Are you eligible for an uncontested divorce?

Only if you can answer yes to ALL of these questions

1. Have you and your spouse lived separate and apart for more than one year?

2. Have either you or your spouse lived in your province continually for at least one year prior to starting the divorce process?

3. Do you know the whereabouts of your spouse (for the purpose of serving documents)?

4. Are you certain that no other divorce proceedings have been started by you or your spouse in any other place in Canada?

5. Have ALL disputes between you and your spouse been agreed upon?

   This includes matters like:

   • division of family property

   • child custody and access

   • child support

   • spousal support

STEP ONE
Forms for all Provinces

Obtain the appropriate forms for your province here and read the instructions carefully

The following is general information and the terms and forms required may be slightly different in your province

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").

Take the original and two copies of your documents 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.

Make sure you have inserted the court file number on your copies if the clerk does not do so.

Keep copies of all your documents, correspondence and forms.

A 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.

STEP TWO
Serving the Documents Find Process Servers

Once the court staff has filed the Application, you must arrange to provide the respondent with a copy of the completed application, including all 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 an Affidavit of Service 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.

STEP THREE
Completing the Second Set of Forms

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:

Forms may have different names in different provinces
• An Affidavit for Divorce-
• 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.

STEP FOUR
Review by a Judge

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 send both you and the respondent a copy.

STEP FIVE
YOU STILL NEED PROOF OF YOUR DIVORCE:

How and Where to ObtainYour Certificate of Divorce which is the only official and recognized proof of divorce

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.