What is a Divorce Certificate?
A divorce certificate is an official document that serves as proof that a marriage has been legally dissolved. This certificate is necessary for various legal and personal matters, including remarriage. Obtaining a Divorce Certificate in Ontario, however, requires following a structured legal process that begins with securing a divorce order from the court.
The Process of Obtaining a Divorce Certificate
To obtain a Divorce Certificate in Ontario, an individual must first acquire a divorce order. A divorce order is granted by the court upon the successful completion of divorce proceedings. These proceedings can be initiated either independently by one spouse or jointly by both partners. Once the court grants a divorce order, the couple is legally divorced 31 days after the order’s date.
Once the divorce order is finalized, an individual can apply for a divorce certificate by providing the necessary documents and paying a fee. The required documents to get a Divorce Certificate in Ontario include:
- A copy of the divorce order
- A completed Form 36B: Certificate of Divorce
- A court fee of $25, payable via credit card, cash, cheque, or money order made out to the Minister of Finance
What to Do If a Divorce Order Is Missing
If an individual does not have a copy of their divorce order, they must provide specific information to locate it, including:
- The name and address of the court that granted the divorce
- The court file number
- The year of the divorce
These details can typically be found in the court documents used when initially applying for the divorce.
If the required details are unavailable, the Central Registry of Divorce Proceedings may be able to assist in locating the court and providing a registration number. Individuals needing this service to obtain a Divorce Certificate in Ontario can contact the registry at 613-957-4519.
Methods of Applying for a Divorce Certificate
There are three main ways to apply for a Divorce Certificate in Ontario: online, in person, or by mail.
Online Application Process
To apply online, individuals must use the Justice Services Online website, which requires a My Ontario Account. Previously, a ONe-key ID was used, but those accounts can now be transferred to the My Ontario Account system.
The online application process involves:
- Submitting properly completed and signed documents in PDF or Word format
- Paying the necessary fee using a Visa, Mastercard, or debit card
- Receiving an on-screen confirmation upon submission (this should be printed or saved)
The court processes the application within five business days, after which an email is sent to inform the applicant whether:
- The documents have been accepted, and the divorce certificate is sent as an email attachment
- The documents have been rejected, with an explanation, and any fees paid will be refunded
If rejected, applicants can correct the errors and resubmit online or apply in person or by mail.
In-Person Application Process
For those who prefer an in-person application, the necessary documents and payment must be brought to the same court where the divorce was processed. Since courts have specific operating hours, it is advisable to check with the court beforehand.
After submission:
- The divorce certificate is mailed to the applicant
- Arrangements may be made for in-person pickup
- If there are errors in the application, the court will return the rejected documents with an explanation
Mail-In Application Process
Applicants can also apply by mail by sending the required documents and payment to the court where the divorce was originally granted.
- The divorce certificate is mailed to the applicant
- If any part of the application is incomplete or incorrect, the court will return the documents with a letter explaining the issues
Conclusion
Obtaining a divorce certificate is a crucial step for individuals who have finalized their divorce and need legal proof of their marital status. The process involves acquiring a divorce order, ensuring all necessary documents are available, and selecting the most convenient application method to get a Divorce Certificate in Ontario.
Need Help With Your Divorce Certificate?
If you need assistance obtaining your Divorce Certificate in Ontario or have questions about the process, our experienced family law team at Progressive Legal Solutions is here to help. Contact us today for expert guidance and support to ensure a smooth and stress-free experience.
Written By Keanin Parish