A divorce is a long and complex journey; and one that comes with a lot of paperwork. The documents that you’ll need for divorce in Ontario will differ based on the nature of the divorce – whether it’s a simple or joint divorce or if it’s an at-fault or no-fault divorce. One of the documents you’ll need for the divorce in Ontario is the affidavit of divorce (Form 36).
In this article, we’ll be touching up on what the affidavit for divorce is, how to fill it out, affidavit for divorce example, and everything else you’ll need to file for a divorce in Ontario.
The affidavit for divorce (Form 36) can be found attached to Form 36 Affidavit for Divorce PDF. Here are a few steps you need to take to fill it out properly:
1. Write down all the names, contact details, addresses, and the court file number
2. Certify that the information provided is correct and that there’s no chance of reconciliation
3. Provide all the necessary information about your Marriage Certificate
4. Mention why you’re seeking a divorce
5. Mention any claims of child custody, spouse maintenance, and shared assets
6. Provide the names of the children, their birthdates and the visiting arrangements you’ve mutually set
7. Put a line through any blank spaces
8. Get the document notarized
To file a divorce application in Ontario, you’ll have to file an application with the Ontario Superior Court of Justice. You can file this application in person and online as well.
For filing a divorce application in Ontario online, you and your spouse need to meet the following criteria:
1. That you’ve both been separated for at least 1 year
2. That you’re able to afford the divorce application
3. That you’ve been married in Canada
If you’ve been married outside of Canada, you need an electronic marriage certificate from that country – and this rule applies in the case of joint divorce only.
If you don’t meet the criteria mentioned above, you can still file an application for divorce in Ontario by visiting the Ontario Superior Court of Justice.
Another thing to note is that if, alongside the divorce application, there’s also the matter of child custody and visitation rights, then you’ll need to file your divorce application in the family court that’s located in the residence of your children.
In order to file a divorce application in Ontario, you’ll need to take the following steps:
1. Gather Your Documents
2. Filing Your Documents With the Court
3. Wait for the Court to Issue a Divorce Order
4. Obtain the Certificate of Divorce
The first thing that you’ll have to do is to decide whether you’re filing for a simple divorce or a joint divorce – both of these procedures require different documents, and we’ve touched on them in the sections below.
Once you’ve gathered all the necessary documents, you’ll need to make four copies of each of them, put them in a stamped envelope addressed to all the parties involved, and take them to the court. When you’ve handed over all the documents to the court, the court staff will assign your case a number and a date of hearing.
At this point, you’ll have to swear under oath to the contents of the Affidavit for Divorce Form 36. Additionally, you’ll be given a Registration of Divorce Proceeding form to fill up as well, which will be sent to the Department of Justice for clearance.
With the documentation wrapped up, and the case filed in the court, you’ll now have to wait for a period of 6 to 8 weeks for the court to issue a Divorce Order. Divorce order is a declaration by the court that all the documents have been verified and cleared. If the divorce is a joint divorce, it might take the court more than 6 to 8 weeks to issue the Divorce Order.
