What forms do I need for divorce in Ontario?

For a divorce only (a simple divorce), you start with Form 8A (Application (Divorce)). If your spouse files no answer (or withdraws it), you then file Form 36 (Affidavit for Divorce) with three copies of a draft Divorce Order (Form 25A) and a stamped envelope addressed to each party (Family Law Rules, r. 36(5.1), (6)). If you have children of the marriage, the affidavit attaches information about their support and the income information the child support guidelines require (r. 36(5)). The court also needs your marriage certificate, unless the application explains why it is impractical to get one (r. 36(4)). A financial statement (Form 13 or 13.1) is needed when a claim is made for support, property or exclusive possession of the matrimonial home, subject to the exceptions in r. 13(1.3) and r. 13(8). If you are applying on your own and also claiming support, property or parenting, you start with Form 8 instead: Form 8A's simple version claims only the divorce and costs, and other claims go on Form 8A only in a joint application by both spouses (Form 8A).

What's the difference between Form 13 and Form 13.1?

Form 13 is the Financial Statement used when support is claimed without a property claim or a claim for exclusive possession of the matrimonial home, even if parenting is also claimed (Family Law Rules, r. 13(1.1)). Form 13.1 is required whenever a property claim or a claim for exclusive possession of the matrimonial home is made — with or without support (Family Law Rules, r. 13(1.2)). The choice depends on the claims made, not on income level. (The $150,000 figure you may hear about is a separate rule for setting child support when the payor's income is over $150,000 (Child Support Guidelines, s. 4); it does not change which form you use.)

What is Form 35.1 and do I need it?

Form 35.1 is the Affidavit for Decision-Making Responsibility, Parenting Time, and Contact. Under rule 35.1(1) of the Family Law Rules it must be served and filed with any application, answer or motion to change that contains a claim for decision-making responsibility, parenting time or contact. It is required by the claim, not by the mere presence of children — a case that claims only child support does not need it. If the child or a party has been involved in a child protection case or has received services from a child protection agency (such as a children's aid society), Form 35.1A is filed as well (r. 35.1(1)(a)). It tells the court about the child, the parenting history, and your proposed arrangements. Both parents usually file their own Form 35.1.

What forms do I need for custody and parenting time?

You need an application and Form 35.1 (Affidavit (decision-making responsibility, parenting time, contact)), which includes your plan for the children (para. 12). Form 35.1A is also needed if the child or a party has been involved in a child protection case or has received services from a child protection agency, and a non-parent asking for decision-making responsibility attaches a police records check obtained no more than 60 days before starting the claim (or proof that it was requested) and, in a Children's Law Reform Act case, files a copy of a request for a children's aid society records report (Family Law Rules, r. 35.1(1), (3), (5); Children's Law Reform Act, s. 21.2(2)–(3)). The application is Form 8 (Application (General)); if your case is in the Superior Court of Justice or its Family Court, Form 8 can also claim a divorce. Form 8A carries a parenting claim only in a joint application by both spouses, and that order needs both spouses' consent (Form 8A; r. 36(2)). The court may also ask the Office of the Children's Lawyer to become involved; the Children's Lawyer decides whether to act (Courts of Justice Act, ss. 89(3.1), 112(3)).

What is a Motion to Change and when do I use it?

A Motion to Change (Form 15) is used when a final family court order already exists and you want to change it — for example, to vary support, modify parenting time, or update decision-making responsibility. You cannot start a new application for issues already covered by a final order.

Do I need a lawyer for family court?

While you can represent yourself in family court, complex matters involving custody, property division, or child protection often benefit from legal representation. Duty counsel and Family Law Service Centres offer free limited help on the day of court.

How long does a divorce take in Ontario?

An uncontested divorce typically takes 4-6 months, while contested divorces can take 1-2 years or longer depending on complexity.

What is the best interest of the child test?

Ontario courts use the 'best interests of the child' as the only test for decision-making responsibility and parenting time decisions. Factors include the child's emotional ties, stability, each parent's ability to care for the child, the child's views and preferences (if age-appropriate), and any history of family violence.

How is child support calculated in Ontario?

Child support is calculated using the Federal Child Support Guidelines based on the paying parent's gross annual income and the number of children. The amounts are set out in tables — they are not discretionary. You can use the Department of Justice online lookup tool to estimate your obligation.

Can I get legal aid for family court?

Legal Aid Ontario provides certificates for family law matters if you meet financial eligibility criteria. Priority is given to cases involving child protection (CAS), domestic violence, and custody disputes where children are at risk. You can apply online or at your local Legal Aid office.

Family Court Help with Quorex

Q: How much does it cost to file in family court?

A divorce costs $214 to file the application and $445 when the case is placed on the list for hearing, $659 in total (O. Reg. 293/92, s. 1.2). Fee waivers are available. There is no court fee to file an application, file an answer or set a case down for hearing when the claims are only for parenting time, decision-making responsibility, contact or support under the Children's Law Reform Act or Part III of the Family Law Act (O. Reg. 293/92, s. 1.2(2)). If you cannot afford fees, you can apply for a fee waiver certificate. Quorex helps you prepare the forms; you pay court fees directly to the courthouse.

One starting point for every Ontario family-law matter. Pick the stream that matches your situation — divorce, custody & parenting, support, property division, or child protection (CAS) — and Quorex walks you through the correct court, forms, and next steps.

Who Is This For?

Anyone dealing with divorce, custody/parenting time, child or spousal support, property division, or child protection (CAS) matters in Ontario

Time to Complete

1–2 hours for initial forms, ongoing support throughout your case

What You'll Get

•Step-by-step guidance tailored to your specific family-court stream
•The correct Ontario forms (8, 8A, 8B, 8B.1, 10, 13, 13.1, 35.1, 36) for your matter
•Financial statement and disclosure preparation guidance
•Parenting plan and decision-making responsibility help
•Timeline tracking and deadline management

What You Need Ready

•Marriage certificate (for divorce)
•Financial documents (pay stubs, tax returns, assets/debts)
•Details about children (for custody/support/CAS)
•Separation date and circumstances
•Property and debt information (if applicable)

Ready to Get Started?

Our guided journey will walk you through every step of the process.

Choose your Family Court stream

Every stream below files in Family Court — either the Superior Court of Justice (Family branch / Unified Family Court) or the Family Court (Ontario Court of Justice), depending on your courthouse and the relief you need.

Divorce

End a marriage. SCJ only — divorce and property division cannot be filed in the OCJ branch.

Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.)

Custody & Parenting

Decision-making responsibility, parenting time, and contact orders for children.

Children's Law Reform Act, R.S.O. 1990, c. C.12

Child or Spousal Support

Apply for, change, or enforce child support or spousal support (FRO).

Family Law Act, R.S.O. 1990, c. F.3 · Federal Child Support Guidelines

Property Division

Equalization of net family property, matrimonial home, and exclusive possession.

Family Law Act, R.S.O. 1990, c. F.3, Part I

Child Protection (CAS)

Children's Aid Society proceedings — protection applications, status review, openness orders.

Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sch. 1

Restraining Orders

Family-law restraining orders against a spouse, partner, or family member.

Family Law Act s. 46 · Children's Law Reform Act s. 35

Not sure which stream fits? Start the Family Court triage and Quorex will route you. Quorex is not a law firm and does not provide legal advice.

Family Law Assessment

Understand your family law matter and get personalized guidance. Cited Ontario authorities: Family Law Act (FLA), Children's Law Reform Act (CLRA), and Divorce Act.

Understanding Family Court

Family court in Ontario handles some of the most emotionally and legally complex matters in the justice system — divorce, child custody, support payments, property division, and child protection. The first practical question is whether you and the other person agree on some or all of the issues. If you do, the process may begin with a separation agreement. If you do not, the next step is usually figuring out the right court, getting help with the process, and then following the correct branch as an applicant or respondent.

Ontario has two levels of family court: the Family Court (Ontario Court of Justice), which hears parenting, support and child protection matters, and the Superior Court of Justice (SCJ), which handles divorce and property division. In 25 locations, the Family Court of the Superior Court of Justice (Unified Family Court) handles all family matters in one location.

Custody and Parenting Orders in Ontario

Since March 2021, Ontario family law replaced the terms "custody" and "access" with decision-making responsibility and parenting time under the Children's Law Reform Act. Despite the terminology change, the underlying principles remain the same:

Sole decision-making: One parent makes major decisions about the child's health, education, and religion
Joint decision-making: Both parents must consult and agree on major decisions
Parenting time: The schedule each parent spends with the child — can range from equal (50/50) to primary residence with one parent
Contact: Time with non-parents (grandparents, other relatives) who have a relationship with the child

The court decides all decision-making responsibility and parenting time matters based solely on the best interests of the child. Neither parent starts with an advantage — the court examines each parent's ability to provide a stable, loving environment.

Key Family Court Forms Explained

Ontario family court requires specific forms depending on your situation. Filing the wrong form delays your case. Here are the essential forms:

Starting a Case

Form 8 — Application (General): For decision-making responsibility, parenting time, contact, support and restraining orders; in the Superior Court of Justice or its Family Court, also property claims and a divorce together with other claims
Form 8A — Application (Divorce): For a divorce only (simple; costs may also be claimed), or a joint application by both spouses, which can include other claims you both agree to (Form 8A; Family Law Rules, r. 36(2)). A spouse applying alone who also claims support, property or parenting uses Form 8.
Form 8B — Application (Child Protection): Used by CAS to start child protection proceedings
Form 10 — Answer: Filed by the respondent to reply to an application

Financial Disclosure

Form 13.1 — Financial Statement (Property and Support): Use whenever any property claim is in issue — with or without support. Much more detailed: includes all assets, debts, and property valuations
Note: the $150,000 figure people sometimes hear about is a separate rule for setting child support for a payor whose income is over $150,000 (Child Support Guidelines, s. 4) — it does not change which form (13 vs 13.1) you file.

Affidavits and Evidence

Form 35.1 — Affidavit (Decision-Making/Parenting Time): Your sworn statement about the children, parenting history, and proposed arrangements
Form 36 — Affidavit for Divorce: Required to prove the grounds for divorce (usually one year of separation)

Form 14 Family — The Motion Toolkit

Almost every contested step in family court runs through a Form 14 motion. The two pieces below are the ones you will use over and over — know the difference.

Form 14A — Affidavit (General) · cornerstone of every motion

Form 14A is your sworn evidence. Nearly every motion, response, or request for relief in family court is supported by a Form 14A affidavit. If you are asking the judge to do something — or opposing what the other side is asking — your facts go in a 14A.

Sworn or affirmed before a commissioner
First-person, fact-based, no argument or opinion
Exhibits (texts, emails, records) are attached and labelled
Used to support any Form 14 or 14B motion

Form 14B — Motion Form · procedural, uncomplicated or unopposed motions

Form 14B is the short-form motion used for procedural, uncomplicated or unopposed matters (Family Law Rules r. 14(10)) that can usually be decided in writing without a full hearing. A contested motion — including an urgent one — uses Form 14 (Notice of Motion) with a Form 14A affidavit.

What counts as "urgent"?

Urgency means child abduction or wrongful removal, immediate safety risk (violence, threats, harm to a child or parent), or dire financial strain (e.g., imminent loss of housing, utilities cut-off, no money for food or essentials for the children). Scheduling inconvenience or general frustration is not urgency.

Procedural, uncomplicated or unopposed orders (Family Law Rules r. 14(10))
A motion without notice is allowed only in the r. 14(12) situations (notice unnecessary or not reasonably possible, immediate danger of a child's removal from Ontario, immediate danger to the health or safety of a child or the moving party, or where notice would probably have serious consequences) and is brought on Form 14 with a Form 14A affidavit
Usually decided on the documents — no court appearance
Still supported by a Form 14A affidavit setting out the facts

Rule of thumb: 14B is the vehicle (the request); 14A is the evidence that powers it. You almost never file one without the other.

Child Support in Ontario

Child support is a right of the child, not the parent. In Ontario, it's calculated using the Federal Child Support Guidelines based on the paying parent's gross income and the number of children. The amounts are set in tables — they are not discretionary.

In addition to the base "table amount," the court may order special or extraordinary expenses (Section 7 expenses) to be shared proportionally. These include:

Childcare expenses (daycare)
Health insurance premiums and medical/dental costs not covered by insurance
Extracurricular activities (sports, music, tutoring)
Post-secondary education costs

The Family Court Process

Agreement check: Decide whether you already agree on some or all parenting, support, divorce, or property issues
If you agree: Prepare a separation agreement and consider whether it should be filed with the court for enforcement or related proceedings
If you do not agree: Identify the correct court and get guidance from a family law professional, mediation service, FLIC, or Legal Aid where appropriate
Choose your branch: Move forward as the applicant if you are starting the case, or the respondent if you were served and must answer
Prepare the right materials: Applicants typically use Form 8 or 8A; respondents typically use Form 10; parenting and support claims often require Form 35.1 and financial disclosure
Court events: After filing, the case usually moves through conferences, possible settlement efforts, and only then toward motions or trial if needed

Tips for Self-Represented Parties

Complete your financial disclosure accurately — judges take incomplete disclosure very seriously
Focus on the children's needs, not your feelings about your ex
Keep all communications civil and in writing (text/email) when possible
Attend the Mandatory Information Program early — it's required before your first court date
Consider family mediation before court — it's faster, cheaper, and less adversarial

Read our complete Ontario Family Law Guide → | Common Family Court Mistakes to Avoid →

Your Family Law Journey

Navigate divorce, parenting, and child protection matters

⚠️ TIME-SENSITIVE: Child protection matters have urgent deadlines. Act quickly.

Superior Court — Family Law CanLII — Ontario Superior Court decisions Ontario Family Law Rules Forms

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File with Family Court

1 hour

Submit completed forms to the family court. Court fees: $214 to file an application that includes a divorce or a property or matrimonial-home claim, and $445 when it is placed on the list for hearing (O. Reg. 293/92, s. 1.2). There is no court fee to file an application, file an answer or set a case down for hearing when the claims are only for parenting time, decision-making responsibility, contact or support under the Children's Law Reform Act or Part III of the Family Law Act (O. Reg. 293/92, s. 1.2(2)). Fee waivers are available.

Serve the Respondent

1-2 weeks

Serve the application on the respondent immediately by special service (Family Law Rules, r. 8(5)) and file the Affidavit of Service (Form 6B)