2. Fill out your divorce application

How do I apply for a divorce with my partner?
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2. Fill out your divorce application

You have to complete the following documents when you and your partner apply for a divorce together:

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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 certain 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:

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: May 15, 2018

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