Breaking up your family is sometimes the only option and when it is, you may be wondering where to get divorce papers and why you need them. Let us shed some light on the subject.
Do you qualify for divorce?
Divorces are not handed out like candy. There are an application process and pre-qualifications. To be granted divorce papers you must prove that you have lived apart or were separated for at least one year, one party committed adultery, one party was physically or mentally abusive to the other, and you must satisfy the court that reasonable arrangements for any children have been made.
Provincial or Supreme courts?
Most divorces can be granted in Provincial court. You can apply to the Supreme Court if you need help to settle unresolved property issues.
Where do I get my divorce papers?
You must wait 31 days after being granted a divorce to apply for your divorce certificate. First, be sure you know where your divorce was filed. At which point you can apply in person at the Supreme Court registry where you filed for divorce and bring a $40 certificate fee. You can also apply by mail to the same Supreme Court registry along with a letter including:
- Your court file number and full names of both parties
- Your mailing address and phone number
- A cheque or money order for $50 payable to the Ministry of Finance (this includes a $10 mailing fee)
Why do you need divorce papers?
Divorce papers can be used when you need to prove that the marriage has been dissolved. If you are remarrying, your divorce certificate can be used as proof of this dissolution so you can remarry. In most jurisdictions in Canada, you can also use your divorce order as proof, but if you don’t want to share all the details, a divorce certificate is still often a valid legal option.
If you would like legal advice or representation in your divorce case, fill in our questionnaire and a lawyer from our team will contact you regarding your case.