An application for an uncontested divorce can be brought in three ways:
This article is intended to address the procedure for bringing a Simple Application.
Before you bring the divorce application, you must determine where to start your case. Generally, you should bring the application in the court in the municipality where you live.
In order to bring the application, you will have to complete the following forms:
If you have had previous family court cases, you will also need to complete Form 8E- A Summary of Court Cases.
Once the required forms are completed, you need to make two copies of the Application, including any attachments. One copy should be retained in your files and the other copy will need to be served on your spouse (the “respondent”). The original must be taken to the court office along with your original marriage certificate for filing.
At the court office, the staff will assign a file number to your case; put a court seal on the application; and, collect a filing fee.
The Registration of Divorce Proceeding Form is used to notify the Central Registry of Divorce Proceedings at the federal Department of Justice. The Central Registry of Divorce Proceedings will check its database to see if either of the parties has registered any other divorce applications. If no other divorce applications appear on the Registry, a Clearance Certificate is issued to the Court.
Once the court staff has filed the Application, you must arrange to provide the respondent with a copy of the completed application, including attachments. These documents must be handed personally to the respondent or to the respondent’s lawyer or mailed with an Acknowledgement of Service Card. Once the application has been served on the respondent, the person who served it must complete the Affidavit of Service- Form 6B, and the Affidavit of Service must be filed with the court office.
The respondent will then have an opportunity to file an Answer if he or she wishes to oppose the divorce. If no answer is served on you or filed at the court by the respondent within 30 days of service (60 days if served outside Canada or the United States), you can then proceed to apply to the court for a Divorce Order.
If no answer has been served on you by the respondent, you are required to complete the following forms in order to obtain a Divorce Order:
Once the second set of forms are complete, you must make one copy of the Affidavit for Divorce, including any attachments, and four copies of the Divorce Order. One copy of the Affidavit of Divorce and draft Divorce Order should be kept in your file. Three copies of the Draft Divorce, along with the original Affidavit of Divorce, must then be filed with the court and any applicable fees must be paid.
Your completed file is then sent to a judge to be reviewed. Neither you nor the respondent are required to appear before the judge. If the judge is satisfied with the material, he or she will grant the Divorce Order, and the court office will sign it and send both you and the respondent a copy.
The Certificate of Divorce is proof that the divorce has been granted; however, it is not automatically sent to you or the respondent, it must be requested from the court and an additional fee must be paid. Once the court staff obtains the request, they will check the file to ensure that there has been no appeal of the Order. If everything is clear, the certificate is issued.