How do I apply for a divorce with my partner?
Question & AnswerHow do I apply for a divorce with my partner?
2. Fill out your divorce application
You have to complete the following documents when you and your partner apply for a 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 .
You can also use this form to apply for other orders if you agree on issues like , , , , and . Decision-making responsibility and parenting time used to be called and .
- 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 . 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 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 (decision-making responsibility, parenting time, contact), if you're asking for decision-making responsibility or parenting time. 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.