Finding Divorce Files in Ontario


Archives of Ontario
Research Guide 210

 

Divorce files are typically filed at the county courthouse where the divorce hearing took place. They may include the petition for divorce, affidavits, the degree nisi and the decree absolute (also referred to as the judgement absolute). Some files may also include examinations, documents relating to child custody, copies of marriage certificates and photographs of the people involved. For divorces occurring in York County, see Research Guide 211: Finding York County Divorce Files.

 

Getting Started

 

STEP 1: When Did the Divorce Take Place?

In order to find a divorce file, you need to know when the divorce took place. There are three sources of records for divorces in Ontario. They cover the periods 1867 to 1930, 1931 to 1978, and 1979 to the present.

For divorces that were granted between 1867 and 1930:

Until 1930, only the Federal Parliament could grant a divorce in Ontario through a Resolution or an Act of Parliament. Couples had to have a private members bill (a bill that a Member of Parliament presented to the House of Commons) requesting that their divorce be granted.

All divorces granted by the Federal Parliament are indexed on the Library and Archives Canada's website. Divorces granted between 1867 and 1930 are also indexed in a book titled Index to Canadian Parliamentary Divorces, 1867-1930, by J. Brian Gilchrist and Nancy J. Duffy. This book is available in the Archives of Ontarios Reading Room and in major public libraries.

Resolutions and Acts of the Federal Parliament have been published, and most major libraries should hold a copy of them; see the Library and Archives Canada's website for further information. For a certified copy of the Resolution or Act of Parliament for a divorce (needed for legal purposes), you must contact:

Office of the Law Clerk and Parliamentary Counsel
Senate of Canada
1310-40 Elgin Street
Ottawa ON K1A 0A4
613-992-2416

For divorces that were granted between 1931 and 1978:

Since 1930, the Supreme Court of Ontario has had the power to grant a divorce. The Archives of Ontario holds all 19311978 Ontario divorce files. (The Archives has Wentworth County divorce files from 1931 to 1979.)

  • If the divorce occurred in York County (Toronto), please see Research Guide 211: Finding York County Divorce Files.
  • If you know only the approximate year of the divorce or the location where the divorce occurred, you will need to use an index either at the Archives or at the courthouse where the divorce was filed. (See Step 2 of this guide for more information.)
  • If you know the county/district, the file number, and the year of the divorce, you have the information that you need to obtain the divorce file. (See Step 3 of this guide for more information.)
  • If you do not find a reference to the divorce you are researching in the records mentioned under Steps 2 and 3 below, there is a small possibility that the divorce was granted through a resolution or act of Parliament (only up to July 1968). See the section on pre-1930 divorces above for more information.

For divorces that were granted from 1979 to the present:

These divorce files are available only through the local courthouse of the Superior Court of Justice where the divorce was filed. Table 2 in the Records section of this research guide lists the courthouse addresses and telephone numbers. You will need to find the file number and year of the divorce case. (See Step 2 of this guide.)

[Return to top of page]

STEP 2: Use the Indexes to Find the Divorce File

To find a divorce file, you need the file number, the year of the divorce and the name of the county or district where the divorce took place. Depending on when the divorce occurred, you will need to use either an Archives of Ontario index or an index at a county or district courthouse.

For divorces that were granted between 1931 and May 1949:

Go to the Archives or to the appropriate courthouse for the Index.
The divorce files for these years are available only through the Archives. Unfortunately, the Archives does not have a province-wide index for these files. Each county or district courthouse created its own local procedure/judgement books of Supreme Court Actions. The Archives of Ontario has some of these books, but most are still at the local courthouse where the divorce was filed. To find the location of these index books for specific years, see Table 1 in the Records section of this research guide

For divorces that were granted between June 1949 and 1969:

Go to the Archives for the Index. The Archives has Province-Wide Indexes to Applications for Decrees Absolute (Series RG 22-5816) listing all the Decrees Absolute (or Judgements Absolute) applied for in Ontario. The indexes contain the names of the spouse seeking the divorce and the defendant(s), the application date for the Decree Absolute, the city where the application was filed and the application number that the court issued. These indexes are available on microfilm in the Archives Reading Room.

Use Table 1 in the Records section of this research guide to find the microfilm reel that has the index for the year that the Decree Absolute was applied for (usually the same year that the divorce was granted). Look up the married surname.

For divorces that were granted between June 1949 and October 1964: Write down the application date of the Decree Absolute and the city where the divorce was granted. Before you order the Divorce File, you will need to consult a second index in order to obtain the file number assigned to the divorce proceedings. Consult Table 2 at the end of this guide in order to determine whether the index for the year that you need is at the Archives or still at the courthouse.

For divorces granted between November 1964 and 1969: Write down the file number (generally the number on the first line), the year, and the city from the "Place-Writ No." column. Then, go to Step 3.

For divorces granted from July 1968 to the present:

Contact the Central Registry of Divorce Proceedings (CRDP). This is a Canada-wide index of divorces. It began in July 1968. If you provide it with your full name and birth date as well as the name of your former spouse and the approximate date of your divorce, the CDRP can supply the number of the courthouse where the divorce took place, and the file number and year that you need to get your divorce file. Contact the CDRP at:

Department of Justice
Central Registry of Divorce Proceedings
339 Wellington Street
Ottawa, Ontario, Canada K1A 0H8
613-957-4519

If you are looking for another persons divorce file, you must use the indexes produced by the Supreme Court of Ontario in order to obtain the file number. See Table #2 at the end of this research guide to find out if the index for he year of the divorce you are researching is with the Archives or the Courthouse.

Divorce files prior to 1979 (as well as 1979 files for Wellington County) are available only through the Archives of Ontario. Divorce files for 1979 and after are available only through the local courthouse where the divorce was filed. Table 2 also contains a list of courthouse numbers, addresses and telephone numbers.

 

 

STEP 3: Ordering a 1931-1978 Divorce File at the Archives of Ontario

Once you have the file number, the year when the divorce case began, the date it was granted and the county or district where the divorce took place, you have the information to order the divorce file. At this point, you should decide what documents you need from the Archives.

Do you need a certified copy of the Decree Absolute (or Judgement Absolute) granting the divorce?

The Archives divorce files are stored at an off-site location. It may take up to 10 business days to retrieve, copy and certify a Decree Absolute. There is a $25.00 fee (plus HST) for certification. The certified copy can be mailed to you or picked up in person.

OR

Do you need to see the entire file?

The Archives divorce files are stored at an off-site location. It takes a minimum of one business day to retrieve them. Please note that original files can be viewed only in the Archives Reading Room in Toronto. Copies can be ordered by telephone if you know which documents are required. There may be a charge for photocopying.

To request a divorce file, contact the Archives of Ontario; contact information appears at the end.


THE RECORDS

 

Tables 1 and 2 provide detailed information on finding divorce files in Ontario.

 

TABLE #1: Locating Decrees Absolute (or Judgements Absolute)

TABLE #1: Province-Wide Indexes to Applications for Decrees Absolute (Available on microfilm in Archives' Reading Room)
Year(s) Indexed Microfilm Reel Year(s) Indexed Microfilm Reel
1949-1951 MS 5077 1962 MS 5086
1951-1952 MS 5078 1963 MS 5087
1953-1954 MS 5079 1964 MS 5088
1955-1956 MS 5080 1965 MS 5089
1957 MS 5081 1966 MS 5090
1958 MS 5082 1967 MS 5091
1959 MS 5083 1968 MS 5092
1960 MS 5084 1969 MS 5093
1961 MS 5085 1970-1978* MS 5094
* The Index for these years list divorce actions begun before June 1968 but where the Application for the Decree Absolute was not completed until 1970-1978.

[Return to top of page]

TABLE #2: Locating Ontario Courthouses and Supreme Court Indexes

County/District Courthouse Address Indexes are located at:
Algoma
Court #3539
Superior Court of Justice
426 Queen Street East
Sault Ste. Marie
, Ontario
P6A 1Z7
705-945-8000, ext. 450
Contact the Courthouse for indexes.
Brant
Court #3505
Superior Court of Justice
70 Wellington Street
Brantford
, Ontario
N3T 2L9
519-752-7828
At AO: Series RG22-1117
Judgement Books, 1931-1954 After 1954, contact the Courthouse for indexes.
Bruce
Court #3544
Superior Court of Justice
207 Cayley Street
Walkerton, Ontario
N0G 2V0 519-881-1052
At AO: Series RG22-1204
Procedure Book, 1932-1954 After 1954, contact the Courthouse for indexes.
Carleton
Court #3528
Superior Court of Justice
161 Elgin Street, 2nd Floor
Ottawa
, Ontario
K2P 2K1 613-239-1560
At AO: Series RG22-1304
Procedure Books, 1930-1971
Cochrane
Court #3510
Superior Court of Justice
149 Fourth Ave.
Cochrane
, Ontario
P0L 1C0 705-272-4256
At AO: Series RG22-1404
Procedure Book, 1921-1938 After 1938, contact the Courthouse for indexes.
Dufferin
Court #3527
Superior Court of Justice
10 Louisa Street, 1st Floor
Orangeville
, Ontario
L9W 3P9
519-941-5802
Contact the Courthouse for indexes.
Durham, United Counties of Northumberland & - see Northumberland & Durham
Durham
Court #3546
Superior Court of Justice
605 Rossland Road East
Whitby
, Ontario
L1N 9G7 905-430-5800
At AO: series RG 22 3804
Procedure Books, 1931-1970
series RG 22 3803
Divorce Procedure Book, 1971-1972
series RG 22 1603
Divorce Procedure Books, 1973-1976
After 1976, contact the courthouse for indexes.
Elgin
Court #3537
Superior Court of Justice
145 Curtis Street
PO Box 310, Station Main
St. Thomas
, Ontario
N5P 3T9 519-633-1720
Contact the Courthouse for indexes.
Essex
Court #3547
Superior Court of Justice
245 Windsor Avenue
Windsor
, Ontario
N9A 1J2 519-973-6620
At AO: Series RG22-1804
Procedure Books/Indexes, 1931-1978
Frontenac
Court #3519
Unified Family Court
469 Montreal Street
Kingston
, Ontario
K7K 3H9 613-548-6789
Contact the Courthouse for indexes.
Glengarry - see Stormont, Dundas & Glengarry
Grenville - see Leeds
Grey
Court #3529
Superior Court of Justice
611- 9th Avenue East
Owen Sound
, Ontario
N4K 6Z4 519-370-2430
Contact the Courthouse for indexes.
Haldimand
Court #3507
Superior Court of Justice
55 Munsee Street
Cayuga
, Ontario
N0A 1E0 905-772-3335
At AO: Series RG22-2104
Procedure Book, 1931-1967 After 1967, consult the Province-Wide Indexes to Applications for Decrees Absolute (Step 2 in this guide).
Haliburton - see Victoria
Halton
Court #3524
Superior Court of Justice
491 Steeles Avenue East
Milton
, Ontario
L9T 1Y7 905-878-4165
Contact the Courthouse for indexes.
Hamilton-Wentworth - see Wentworth
Hastings
Court #3502
Superior Court of Justice
235 Pinnacle Street
Belleville
, Ontario
K8N 3A9 613-962-9106
Contact the Courthouse for indexes.
Huron
Court #3513
Superior Court of Justice
1 Courthouse Square
Goderich, Ontario
N7A 1M2 519-524-2519
Contact the Courthouse for indexes.
Kenora
Court #3518
Superior Court of Justice
216 Water Street, Room 211
Kenora
, Ontario
P9N 1S4 807-468-2842
At AO: Series RG22-2504
Procedure Books, 1931-1959

After 1959, contact the Courthouse for indexes.
Kent
Court #3508
Superior Court of Justice
425 Grand Ave. West
Chatham
, Ontario
N7M 6M8 519-355-2200
At AO: Series RG22-2604
Procedure Books, 1931-1959

After 1959, contact the Courthouse for indexes.
Lambton
Court #3538
Superior Court of Justice
700 Christina Street North
Suite 106
Sarnia
, Ontario
N7V 3C2 519-333-2950
Contact the Reference Archivist for further information.
Lanark
Court #3532
Superior Court of Justice
43 Drummond Street East
Perth
, Ontario
K7H 1G1 613-267-2021
Contact the Reference Archivist for further information.
Leeds &
Grenville
Court #3506
Superior Court of Justice
41 Court House Square
Brockville
, Ontario
K6V 7N3
613-345-2800
Contact the Courthouse for indexes.
Lennox &
Addington
Court #3525
Unified Family Court
41 Dundas Street West
Napanee
, Ontario
K7R 1Z5
613-354-3845
Contact the Courthouse for indexes.
Lincoln
Court #3536
Superior Court of Justice
59 Church Street, 1st Floor
St. Catharines
, Ontario
L2R 7N8 905-988-6200
Contact the Courthouse for indexes.
Manitoulin
Court #3514
Superior Court of Justice
27 Phipps Street
Gore Bay
, Ontario
P0P 1H0 705-282-2461
Contact the Reference Archivist for further information.
Middlesex
Court #3522
Unified Family Court
80 Dundas Street
Unit A
London
, Ontario
N6A 6A3
519-660-3044
At AO: Series RG22-3304
Procedure Books, 1931-1975

Series RG22-3308
Divorce Procedure Book, 1976 After 1976, contact the Courthouse for indexes.
Muskoka
Court #3503
Superior Court of Justice
3 Dominion Street North
Bracebridge
, Ontario
P1L 2E6 705-645-8793
Contact the Reference Archivist for further information.
Niagara North - see Lincoln
Niagara South - see Welland
Nipissing
Court #3526
Superior Court of Justice
360 Plouffe Street
North Bay
, Ontario
P1B 9L5 705-495-8309
Contact the Courthouse for indexes.
Norfolk
Court #3540
Superior Court of Justice
50 Frederick Hobson VC Drive
Simcoe
, Ontario
N3Y 4L5
519-426-6550
At AO: Series RG22-3604
Procedure Books, 1931-1965 After 1965, consult the Province-Wide Indexes to Applications for Decrees Absolute (Step 2 in this guide).
Northumberland
& Durham
Court #3509
Superior Court of Justice
860 William Street
Cobourg
, Ontario
K9A 3A9 905-372-3751
At AO: Series RG22-3723
Procedure Books, 1931-1969
Ontario (Pre-1974 files) - see Durham
Ottawa-Carleton - see Carleton
Oxford
Court #3548
Superior Court of Justice
415 Hunter Street, PO Box 70
Woodstock
, Ontario
N4S 7W5 519-539-6187
Contact the Courthouse for indexes.
Parry Sound
Court #3530
Superior Court of Justice
89 James Street
Parry Sound
, Ontario
P2A 1T7 705-746-4251
Contact the Courthouse for indexes.
Peel
Court #3504
Superior Court of Justice
7755 Hurontario Street
Brampton
, Ontario
L6W 4T6 905-456-4744
At AO: Series RG22-4104
Procedure Books, 1931-1966 After 1966, consult the Province-Wide Indexes to Applications for Decrees Absolute (Step 2 in this guide).
Perth
Court #3541
Superior Court of Justice
17 George Street West
Stratford
, Ontario
N5A 1A6 519-271-1850
Contact the Courthouse for indexes.
Peterborough
Court #3533
Superior Court of Justice
470 Water Street
Peterborough
, Ontario
K9H 3M3 705-876-3816
All files are arranged alphabetically by defendant name.
Prescott &
Russell
Court #3523
Superior Court of Justice
59 Court Street, 2nd Floor
L'Orignal
, Ontario
K0B 1K0 613-675-4567
Contact the Courthouse for indexes.
Prince Edward
Court #3534
Superior Court of Justice
44 Union Street
Picton
, Ontario
K0K 2T0 613-476-6236
Contact the Courthouse for indexes.
Rainy River
Court #3512
Superior Court of Justice
333 Church Street
Fort Frances
, Ontario
P9A 1C9 807-274-5961
At AO: Series RG22-4604
Procedure Book, 1931-1934 After 1934, contact the Courthouse for indexes.
Renfrew
Court #3531
Superior Court of Justice
31 Riverside Drive
Pembroke
, Ontario
K8A 8R6 613-732-8581
At AO: Series RG22-4704
Procedure Books, 1934-1969
Simcoe
Court #3501
Unified Family Court
114 Worsley Street
Barrie
, Ontario
L4M 1M1 705-739-6111
ext. 5062
Contact the Courthouse for indexes.
Stormont, Dundas
& Glengarry
Court #3511
Superior Court of Justice
29 Second Street West
Cornwall
, Ontario
K6J 1G3 613-933-7500
Contact the Courthouse for indexes.
Sudbury
Court #3542
Superior Court of Justice
155 Elm Street
Sudbury
, Ontario
P3C 1T9 705-564-7600
Contact the Courthouse for indexes.
Thunder Bay
Court #3535
Superior Court of Justice
277 Camelot Street
2nd Floor
Thunder Bay
, Ontario
P7C 4B3
807-343-2700
807-343-2710
Contact the Courthouse for indexes.
Timiskaming
Court #3516
Superior Court of Justice
393 Main Street
PO Box 609
Haileybury
, Ontario
P0J 1K0 705-672-3321
Contact the Courthouse for indexes
Victoria
Court #3521
Superior Court of Justice
440 Kent Street West
Lindsay
, Ontario
K9V 6G8 705-324-1400
Contact the Courthouse for indexes.
Waterloo
Court #3520
Superior Court of Justice
20 Weber Street East
Kitchener
, Ontario
N2H 1C3 519-741-3200
At AO: Series RG22-5405
Judgement Books, 1929-1949 Series RG22-5404
Procedure Books, 1949-1968 After 1968, contact the Courthouse for indexes.
Welland
Court #3545
Superior Court of Justice
102 East Main Street
Welland
, Ontario
L3D 3W6 905-735-0010
Contact the Courthouse for indexes.
Wellington
Court #3515
Superior Court of Justice
74 Woolwich Street
Guelph
, Ontario
N1H 3T9 519-824-4100
Contact the Courthouse for indexes.
Wentworth Court #3517
(Supreme Court of Ontario) Court #3549
(Unified Family Court)
Filed before July 1979:
Superior Court of Justice
45 Main Street East
Hamilton
, Ontario
L8P 1H4 905-645-5252 Filed after June 1979:
Unified Family Court
55 Main Street West
Hamilton, Ontario
L8P 1H4 905-645-6250
At AO: Series RG22-5704
Procedure Books, 1927-1970 After 1970, contact the relevant Courthouse at left for indexes.
York
Court #3543
Family Law Office
393 University Avenue
10th Floor
Toronto
, Ontario
M5G 1E6 416-327-5542
Consult with a Reference Archivist for more information.


Making Contact

Ready and Willing

Although unable to do your land records research for you, our reference archivists are waiting to assist you. You may telephone or write to them by mail or email or - best of all - visit the Archives of Ontario.

Contact us

Telephone: 416-327-1600   Toll free (Ontario): 1-800-668-9933
Fax: 416-327-1999 Email: reference@ontario.ca
Address: Archives of Ontario, 134 Ian Macdonald Blvd., Toronto, ON M7A 2C5

Website

For information about the Archives holdings, as well as access to research guides and other customer service materials available through the Archives of Ontario, please visit our website www.ontario.ca/archives.

Customer Service and Research Guides

The Archives of Ontario has published a series of in-depth research guides on a variety of specific topics. For more information, please see Research Guides and Tools under Start Your Research on the home page of the Archives website.