Affidavit for Divorce - Form 36 | Commission Online

You might need an Affidavit for Divorce for a variety of different situations. These can include filing for a simple or joint divorce and confirming divorce details. See some more information on when you may need an Affidavit for Divorce below:

Filing a Simple Divorce Application

If you apply for a simple divorce, you must submit an Affidavit for Divorce with your application. This Affidavit confirms your date of separation, grounds for divorce and other details.

Filing a Joint Divorce Application

If you and your ex apply for a divorce together, you must each complete and submit a separate Affidavit for Divorce. This Affidavit affirms that all outstanding issues have been resolved and confirms important divorce details.

Claiming Adultery or Cruelty as Grounds for Divorce

In Ontario, the most common ground for divorce is living separate and apart for at least a full year. However, a divorce can be granted immediately if you are dealing with adultery or cruelty.

Providing Additional Information to the Court

The courts may request additional details in order to process your divorce application. Sometimes, they’ll ask you to submit an updated or supplementary Affidavit for Divorce to address specific concerns.

Note: You typically file an Affidavit for Divorce after the Application for Divorce (Form 8A) and before the court reviews your file to grant a divorce order.

Completing your Affidavit for Divorce is fairly straightforward; you just need to provide the details below:

• Your full legal name, address, email, and phone number
• Your municipality and province of residence
• The name and address of the court you’re applying to for your divorce
• Your lawyer’s name, address, email, and phone number (if applicable)
• Your spouse’s name, address, email, and phone number
• Your spouse’s lawyer’s name, address, email, and phone number (if applicable)
• Confirmation of the following:
• • You’re the applicant in the divorce case
  • There’s no chance of reconciling with your ex
  • The information in your application is accurate
• Confirmation that you’ve provided your Marriage Certificate or that it is missing
• Your legal grounds for divorce (the reason you’re divorcing)
• The full names and birth dates of any children you share (If applicable)
• A summary of parenting arrangements (If applicable)
• Child support arrangements (If applicable)
• Costs you’re claiming in the case, if any
• An authorized individual’s signature, like a notary public, showing that you swore or affirmed that your information is accurate.

Note: The court cannot grant a divorce unless it is satisfied that child support is being properly addressed.

In Ontario, you must have your Affidavit for Divorce commissioned by an authorized official, like a notary public. Commissioning legitimizes your document, demonstrating that you have sworn or affirmed that the information you’ve provided is true.

You can meet with a notary public online to sign your Affidavit of Divorce in under 7 minutes. See how simple signing your Affidavit can be, and complete the process from anywhere with Wi-Fi.