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How do I apply for a divorce with my partner?
Question
How do I apply for a divorce with my partner?
How do I apply for a divorce with my partner?
Reviewed:
April 1, 2020
Answer
If you're married and want to legally end your marriage, you must apply for a divorce from the court.
If you both agree to get a divorce, you can apply together by making a joint application. If only one of you wants a divorce, that person can apply on their own.
To get a divorce in Ontario, you must meet certain conditions. For example, you and your partner must have had a legal marriage ceremony and you must show that your marriage has ended. If you don't meet all the conditions, the court may not approve your divorce application.
Religious divorce
A religious divorce doesn't legally end a marriage. But some religions require a religious divorce if you want to remarry within that religion.
The courts don’t give a religious divorce. You have to get that through your place of worship or religious organization. For example, to get married again in a synagogue, you need a Jewish religious divorce, which is called a get.
Matrimonial home
If you separate, each married partner has an equal right to stay in the matrimonial home and to a share in the value of the home. It doesn't matter who owns the home. You don't give up these rights if you decide to move out.
If you get divorced and you don’t own your matrimonial home, you still have a right to a share in the value of the home. But you no longer have an equal right to stay in the home. This is because you’re no longer married.
Talk to a lawyer
A lawyer can help you understand what the law says you have to do and what you can get when you divorce. If you can't afford to hire a lawyer, you may be able to find legal help in other places.
2. Fill out your divorce application
You have to complete the following documents when you and your partner apply for a divorce together:
- Form 8A: Application (Divorce): Only one of you needs to fill out the form and check off the "Joint" box. But both of you must sign and date the form. You're both called joint applicants because you’re applying together. There is no respondent. You can also use this form to apply for other orders if you agree on issues like custody, access, child support, spousal support, and dividing property.
- Form 36: Affidavit for Divorce: Each of you has to fill out your own form. It asks for information about you and your partner, your children, and any plans you made after separating.
You must swear or affirm that the information in your form is true before you sign it. You do this in front of a notary public or commissioner for taking affidavits. This person also signs and dates the form.
You can be charged for committing a crime if you don't tell the truth.
You can find a commissioner at any family court and they will sign your form for free. You can also find them at some ServiceOntario centres. Other people can also do this, for example, a lawyer, notary public, judge, or paralegal. But they may charge you a fee.
- Form 25A: Divorce Order: Write the orders you want the court to make. If the court agrees to make the orders you want, a judge will sign this form and it becomes your divorce order. You must fill out this form electronically on a computer. You can’t fill it out by hand
- Registration of Divorce Proceedings form, if you’re not filing online: You must fill out this form electronically on a computer. You can’t fill it out by hand.
The court sends this form to the Department of Justice. The department checks a database to make sure that no other divorce applications have been made for you and your partner in Canada. If there are no other applications, they send a clearance certificate to the court. The court has to get this certificate before it gives you a divorce.
You also need:
- Your original marriage certificate. You must get a certified English translation if your certificate is not in English or French. If you can't get a copy of your marriage certificate, you need to explain why in your Form 36: Affidavit for Divorce.
- 2 stamped envelopes if you file in person at a courthouse: One addressed to you and one addressed to your partner. The court will use these to mail a copy of your divorce order to both of you
If you and your partner agree on your other issues and want to ask the court for orders about those issues, you need to include other forms. For example:
- Form 35.1: Affidavit in Support of Claim for Custody or Access, if you're asking for custody or access. You must swear or affirm that the information in your form is true before you sign it.
- Form 13: Financial Statement (Support Claims), if you're asking for child support or spousal support, but not asking to divide property. You must swear or affirm that the information in your form is true before you sign it.
- Form 13.1: Financial Statement (Property and Support Claims), if you’re asking to divide property. You may or may not also be asking for support. You must swear or affirm that the information in your form is true before you sign it.
- Support Deduction Order, if you're asking for support.
- Support Deduction Order Information Form, if you're asking for support.
You can get these family law court forms from the courthouse or online. They are available in French and English.
Once your divorce application is ready, you have to file it with a Superior Court of Justice or a Family Court of the Superior Court of Justice. You can do this in person at the courthouse. You may also be able to do this online.
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Reviewed:
April 2020