5. Get your Divorce Order

How do I apply for a divorce with my partner?
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5. Get your Divorce Order

A judge reviews your documents to make sure everything is complete and to make sure you meet the conditions to get a divorce. The question Do I have to get a divorce? explain what these conditions are. 

Usually, you don't have to go to court or meet with a judge. But, if the judge has questions for you, the court clerk contacts you with a court date or sends you a copy of the judge’s endorsement that tells you what you have to do.

If the judge doesn't have any questions, you get a divorce order

The divorce order has the date it takes effect. This is usually 31 days after the date of the divorce order. This is the date when you and your partner are legally divorced.

The process takes about 3 months. It can take more or less time depending on the court you're applying to and if there are any problems with your paperwork.

If you filed your joint divorce application online and you provided an email address, the court emails a copy of your divorce order to you. You can purchase a certified copy of your order by going to the court where the order was made.

If you filed your divorce application at the courthouse, the court clerk mails you and your partner a certified copy of the order in the stamped envelopes you gave.  You can also pick up your divorce order from the courthouse.

Certificate of divorce

After you get your divorce order, you can apply for a Form 36B: Certificate of Divorce. This certificate confirms the date that you and your partner legally divorced. This is usually 31 days after the date of the divorce order. You need a Certificate of Divorce if you want to get married again.

To get a Certificate of Divorce, you must go to the same court where you applied for your divorce and take a copy of your divorce order.

You have to pay a court fee of $24. You can pay by cash, cheque, or money order made payable to the Minister of Finance.

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Department of Justice Canada
Reviewed: April 1, 2019

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