(SSJD)Apply for a divorce

Apply for a divorce

You'll need

  • your completed forms and supporting documents,
  • $10 to file your Registration of Divorce Proceedings, if it's not already filed,
  • $80 to file your application for divorce,
  • money to have your Affidavit — Desk Order Divorce sworn, if you need to (it costs around $40 to have this done at the registry).

Prepare your application

Now that you've completed all the documents, you need to apply for your divorce.

Make one copy of your completed forms:

  • Notice of Joint Family Claim (Form F1), if it's not already filed
  • Registration of Divorce Proceedings, if it's not already filed, with:
    • your original marriage certificate, and
    • your English translation and Affidavit of Translation, if you needed them
  • Requisition (Form F35)
  • Draft Final Order (Form F52)
  • Certificate of Pleadings (Form F36)
  • Child Support Affidavit (Form F37), if you completed one, with your separation agreement or court orders attached as exhibits
  • Both your and the other person's Affidavit — Desk Order Divorce (Form F38), or one of them if you are filing one affidavit jointly 

File your application at the registry

Take the original set and the copy of your documents to the registry. The registry staff reviews your documents.

They file your Notice of Joint Family Claim and Registration of Divorce Proceedings first, if you haven't filed them already. Filing the Registration of Divorce Proceedings costs $10. If you filed your separation agreement already, filing the Notice won't cost anything. If you didn't file the Notice first, filing it costs $200.

The registry staff will take your oath to swear or affirm your Affidavit — Desk Order Divorce (there's a $40 fee for this).

If the rest of your documents are ready to file, they take your payment for your divorce application. As of May 2022, it costs $80. They stamp the original and the copy, and give the copy back to you.

Ask the registry staff when your divorce order is likely to be ready for pick up.

Pick up your signed divorce order

The registry won't notify you when the order has been signed. Contact them after four weeks to see if it's ready.

Once you've picked it up, keep a copy of it in a safe place. Give or mail a copy to the other person.

If the judge reviews your application and doesn't have enough information (for example, about proper arrangements in place to support the children), you might have to appear in court.

The registry will let you know if this is required.

When will you be divorced?

The divorce becomes effective 31 days after the judge signed the order. For example, if the judge signed your divorce order on September 15, your divorce will be final on October 16.

You can't remarry until this 31-day period is over.

These 31 days are the appeal period. The other person can file a last-minute appeal during this time to stop the divorce, but this is rare.

Updated on 30 June 2022
Wellness

It's normal to feel tense or emotional at this point. Take a break if you need to.