousal support, and property division. This form is filed after the Application for Divorce has been issued in court, served on the other spouse, and all issues have been resolved.

  • Divorce Order (Form 25A)

    The Divorce Order is the blank court order that a judge will sign if all of the requirements for divorce have been met. It’s prepared by the spouse seeking the Divorce Order. Once a judge signs the Divorce Order, it takes effect 30 days later.

  • Certificate of Divorce (Form 36B)

    You can apply for this after you get your Divorce Order. This certificate confirms the date that you and your spouse were legally divorced. You need it if you want to get married again.

Our legal professionals can prepare each of these forms for you, as needed. If you want all of the divorce forms prepared, you can order one of our Divorce Bundles

2. We’re separating and we don’t agree on everything

If you’re separating and don’t agree on some, or all of the issues related to parenting, property division, and support, then you can create a Separation Agreement that will finalize the issues that you do agree on.

Then you should consider one or both of the following:

a) Consult a legal professional

This might be a Lawyer, Mediator, Arbitrator, or Collaborative Family Law Lawyer, who could help you agree on the remaining issues.

b) Go to court to let a judge decide the remaining issues

The first steps in the court process are the Application, Answer and Reply. Here are the divorce forms you may need for each step.

The Application

The court process begins when one spouse serves and files the following forms:

  • Application for Divorce (Form 8)

    You begin the court process by filing and serving this divorce form. In it you give basic information about your family, the history of your relationship with your spouse, check off the issues you're asking the judge to help you with, list the orders you're asking a judge to make, and state the facts and reasons for each order you're asking for.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a form on the other spouse.

Depending on the circumstances of your case, you may also need to serve and file one or more of the following forms:

Our legal professionals can prepare each of these forms for you, as needed. If you want all of the divorce forms prepared, you can order our Application Bundle.

The Answer

If your spouse has already applied for divorce, then you’ll need to serve and file the following forms:

  • Answer (Form 10)

    In this form, you tell the judge which of your spouse’s orders you agree with (if any) and which ones you don’t agree with. You also specify any other orders you would like the judge to make, with facts and reasons for each order you’re asking for. This divorce form must be served and filed within 30 days of the date you were served with the Application.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

Depending on the circumstances of your case, you may also need to serve and file one or more of the following forms:

Our legal professionals can prepare each of these forms for you, as needed. If you want all of the divorce forms prepared, you can order our Answer Bundle.

The Reply

If you served and filed an Application for Divorce, and your spouse served and filed an Answer, and you would like to respond to the Answer, then you’ll need to serve and file the following forms:

  • Reply (Form 10A)

    In this divorce form, you tell the judge which of your spouse’s orders you agree with (if any) and which ones you don’t agree with. You also specify any other orders you would like the judge to make, with facts and reasons for each order you’re asking for. This divorce form must be served and filed within 10 days of the date you were served with the Answer.

  • Affidavit of Service (Form 6B)

    This divorce form proves to a judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

    • Our legal professionals can prepare each of these forms for you, as needed. If you want all of the divorce forms prepared, you can order our Reply Bundle.

    The steps above describe the beginning of the court process. As you proceed through the court process, you’ll need to understand several other divorce forms, which will be described in the next section.

3. We’re separated and in court

If you’re separated and you’ve started the divorce process in court, then you’ll need to learn about all of the divorce forms used during the process. The divorce forms for court fall into three categories:

  • a) Conferences
  • b) Requests
  • c) Motions

Here are the divorce forms needed for each category:

a) Conferences

Case Conference Brief

The first appearance in court is called a Case Conference. If you’re scheduled for a Case Conference, then you must serve and file the following forms:

  • Trial Management Conference Brief

    The court schedules a Trial Management Conference when your case cannot settled and you need to go to trial. At this conference, the judge may try to resolve your case one last time. If your case can’t be solved at the conference, the judge will also prepare you and the other spouse for trial.

    If you’re scheduled for a Trial Management Conference, you must file the following forms:

    • Trial Management Conference Brief (Form 17E)

      This divorce form asks for some of the same information as the earlier briefs you filled out for your Case Conference and Settlement Conference, plus other information that’s needed to schedule your trial. This divorce form must be served and filed 7 business days before the Trial Management Conference date.

    • Confirmation of Conference (Form 17F)

      You need to serve and file this divorce form to confirm the date of each conference that’s scheduled. This divorce form should be served on the other spouse and filed in court by 2:00 p.m. at least 4 business days before the scheduled court date.

    • Affidavit of Service (Form 6B)

      This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

    Our legal professionals can prepare each of these forms for you, as needed. If you want all of the divorce forms prepared, you can order our Trial Management Conference Bundle.

    Case Conference Brief (Form 17A)

    In this divorce form, you give the judge background information about your situation, list the issues in the case, and offer ideas on how you and your spouse can settle the issues. This form must be served and filed 7 business days before the Case Conference date.

  • Confirmation of Conference (Form 17F)

    You need to serve and file this divorce form to confirm the date of each Conference that’s scheduled. This divorce form should be served on the other spouse and filed in court by 2:00 p.m. at least 4 business days before your scheduled court date.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

Our legal professionals can prepare each of these forms for you, as needed. If you want all of the divorce forms prepared, you can order our Case Conference Bundle.

Settlement Conference Brief

At a Settlement Conference, you and the other spouse meet with the judge to discuss ways to settle your legal issues, hear the judge’s opinion on the issues, and set the next steps needed to resolve the remaining issues.

If you’re scheduled for a Settlement Conference, you must serve and file the following forms:

  • Settlement Conference Brief (Form 17C)

    This divorce form is similar to a Case Conference Brief, except that you also include an Offer to Settle and other divorce forms needed to settle your case. This divorce form must be served and filed 7 business days before the Settlement Conference date.

  • Confirmation of Conference (Form 17F)

    You need to serve and file this divorce form to confirm the date of each Conference that is scheduled. This divorce form should be served on the other spouse and filed in court by 2:00 p.m. at least 4 business days before the scheduled court date.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

Our legal professionals can prepare each of these forms for you, as needed. If you want all of the divorce forms prepared, you can order our Settlement Conference Brief Bundle.

b) Requests

Request for Information

When you want the other spouse to disclose financial documents, you may serve and file:

  • Request for Information (Form 20)

    In this divorce form, you specify the financial disclosure that you want your spouse to disclose.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

Our legal professionals can prepare each of these forms for you, as needed. If you want both of these divorce forms prepared, you can order our Request for Information Bundle.

Request to Admit

When you want the other spouse to admit that a fact is true or that a document is genuine, you may serve and file:

  • Request to Admit (Form 22)

    In this divorce form, you specify the fact or document that you want your spouse to admit is genuine.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

Our legal professionals can prepare each of these forms for you, as needed. If you want both of these divorce forms prepared, you can order our Request to Admit Bundle.

Response to Request to Admit Bundle

If you were served a Request to Admit, and you want to dispute the fact or documents, you may serve and file:

  • Response Request to Admit (Form 22)

    In this divorce form, you explain why you’re disputing the fact or document that your spouse requested you to admit. This must be served and filed within 20 business days from the time that you receive the original request.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you've served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

Our legal professionals can prepare each of these forms for you, as needed. If you want both of these divorce forms prepared, you can order our Response to Request to Admit Bundle.

You make a motion when you want to ask a judge for a temporary order before a final decision is reached in your case. The most common types of motions are:

A Procedural, Uncomplicated, or Unopposed Motion

An example of this type of motion is asking the judge to accept a divorce form after the deadline has passed. To make this type of motion, you may serve and file the following forms:

  • Motion Form (Form 14B)

    In this divorce form, you describe the orders you’re requesting the judge to make, as well as the rules and laws that apply to the facts of your case.

  • Affidavit (Form 14A)

    In this divorce form, you give the evidence to show why you want the judge to make the orders you’re requesting.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

Our legal professionals can prepare each of these forms for you, as needed. If you want all of the divorce forms prepared, you can order our Procedural, Uncomplicated, or Unopposed Bundle.

A Motion for a Temporary Order

An example of this kind of motion is asking the judge to order a temporary parenting schedule or to order the other spouse to pay temporary child support or to sell the matrimonial home. To make this type of motion, you may serve and file the following forms:

  • Notice of Motion (Form 14)

    In this divorce form, you describe the orders you’re asking the judge to make.

  • Affidavit (Form 14A)

    In this divorce form, you swear the evidence to show why you want the judge to make the orders you’re requesting.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

Our legal professionals can prepare each of these divorce forms for you, as needed. If you want all of the divorce forms prepared, you can order our Motion for a Temporary Order Bundle.

Response to a Motion

If the other spouse has served you with motion forms, you must respond by filing the following forms:

  • Affidavit (Form 14A)

    In this divorce form, you swear the evidence to show why you want the judge to not make the orders the other spouse is requesting.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

Our legal professionals can prepare each of these forms for you, as needed. If you want both of these divorce forms prepared, you can order our Response to a Motion Bundle.

4. We’re divorced and I want to change the judge’s decision

Motion to Change

If you’ve completed the divorce process, but time has passed and circumstances have changed, and you want to change a Divorce Order or Separation Agreement, then you need to serve and file a Motion to Change with the following forms:

  • Motion to Change (Form 15)

    In this divorce form, you ask the judge to make changes to parenting or support in your Divorce Order or Separation Agreement.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

Depending on your situation, you may need to serve and file one or more of the following forms:

  • Financial Statement (Form 13.1)

    This divorce form is required if you’re making or responding to, a claim for support. It must be served and filed with the Motion to Change (Form 15) or the Response to Motion to Change (Form 15B).

  • Affidavit in Support of Claim for Parenting (Form 35.1)

    This divorce form is required if you’re making or responding to, a claim for parenting. It must be served and filed with the Motion to Change (Form 15) or the Response to Motion to Change (Form 15B).

    • Our legal professionals can prepare each of these forms for you, as needed. If you want all of the divorce forms prepared, you can order our Motion to Change Bundle.

Respond to a Motion to Change

If you need to respond to a Motion to Change, you’ll need to serve and file a Response to Motion to Change with the following forms:

  • Response to Motion to Change (Form 15B)

    If your former spouse has filed a Motion to Change, and you don't agree with its contents or you want to ask the judge to make a different order, then you must serve and file this form.

  • Affidavit of Service (Form 6B)

    This divorce form proves to the judge that you’ve served the other spouse with the form you wish to file. You must file this form every time you serve a divorce form on the other spouse.

    • Depending on your situation, you may need to serve and file one or more of the following forms:

    • Financial Statement (Form 13.1)

      This divorce form is required if you’re making, or responding to, a claim for support. It must be served and filed with the Motion to Change (Form 15) or the Response to Motion to Change (Form 15B).

    • Affidavit in Support of Claim for Parenting (Form 35.1)

      This divorce form is required if you’re making or responding to, a claim for parenting. It must be served and filed with the Motion to Change (Form 15) or the Response to Motion to Change (Form 15B).

    Our legal professionals can prepare each of these forms for you, as needed. If you want all of the divorce forms prepared, you can order our Respond To Motion to Change Bundle.

How SplitEasy can help you complete your divorce forms

Unless you’re a lawyer, have a lawyer, or have a legal background, preparing your divorce forms may be confusing and frustrating. SplitEasy was established to solve that problem and make your divorce process much easier.

SplitEasy is a reliable and affordable alternative to lawyers or do-it-yourself divorce kits. Our experienced team of divorce professionals has prepared thousands of Ontario divorce forms, which the courts have accepted.

How to get started

Simply choose the divorce forms that you need. After your purchase, we’ll contact you to gather the relevant information. Then we’ll prepare your divorce forms, filling in all the easy-to-miss details. We’ll deliver your divorce forms within 72 hours, with clear instructions about what to do next.

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