Residency Requirements for Filing an Uncontested Divorce in Ontario

The Legal Residency Requirement in Ontario

The Six-Month Residency Rule under the Federal Divorce Act

To file for divorce in Ontario, at least one spouse must have been ordinarily resident in the province for a minimum of six consecutive months immediately before starting the divorce application. “Ordinarily resident” means that Ontario is where you have your regular home, even if you occasionally travel for work or personal reasons.

This rule applies to all divorces in Canada, including uncontested divorces. It is not based on where you were married, but rather where you currently live. For example, if you were married in another country but have lived in Ontario for more than six months, you can still file here.

Who Qualifies as a “Resident” for Divorce Purposes

For divorce purposes, a “resident” is someone who:

• Has a permanent or primary home in Ontario.
• Intends to remain in Ontario for the foreseeable future, even if travel or temporary stays elsewhere occur.
• Can provide evidence of residence, such as an Ontario driver’s licence, utility bills, or a lease/mortgage in their name.

It’s important to note that citizenship or immigration status does not affect eligibility to file for divorce in Ontario, as long as the residency requirement is met.

How Residency Applies if One Spouse Lives Outside Ontario or Canada

An uncontested divorce in Ontario can still proceed even if only one spouse lives in Ontario and the other lives in a different province or country. As long as the Ontario-based spouse meets the six-month residency rule, the court can grant the divorce.

Proving Residency for an Uncontested Divorce

Acceptable Proof of Address

Courts typically accept official documents that clearly display your name and Ontario address. Common examples include:

• Ontario driver’s licence or Ontario Photo Card showing your current address.
• Utility bills (electricity, water, gas, or internet) dated within the past few months.
• Lease or rental agreement listing you as a tenant.
• Mortgage statements or property tax bills.
• Bank statements from a financial institution with your Ontario address.

It is important to ensure the address on these documents matches the address listed in your divorce application.

Providing Sworn Affidavits When Necessary

If you cannot provide standard proof of address—such as if you live with family, do not have bills in your name, or recently moved—you may be required to submit a sworn affidavit confirming your residency. This affidavit is a formal statement, signed before a commissioner for taking affidavits or a notary public, in which you declare that you have lived in Ontario for the required six months.

Supporting evidence, like letters from a landlord or employer, can strengthen your affidavit and reduce the chance of the court requesting further documentation.

Role of Court Forms and Declarations in Confirming Residency

When completing your Application for Divorce (Form 8A for an uncontested divorce), you will be required to state your place of residence and confirm how long you have lived there. In addition, Form 36: Affidavit for Divorce includes a section where you swear to the truth of your residency claim.

Providing complete and accurate information on these forms is essential—errors or inconsistencies can lead to delays or rejection of your application. Ensuring your documentation matches your sworn statements will help your uncontested divorce proceed smoothly.

Exceptions and Special Circumstances

Military Service or Extended Work Assignments outside Ontario

If you or your spouse are temporarily posted outside Ontario—such as in the Canadian Armed Forces, with a government agency, or on a long-term work assignment—you may still be considered ordinarily resident in Ontario. Courts look at whether Ontario remains your primary home base, where you maintain ties such as property ownership, a driver’s licence, or ongoing family connections.

You may need to provide:

• Official assignment letters or deployment orders.
• Evidence of intent to return to Ontario after the posting.
• Proof of continued Ontario address, such as property tax bills.

Canadian Citizens Residing Abroad

Canadian citizens living outside the country cannot file for divorce in Ontario unless they meet the six-month residency requirement. However, if you live abroad but your spouse has been living in Ontario for six months or more, they can file here—even if you remain outside Canada.

In these cases, your spouse will serve you with the divorce papers in your current country of residence, and the divorce can still proceed uncontested if you do not oppose it.

Cases Involving Spouses in Different Provinces

If one spouse lives in Ontario and the other in a different Canadian province, either spouse can file for divorce in their own province, provided they meet the local six-month residency rule. For example:

• If you live in Ontario and your spouse lives in British Columbia, you can file in Ontario once you meet the residency requirement here.
• If your spouse files in their province, Ontario’s family law rules will not apply—the divorce will follow the laws of the province where it is filed.

Common Mistakes When Meeting Residency Requirements

Even in an uncontested divorce, errors in meeting or proving the residency requirement can cause unnecessary delays or even rejection of your application. Being aware of these pitfalls can save time, money, and frustration.

Filing Before Completing the Six-Month Period

One of the most common mistakes is filing for divorce too early—before completing the mandatory six consecutive months of residence in Ontario. Courts will reject applications that do not meet this timeline, and you’ll have to refile once the period is complete, paying additional fees in the process.

Submitting Insufficient Proof of Residency

Providing vague or incomplete documentation is another frequent problem. For example, submitting a single undated letter without official verification is often not enough. The court prefers official, recent, and clearly dated documents that show both your name and Ontario address. In some cases, multiple documents may be required to confirm continuous residence.

Misunderstanding the Difference between Residence and Domicile

Many people confuse residence with domicile.

• Residence refers to where you currently live and maintain your home on a day-to-day basis.
• Domicile refers to your permanent home for legal purposes, which may differ from your current residence.

For divorce purposes under the Divorce Act, it is your residence in Ontario—not your domicile—that matters. For example, if your permanent home is in Nova Scotia but you have been living in Ontario for over six months, you may still qualify to file here.

Steps to Take Before Filing Your Uncontested Divorce in Ontario

Preparing thoroughly before starting your uncontested divorce application can help you avoid delays, ensure compliance with the residency requirement, and make the process smoother from start to finish.

Confirming Your Eligibility Based on Residency

Before filing, confirm that you—or your spouse—have been ordinarily resident in Ontario for at least six consecutive months immediately before submitting your application. If you are close to meeting the six-month mark, it’s better to wait until you are fully eligible rather than risk having your application rejected for being too early.

Gathering the Required Documentation

Collect all documents needed to prove both your marriage and your Ontario residency. This typically includes:

• Your original or certified marriage certificate (with translation if not in English or French).
• Proof of Ontario address, such as a driver’s licence, utility bill, lease agreement, or mortgage statement.
• Any supporting documents for special circumstances, such as deployment orders or employment contracts for those working outside Ontario temporarily.

Having these ready before filing ensures you can complete court forms accurately and respond quickly to any follow-up requests from the court.

Consulting with a Family Lawyer for Guidance on Unique Situations

Even in an uncontested divorce, legal advice can be invaluable—particularly if your case involves international residence, military service, or spouses in different provinces. Ontario family lawyer can:

• Confirm whether you meet the residency requirement.
• Help prepare affidavits for special cases.
• Ensure your forms and evidence are correctly completed to avoid rejections.

While it is possible to file an uncontested divorce on your own, consulting a professional can save time, prevent errors, and ensure compliance with both provincial and federal laws.