Finding Divorce Files in Ontario

Archives of Ontario
Research Guide 210

• STEP 1: When Did the Divorce Take Place?
• STEP 2: Use the Indexes to Find the Divorce File
• STEP 3: Ordering a 1931-1978 Divorce File at the Archives of Ontario

STEP 1: When Did the Divorce Take Place?

1867-1930: Only the Federal Parliament could grant a divorce in Ontario. Couples had to have a private members' bill requesting their divorce passed, usually without debate, through the Legislature. For a copy of the Resolution or Act of Parliament, you must contact:

Office of the Law Clerk and Parliamentary Counsel
Senate of Canada
1310-4 Elgin Street
Ottawa, ON K1A 0A4
613-992-2416

1931-1978: Since 1930, the Supreme Court of Ontario has had the power to grant a divorce. The Archives of Ontario holds all 1931-1978 divorce files (except for Wentworth County divorce files which are available from the Archives up to and including 1979).

• If the divorce occurred in York County (Toronto), please contact the Archives of Ontario Reference Desk at 416-327-1582/3 or toll-free within Ontario at 1-800-668-9933.
• If you only know the approximate year or location where the divorce occurred, go to Step 2.
• If you know the County/District, the file number, and the year of the divorce, go to Step 3.

1979-Present: You must go to the local Courthouse of the Superior Court of Justice where the divorce was filed. The divorce files are only available through that Courthouse. See Table #2 at the end of this guide for a list of Courthouse addresses and telephone numbers. However, to first find the file number and year of the divorce case, go to Step 2.

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STEP 2: Use the Indexes to Find the Divorce File

To locate 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, use the appropriate index below.

1931-May 1949: Go to the Archives or the appropriate Courthouse for the Index. While divorce files for these years are only available through the Archives, we do not have a province-wide index for them. The only indexes that were created were the local procedure/judgement books of Supreme Court Actions in each County or District Courthouse. While some of these books are at the Archives of Ontario, most are still at the local Courthouse where the divorce was filed. For the location of these index books for specific years, see Table #2 at the end of this guide.

June 1949-1969: Go to the Archives for the Index. For these years, there are Province-Wide Indexes to Applications for Decrees Absolute (Series RG22-5816) listing all the Decrees 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 issued by the court. This Index is available on microfilm in the Archives' Main Reading Room, weekdays 8:15am-10:30pm and Saturday 10:00am-8:00pm. To use the Index, follow the instructions below.

NOTE: Before 1985, the Decree Absolute (or Final Judgement) is the document that actually grants the divorce. If an Application for a Decree Absolute was not made or the Decree Absolute is not in the divorce file, the divorce proceedings may not have been completed and the couple may still be legally married.

For the years June 1949-October 1964: Using Table #1 below, find the microfilm reel containing the Index for the year that the Decree Absolute was applied for (usually the same year that the divorce was granted) and look up the married surname. Record the application date of the Decree Absolute and the city where the divorce was granted. Unfortunately, the Index does not give the file number which is necessary to order the Divorce File. For this information, consult the "County/District" column of Table #2 at the end of this guide to find which Courthouse handled the divorce proceedings. The Table will say whether the index for the year needed is at the Archives or still at the Courthouse.

For the years November 1964-1969: Using Table #1 below, find the microfilm reel containing the Index for the year that the Decree Absolute was applied for (usually the same year that the divorce was granted) and look up the married surname. Record the file number (generally the number on the first line), the year, and the city from the "Place-Writ No." column. Once this information is recorded, go to Step 3.

(Available on microfilm in Archives' Main Reading Room)

July 1968-Present: Call the Central Registry of Divorce Proceedings. This is a Canada-wide index of divorces begun in July 1968. By providing the Registry with the names of the divorcing parties (including the wife's maiden name if known), they can supply the number of the Courthouse where the divorce took place, and the file number and year needed to retrieve the file. They can be reached at:

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

The pre-1979 divorce files are only available through the Archives of Ontario, post-1978 divorce files are only available through the local Courthouse where the divorce was filed. See Table #2 at the end of this Pathfinder for a list of Courthouse numbers, addresses and telephone numbers.

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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, and the County or District where the divorce took place, you have the information needed to order the divorce file. At this point, you should decide:

Do you need a certified copy of the Decree Absolute granting the divorce? If so, divorce files are stored at an off-site location and 5 to 7 working days are needed to retrieve, copy and certify a Decree Absolute. There is a $25.00 fee (plus GST and postage) for certification. The certified copy can be mailed to you or picked-up in person.

Do you need to see the entire file? If so, divorce files are stored at an off-site location and a minimum of 1 business day is needed to retrieve them to the Archives of Ontario. Original files can only be viewed in the Archives' Main Reading Room in Toronto, Ontario. Copies can be ordered by telephone if you know which documents are required. Photocopying charges may apply.

To request a divorce file, contact the Archives of Ontario as follows:

• Telephone: (416) 327-1600 or toll-free within Ontario at 1-800-668-9933..
• Fax: 416-327-1999.
• Mail:
  Archives of Ontario
  77 Grenville Street
  3rd Floor
  Toronto, Ontario M5S 1B3
• Email: reference@ontario.ca

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TABLE #2: Ontario Courthouse Locations and Supreme Court Indexes

This Table lists: Ontario's Counties and Districts; the Central Registry of Divorce Proceedings' number for each Courthouse; each Courthouse's address and telephone number; and the location of the Supreme Court indexes.

• If the index for the County/District and year(s) that the divorce took place is listed as being at the Archives of Ontario ("At AO"), the Table below will give the Reference Code and title of the index that you need (e.g. Series RG22-1117, Judgement Books 1931-1954). The Reference Archivists in the Archives' Main Reading Room will show you how to order this material.

  Once you have the file number, the year the divorce case began, and the County or District where the divorce took place, return to Step 3.

• If the index for the County/District and year(s) that the divorce took place is not at the Archives, contact the local Court Registrar for access to their indexes. You will need the file number and the year the divorce case began.

  Pre-1979 divorce files are only available through the Archives of Ontario, while post-1978 divorce files (post-1979 in the case of Wentworth County) are only available through the local Courthouse of the Superior Court of Justice where the divorce was filed.

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