Simple Divorce Procedure: Step by Step (3:VI) - Revision history

LSLAP at 16:48, 10 November 2025

2025-11-10T16:48:43Z

← Older revision		Revision as of 16:48, 10 November 2025
Line 1:		Line 1:
	{{REVIEWED LSLAP \| date= ~~June 23~~, ~~2024~~}}		{{REVIEWED LSLAP \| date= November 8, 2025}}
	{{LSLAP Manual TOC\|expanded = family}}		{{LSLAP Manual TOC\|expanded = family}}
	The following are steps to help applicants through the process.		The following are steps to help applicants through the process.

LSLAP at 16:29, 10 November 2025

2025-11-10T16:29:54Z

← Older revision		Revision as of 16:29, 10 November 2025
Line 125:		Line 125:
	If there are special circumstances such that the parties would both agree to a quick divorce, the respondent can waive the waiting period after service by filing a Response to Family Claim. Both parties would then sign a waiver of appeal. However, waiving the waiting period will only speed up the procedure by a few weeks as the waiting period for appeal is 31 days.		If there are special circumstances such that the parties would both agree to a quick divorce, the respondent can waive the waiting period after service by filing a Response to Family Claim. Both parties would then sign a waiver of appeal. However, waiving the waiting period will only speed up the procedure by a few weeks as the waiting period for appeal is 31 days.

	The Court might not advance the date of divorce merely because of an impending birth or marriage. The Court must be “of the opinion that by reason of special circumstances the divorce should take effect earlier,” and the spouses must agree not to appeal the decision: ''DA'', s. 12(2). The courts have interpreted “special circumstances” very strictly, and grant a quick divorce in exceptional cases only, e.g. where the immigration status of the claimant’s fiancée is in jeopardy. The courts tend not to consider pregnancy or ordinary remarriage to be “special circumstances.”		The Court might not advance the date of divorce merely because of an impending birth or marriage. The Court must be “of the opinion that by reason of special circumstances the divorce should take effect earlier,” and the spouses must agree not to appeal the decision: ''DA'', s 12(2). The courts have interpreted “special circumstances” very strictly, and grant a quick divorce in exceptional cases only, e.g. where the immigration status of the claimant’s fiancée is in jeopardy. The courts tend not to consider pregnancy or ordinary remarriage to be “special circumstances.”

	{{LSLAP Manual Navbox\|type=chapters1-7}}		{{LSLAP Manual Navbox\|type=chapters1-7}}

LSLAP: /* 1. Serving Divorce Papers Outside Canada */

2025-11-10T16:29:30Z

1. Serving Divorce Papers Outside Canada

← Older revision		Revision as of 16:29, 10 November 2025
Line 86:		Line 86:
	#The client may then serve the documents outside of Canada. The Department of Authentication of Documents will help serve the documents. Their mailing address is:		#The client may then serve the documents outside of Canada. The Department of Authentication of Documents will help serve the documents. Their mailing address is:

	::'''Foreign Affairs and International Trade Canada'''		:::'''Foreign Affairs and International Trade Canada'''
	::Legal Advisory Division (JLAC)		:::Legal Advisory Division (JLAC)
	::125 Sussex Drive		:::125 Sussex Drive
	::Ottawa, Ontario K1A 0G2		:::Ottawa, Ontario K1A 0G2

	This office in Ottawa will in turn forward the documents to the appropriate consulate office. The charge will be billed to the client at the end and is usually $50.		This office in Ottawa will in turn forward the documents to the appropriate consulate office. The charge will be billed to the client at the end and is usually $50.

LSLAP: /* 1. Serving Divorce Papers Outside Canada */

2025-11-10T16:29:16Z

1. Serving Divorce Papers Outside Canada

← Older revision		Revision as of 16:29, 10 November 2025
Line 80:		Line 80:
	To comply with the requirements of this form of service, the client must forward service documents to the Consulate:		To comply with the requirements of this form of service, the client must forward service documents to the Consulate:

	~~:1.~~ A copy of the Notice of Family Claim;		#A copy of the Notice of Family Claim;
	~~:2.~~ A partially completed Affidavit of Service (Form F15);		#A partially completed Affidavit of Service (Form F15);
	~~:3.~~ Exhibit “A” to the Affidavit of Service (i.e. a copy of the Notice of Family Claim); OR		#Exhibit “A” to the Affidavit of Service (i.e. a copy of the Notice of Family Claim); OR
	~~:4.~~ If the country in which the respondent lives is a contracting state under the Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, the respondent can be served using Forms F12, F13, and F14. See the Supreme Court Family Rule 6-5 for more details.		#If the country in which the respondent lives is a contracting state under the Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, the respondent can be served using Forms F12, F13, and F14. See the Supreme Court Family Rule 6-5 for more details.
	~~:5.~~ The client may then serve the documents outside of Canada. The Department of Authentication of Documents will help serve the documents. Their mailing address is:		#The client may then serve the documents outside of Canada. The Department of Authentication of Documents will help serve the documents. Their mailing address is:

	::'''Foreign Affairs and International Trade Canada'''		::'''Foreign Affairs and International Trade Canada'''

LSLAP: /* B. Joint Application */

2025-11-10T16:28:57Z

B. Joint Application

← Older revision		Revision as of 16:28, 10 November 2025
Line 61:		Line 61:
	'''Step 3''': One or both parties attend Court to apply for the divorce order. This requires:		'''Step 3''': One or both parties attend Court to apply for the divorce order. This requires:

	~~:a)~~ A requisition in Form F35 requesting an order that the parties be divorced;		#A requisition in Form F35 requesting an order that the parties be divorced;
	~~:b)~~ A draft of the order sought;		#A draft of the order sought;
	~~:c)~~ A certificate of the registrar in Form F36;		#A certificate of the registrar in Form F36;
	~~:d)~~ One affidavit in support of the application, sworn after the Notice of Family Claim or Notice of Joint Family Claim has been filed which includes proof of the allegations made regarding the breakdown of the marriage;		#One affidavit in support of the application, sworn after the Notice of Family Claim or Notice of Joint Family Claim has been filed which includes proof of the allegations made regarding the breakdown of the marriage;
	~~:e)~~ A child support affidavit in Form F37, if there are children; and		#A child support affidavit in Form F37, if there are children; and
	~~:f)~~ The filing fee.		#The filing fee.

	A second affidavit in support of the application must be sworn and filed after the Notice of Joint Family Claim has been filed. That affidavit can be sworn at the court registry immediately after the filing of the other materials.		A second affidavit in support of the application must be sworn and filed after the Notice of Joint Family Claim has been filed. That affidavit can be sworn at the court registry immediately after the filing of the other materials.

LSLAP: /* A. Sole Application */

2025-11-10T16:28:34Z

A. Sole Application

← Older revision		Revision as of 16:28, 10 November 2025
Line 34:		Line 34:
	'''Step 8''': The claimant applies for the divorce order. This requires:		'''Step 8''': The claimant applies for the divorce order. This requires:

	~~:a)~~ A requisition in Form F35 requesting an order that the parties be divorced;		#A requisition in Form F35 requesting an order that the parties be divorced;
	~~:b)~~ A draft of the order sought;		#A draft of the order sought;
	~~:c)~~ The original of the affidavit of service complete with all exhibits and any supplementary affidavits confirming the identification of the respondent;		#The original of the affidavit of service complete with all exhibits and any supplementary affidavits confirming the identification of the respondent;
	~~:d)~~ A certificate of the registrar in Form F36;		#A certificate of the registrar in Form F36;
	~~:e)~~ A requisition requesting a search for any Response to Family Claim;		#A requisition requesting a search for any Response to Family Claim;
	~~:f)~~ An affidavit, sworn within 30 days of the date on which the application is made, in support of the application (Form F38). This affidavit must be sworn after the time for the respondent to file a Response to Family Claim has expired (no earlier than one year after the date of separation if the ground of divorce is that the spouses have lived separate and apart for one year). The affidavit must include proof of the allegations made regarding the breakdown of the marriage or (in the case where the only ground of divorce is that the spouses have lived one year separate and apart) a sworn statement that the facts in the Notice of Family Claim are true;		#An affidavit, sworn within 30 days of the date on which the application is made, in support of the application (Form F38). This affidavit must be sworn after the time for the respondent to file a Response to Family Claim has expired (no earlier than one year after the date of separation if the ground of divorce is that the spouses have lived separate and apart for one year). The affidavit must include proof of the allegations made regarding the breakdown of the marriage or (in the case where the only ground of divorce is that the spouses have lived one year separate and apart) a sworn statement that the facts in the Notice of Family Claim are true;
	~~:g)~~ A child support affidavit in Form F37, if there are children; and		#A child support affidavit in Form F37, if there are children; and
	~~:h)~~ The filing fee.		#The filing fee.

	When the divorce is based on adultery or cruelty, proof of the adulterous or cruel conduct must be filed in affidavit form. Proof of adultery might consist of the respondent’s admission to the adulterous conduct. Proof of cruelty will usually consist of the affidavits of third parties, or letters from treating physicians, psychologists or psychiatrists attached to an affidavit as exhibits.		When the divorce is based on adultery or cruelty, proof of the adulterous or cruel conduct must be filed in affidavit form. Proof of adultery might consist of the respondent’s admission to the adulterous conduct. Proof of cruelty will usually consist of the affidavits of third parties, or letters from treating physicians, psychologists or psychiatrists attached to an affidavit as exhibits.

LSLAP: /* 3. Amending a Document */

2025-11-09T23:15:11Z

3. Amending a Document

← Older revision		Revision as of 23:15, 9 November 2025
Line 104:		Line 104:

	*Once without leave of the Court, at any time before delivery of the notice of trial or hearing; and		*Once without leave of the Court, at any time before delivery of the notice of trial or hearing; and

	*At any time with the written consent of all the parties.		*At any time with the written consent of all the parties.

Line 116:		Line 115:

	*The opposing party must amend the Response to Family Claim or Response to Counterclaim only with respect to any matter raised by the amendments to the Notice of Family Claim or Counterclaim; and		*The opposing party must amend the Response to Family Claim or Response to Counterclaim only with respect to any matter raised by the amendments to the Notice of Family Claim or Counterclaim; and

	*The period for filing and delivering an amended Response to Family Claim or a Response to Counterclaim to an amended Notice of Family Claim or amended Counterclaim is 14 days after the amended pleading is delivered. Where a party does not serve an amended Response as provided in 8-1(5), the party shall be deemed to rely upon their original Response.		*The period for filing and delivering an amended Response to Family Claim or a Response to Counterclaim to an amended Notice of Family Claim or amended Counterclaim is 14 days after the amended pleading is delivered. Where a party does not serve an amended Response as provided in 8-1(5), the party shall be deemed to rely upon their original Response.

LSLAP: /* C. Special Problems */

2025-11-09T23:14:55Z

C. Special Problems

← Older revision		Revision as of 23:14, 9 November 2025
Line 81:		Line 81:

	:1. A copy of the Notice of Family Claim;		:1. A copy of the Notice of Family Claim;

	:2. A partially completed Affidavit of Service (Form F15);		:2. A partially completed Affidavit of Service (Form F15);

	:3. Exhibit “A” to the Affidavit of Service (i.e. a copy of the Notice of Family Claim); OR		:3. Exhibit “A” to the Affidavit of Service (i.e. a copy of the Notice of Family Claim); OR

	:4. If the country in which the respondent lives is a contracting state under the Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, the respondent can be served using Forms F12, F13, and F14. See the Supreme Court Family Rule 6-5 for more details.		:4. If the country in which the respondent lives is a contracting state under the Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, the respondent can be served using Forms F12, F13, and F14. See the Supreme Court Family Rule 6-5 for more details.

	:5. The client may then serve the documents outside of Canada. The Department of Authentication of Documents will help serve the documents. Their mailing address is:		:5. The client may then serve the documents outside of Canada. The Department of Authentication of Documents will help serve the documents. Their mailing address is:

LSLAP: /* B. Joint Application */

2025-11-09T23:14:42Z

B. Joint Application

← Older revision		Revision as of 23:14, 9 November 2025
Line 62:		Line 62:

	:a) A requisition in Form F35 requesting an order that the parties be divorced;		:a) A requisition in Form F35 requesting an order that the parties be divorced;

	:b) A draft of the order sought;		:b) A draft of the order sought;

	:c) A certificate of the registrar in Form F36;		:c) A certificate of the registrar in Form F36;

	:d) One affidavit in support of the application, sworn after the Notice of Family Claim or Notice of Joint Family Claim has been filed which includes proof of the allegations made regarding the breakdown of the marriage;		:d) One affidavit in support of the application, sworn after the Notice of Family Claim or Notice of Joint Family Claim has been filed which includes proof of the allegations made regarding the breakdown of the marriage;

	:e) A child support affidavit in Form F37, if there are children; and		:e) A child support affidavit in Form F37, if there are children; and

	:f) The filing fee.		:f) The filing fee.

LSLAP: /* A. Sole Application */

2025-11-09T23:14:17Z

A. Sole Application

← Older revision		Revision as of 23:14, 9 November 2025
Line 18:		Line 18:

	:'''Service by a friend''': The friend should know the respondent, but not be involved in the divorce in any way. When the friend serves the respondent, the friend should ask whether the respondent is Mr./Ms. X and ask for identification. It would be helpful, although not mandatory, to give the friend a picture of the respondent. The friend will then have to swear an affidavit of personal service and say how they identified the spouse (''Supreme Court Family Rules'', R. 6-3).		:'''Service by a friend''': The friend should know the respondent, but not be involved in the divorce in any way. When the friend serves the respondent, the friend should ask whether the respondent is Mr./Ms. X and ask for identification. It would be helpful, although not mandatory, to give the friend a picture of the respondent. The friend will then have to swear an affidavit of personal service and say how they identified the spouse (''Supreme Court Family Rules'', R. 6-3).

	:'''Service by a Process Server''': Process Servers are listed online. They require the home and business addresses of the respondent, the telephone numbers, and a photograph of the respondent. They will also need two copies of the Notice of Family Claim, one for the spouse, and one to staple to the affidavit of personal service.		:'''Service by a Process Server''': Process Servers are listed online. They require the home and business addresses of the respondent, the telephone numbers, and a photograph of the respondent. They will also need two copies of the Notice of Family Claim, one for the spouse, and one to staple to the affidavit of personal service.

	:'''Substitute Service''': Evidence of efforts to find the respondent will be required before an order for substitute service can be granted. Some methods of finding the respondent are:		:'''Substitute Service''': Evidence of efforts to find the respondent will be required before an order for substitute service can be granted. Some methods of finding the respondent are:

	::*Calling or writing to relatives (usually the most successful);		::*Calling or writing to relatives (usually the most successful);

	::*Advertising in a local newspaper;		::*Advertising in a local newspaper;

	::*Writing to the Superintendent of Motor Vehicles to see if any vehicles have been registered in their name. The client should ask whether any fees will be incurred before proceeding;		::*Writing to the Superintendent of Motor Vehicles to see if any vehicles have been registered in their name. The client should ask whether any fees will be incurred before proceeding;

	::*Asking the local police if they have any information on their whereabouts, although they are usually reluctant to help;		::*Asking the local police if they have any information on their whereabouts, although they are usually reluctant to help;

	::*Using a credit bureau or collection agency;		::*Using a credit bureau or collection agency;

	::*Asking friends of the respondent about their current address; or		::*Asking friends of the respondent about their current address; or

	::*Searching on Google and social media sites such as Facebook.		::*Searching on Google and social media sites such as Facebook.

Line 44:		Line 35:

	:a) A requisition in Form F35 requesting an order that the parties be divorced;		:a) A requisition in Form F35 requesting an order that the parties be divorced;

	:b) A draft of the order sought;		:b) A draft of the order sought;

	:c) The original of the affidavit of service complete with all exhibits and any supplementary affidavits confirming the identification of the respondent;		:c) The original of the affidavit of service complete with all exhibits and any supplementary affidavits confirming the identification of the respondent;

	:d) A certificate of the registrar in Form F36;		:d) A certificate of the registrar in Form F36;

	:e) A requisition requesting a search for any Response to Family Claim;		:e) A requisition requesting a search for any Response to Family Claim;

	:f) An affidavit, sworn within 30 days of the date on which the application is made, in support of the application (Form F38). This affidavit must be sworn after the time for the respondent to file a Response to Family Claim has expired (no earlier than one year after the date of separation if the ground of divorce is that the spouses have lived separate and apart for one year). The affidavit must include proof of the allegations made regarding the breakdown of the marriage or (in the case where the only ground of divorce is that the spouses have lived one year separate and apart) a sworn statement that the facts in the Notice of Family Claim are true;		:f) An affidavit, sworn within 30 days of the date on which the application is made, in support of the application (Form F38). This affidavit must be sworn after the time for the respondent to file a Response to Family Claim has expired (no earlier than one year after the date of separation if the ground of divorce is that the spouses have lived separate and apart for one year). The affidavit must include proof of the allegations made regarding the breakdown of the marriage or (in the case where the only ground of divorce is that the spouses have lived one year separate and apart) a sworn statement that the facts in the Notice of Family Claim are true;

	:g) A child support affidavit in Form F37, if there are children; and		:g) A child support affidavit in Form F37, if there are children; and

	:h) The filing fee.		:h) The filing fee.