by Dave Kelly
In terms of public information, it doesn’t come much better anywhere else than in the US. Public Records is one example to that claim. There are various public record categories at the disposal of anyone who seeks them and this is actually required by law (Freedom of Information Act 966). One of the most widely searched categories is State Divorce Records.
At a basic level, the information contained in public divorce records includes personal particulars of the divorcing parties and those of their children if any, time and place of both the divorce and the marriage at hand, asset division, alimony and other settlement, filing number, children custody, grounds for divorce, restraining orders and final decree.
If you know the very courthouse where the divorce proceedings were conducted, that’s the quickest source of divorce records. Otherwise, they can be requested at the various government agencies responsible for it. This is a public service and any member of the public is entitled to free divorce records but there are rules and regulations to observe.
As divorce data come under state jurisdiction, there are differences in the laws governing them. Some states are stringent while others are easy-going. Along with other public data, these are uploaded to the central state repository while the respective county courthouses maintain their own set.
Divorce records is one of the most widely searched public records. It is most commonly used in checking the marital, or more precisely, the divorce background of a prospective spouse, as requisite for a divorcee who is applying to re-marry, locating natural parents by separated children and genealogy studies. Although it’s a public record, its use may be subject to restrictions.
The above information can also be purchased. There are plenty of commercial Public Divorce Records providers retailing on the internet with highly professional service. Fees are involved but they are usually very reasonable, given the immense competition in the industry. On top of government data and information, they often bring extras from their private networks.
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In Canada divorce records are much more difficult to access. I am not aware of any means other than actually going to the court office which processed the divorce and requesting the file. Moreover, I am not aware that anyone other than one of the parties or their legal representative will be given access to the file. If anyone knows differently, I would be very happy if you would provide some details.
The only document you are certain to need to file, other than the divorce documents themselves, is your original marriage certificate. If you don’t have the original you can file a certified copy but you must obtain the certified copy directly from the issuing jurisdiction. You can find links to assist you in obtaining a certified copy of your marriage certificate here.
If you married abroad and your marriage certificate is in a language other than English of French you will need to have it translated. That is the only document, other than your divorce documents and the papers you will obtain through the divorce process itself that you will need to file. The only exception to not needing to file any other documents is in the case where there are children under the age of majority or otherwise still financially dependent upon you and your spouse for support. In those cases, depending on other circumstances, you may need to file financial documents showing your gross annual income.
The usual rule is that, if you have agreed that one spouse will pay the Federal along with all Notices of Assessment and Reassessment. However, the courts in some provinces, including BC, Ontario, and Alberta, often waive this requirement where the spouses have agreed upon the child support to be paid.
Where there is an agreement but it is for an amount which is different from the Table amount, financial documents from both spouses may be required but again, often this is waived. It is best to check with the local court office to determine for sure what financial disclosure they will need in your case. However, even where these financial documents are not required, the information concerning gross annual incomes still needs to be included in the appropriate divorce forms.
“For a fast, low-cost, lawyer-free legal www.DivorceOnline.ca.”
In other posts we discussed the jurisdictional requirements for filing for divorce in any province or territory in Canada. But what about within the province? Which courthouse are you supposed to use?
It is the superior court in each province has jurisdiction over divorce cases. Here is a list of the names by which the superior court is known in each of the provinces and territories:
- Ontario: Superior Court of Justice
- Québec: Superior Court
- British Columbia: Supreme Court
- Alberta: Court of Queen’s Bench
- Manitoba: Court of Queen’s Bench
- Saskatchewan: Court of Queen’s Bench
- Nova Scotia: Supreme Court
- New Brunswick: Court of Queen’s Bench
- PEI: Supreme Court
- Newfoundland: Supreme Court
- Northwest Territories: Supreme Court
- Yukon: Supreme Court
- Nunavut: Court of Justice
In theory any of the court offices of these superior courts in your province can hear your case. However, unless you use the court office closest to the home or place of work of either you or your spouse there is a good chance that your documents will be refused.
Here is a list of websites where you can locate the appropriate office of the superior court in which to file your documents. Be sure to get the name of the court right.
Ontario divorce courts:
British Columbia divorce courts:
Alberta divorce courts:
Manitoba divorce courts:
Saskatchewan divorce courts:
Nova Scotia divorce courts:
New Brunswick divorce courts:
However New Brunswick is a special case. In order to file your divorce documents in New Brunswick you need to mail them to the divorce registry in Fredericton. The address is the same as the Court of Queen’s Bench in Fredericton.
PEI divorce courts:
Newfoundland divorce courts:
“For a fast, low-cost, lawyer-free legal www.DivorceOnline.ca.”
First, “quick” is a relative term. Meal replacement drinks let you make and consume a quick meal in under a minute. But in terms of divorce, “quick” will still mean months, not minutes. Depending on the rules in place in your jurisdiction, even after you have filed all the necessary forms there will likely be a period of several weeks for the court staff to review and process the forms. If you have to serve documents on your spouse, there will be time required for that.
There will also likely be a period of waiting for a search to be done to ensure no application to terminate your marriage has been made by either you or your spouse in any other jurisdiction. Finally, there is usually a final waiting period of one month before your divorce becomes final. So with all that going on, your divorce will likely take several months even after you have filed your divorce papers.
However, there are certainly some things you can do to ensure the whole process takes as little time as possible. Probably the most significant will be in choosing how to prepare your divorce documents. If you hire a law firm, prepare to spend some money, and some time. Now, if you have issues which you have not been able to settle with your spouse either through direct negotiation or mediation, you should hire a lawyer rather than try to represent yourself or to simply concede the issue.
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