Which court do I use for a divorce in Ontario?

Divorce and family property division are exclusive to the Superior Court of Justice. The Ontario Court of Justice cannot grant a divorce or divide property.

Can both courts deal with support and parenting?

Yes, depending on the region and whether other claims are involved. Where you also need a divorce or property division, the Superior Court is the single forum.

Is mandatory information available before filing?

Ontario requires attendance at a Mandatory Information Program in most family cases, and family law information centres operate at courthouses. Both are free.

Is my family hearing public?

Family proceedings are subject to restrictions on attendance and publication, particularly where children are involved.

Family Court Toronto — Divorce, Support & Parenting Matters

Superior Court of Justice — Family Court (Toronto)

Ontario family matters are split between the Superior Court of Justice and the Ontario Court of Justice depending on the issue and the region. The Superior Court handles divorce and property division — which the Ontario Court of Justice cannot — while both can deal with support and parenting. Filing in the wrong court is a common and costly error.

What it does

Hears divorce applications and property division
Decides spousal and child support
Determines parenting time and decision-making responsibility
Handles child protection matters in unified regions

Matters it hears

Divorce and division of family property
Child and spousal support, including variations
Parenting arrangements and relocation
Restraining orders in a family context
Enforcement of family orders

Appeals & review

Appeals generally go to Court of Appeal for Ontario.

Appeal and review deadlines are short and strictly applied. Treat the decision date as the start of a clock.

Frequently Asked Questions

Which court do I use for a divorce in Ontario?: Divorce and family property division are exclusive to the Superior Court of Justice. The Ontario Court of Justice cannot grant a divorce or divide property.
Can both courts deal with support and parenting?: Yes, depending on the region and whether other claims are involved. Where you also need a divorce or property division, the Superior Court is the single forum.
Is mandatory information available before filing?: Ontario requires attendance at a Mandatory Information Program in most family cases, and family law information centres operate at courthouses. Both are free.
Is my family hearing public?: Family proceedings are subject to restrictions on attendance and publication, particularly where children are involved.

Get matched with a lawyer

Tell us about your situation and we'll connect you with verified firms that handle it. It's free and there's no obligation.

General information about jurisdiction and process, not legal advice. LegalCounselNearMe is not a law firm and is not affiliated with Superior Court of Justice — Family Court (Toronto). Procedures, forms and fees change — the official site is authoritative.