Divorce Certificates

Divorce Certificates

A divorce certificate is available from  the Superior Court of Justice 31 days after a divorce order is granted. It serves as official proof that a marriage has legally ended. 

Parties can request a divorce certificate online, in person, or by mail from the court where their divorce proceeding took place. It’s vital to ensure that all necessary information and fees are provided during the application process to avoid delays.

 

Applying For A Certificate of Divorce

Step 1: Divorce Orders

You must first have a divorce order before you can obtain a certificate of divorce. 

If you still need a divorce order, you must request one from the court. Once the court grants you divorce, you will then receive your divorce order which typically takes effect legally 31 days from the court date.

If you don’t have a copy of your divorce order, be prepared with the following details:

  • The location of the courthouse where the divorce was finalized
  • Your unique court file number
  • The date the divorce order was issued

These details are usually on the top portion of the court forms from your application. If you’re unable to locate this information, reach out to the federal Central Registry of Divorce Proceedings for assistance. They can provide both the court’s address and a reference number. You can contact them at 613-957-4519.

 

Step 2: Application For Certificate

You will need to fill out Form 36B ( found here: https://ontariocourtforms.on.ca/en/family-law-rules-forms/ ) and submit it to the same court that issued the divorce order. There is a fee of $25 payable to the Minister of Finance, which can be paid via credit card, cash, cheque, or money order.

With paperwork and necessary information in hand, you have three options to submit your application for the divorce certificate:

 

Option 1: Submit Online

To use the online service, you need a My Ontario Account. 

If you do not have a My Ontario Account – create one here. This will allow you to access the Justice Services Online website

You will also require: 

  • PDF or Word (.docx) versions of signed and dated documents
  • Credit Card or Debit Card for Fee Payment
  • Court File Number (if case is existing)

 

Option 2: Submit In-Person

Bring the necessary documents and payment to the original courthouse where you initially applied for divorce. Processing times differ, and an in-person request may mean you can also physically pick up your certificate instead of mail delivery. Specific courts may only accept in-person requests at certain times, be sure to contact your court for their hours.

 

Option 3: Submit By Mail

Mail your completed forms and payment to the original courthouse where your divorce proceedings first took place. You should also receive your certificate in the mail. 

 

Rejected and Accepted Documents

You should be notified within a week of your documents being delivered if they have been accepted or rejected. If you submitted online, you should receive an email either confirming your documents have been accepted or why they were rejected. If in-person or by mail, the court will send back your documents with an attached letter explaining why your application was rejected.

If you haven’t heard a response from the court within 7 business days, it’s best to contact them py phone to follow up on your application.

 

Frequently Asked Questions

What is the usual processing time to receive a divorce certificate in Ontario?

The processing time for a divorce certificate can vary, but on average it can take a few days to a few weeks. It's important to follow up if you haven't received your certificate within this timeframe, as delays can occasionally occur. Contact the local court office or ServiceOntario for any updates regarding your application.

Can I remarry without a divorce certificate in Ontario?

No, you cannot remarry legally without a divorce certificate in Ontario. This document is necessary to prove the end of a previous marriage before entering a new one. The certificate acts as a formal legal acknowledgment of the completed divorce process.

Looking for help with Divorce? Contact Alves Law today to schedule a consultation.

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