Finding York County Divorce Files
Archives
of Ontario
Research Guide 211
Divorce files are typically filed with
the county courthouse where the divorce
hearing took place. They may include the
petition for divorce, affidavits, the degree
nisi and the decree absolute (or 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 elsewhere in Ontario, see
Research Guide 210: Finding Divorce Files in
Ontario.
STEP 1: To Order a Divorce File
STEP 1: Finding a York County Divorce File
In order to find a divorce file, you need to know the
date that the divorce proceedings began. If you already
know the date, go to Step 2.
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 member’s 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 Ontario’s 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 1931–1978 York County divorce files. Consult the
Archives’ Indexes to York County Final Divorce
Judgements as listed in Table 1 below.
Table 1: Supreme Court Registrar’s Office
Indexes to York County Final
Divorce Judgements Series RG 22-5815
(available on microfilm in the Archives’
Reading Room)
|
Year
Divorce Granted
|
Microfilm
Reel
|
|
Year
Divorce Granted
|
Microfilm Reel
|
| 1931-1940 |
MS 5041 |
1967-1968 |
MS 5052 |
| 1941-1945 |
MS 5042 |
1969-1970 |
MS 5053 |
| 1946-1949 |
MS 5043 |
1971 |
MS 5054 |
| 1950-1952 |
MS 5044 |
1972 |
MS 5055 |
| 1953-1954 |
MS 5045 |
1973 |
MS 5056 |
| 1955-1956 |
MS 5046 |
1974 |
MS 5057 |
| 1957-1958 |
MS 5047 |
1975 |
MS 5058 |
| 1959-1960 |
MS 5048 |
1976 |
MS 5059 |
| 1961-1962 |
MS 5049 |
Dec. 1976-1977 |
MS 5060 |
| 1963-1964 |
MS 5050 |
1978 |
MS 7194 |
| 1965-1966 |
MS 5051 |
|
|
Entries in the index are arranged first by
year, then by the initial letter of the surname,
and then by the exact date that the Decree
Absolute/Judgement Absolute was granted.
If you find the couple's name,
record the:
• file number and year that the divorce case began from
the “Writ. No.” column (e.g., 1234/70 = divorce file #
1234 of year 1970); and
• date that the Decree Absolute/Judgement Absolute was
granted; and
• go to STEP 2.
If you do NOT find the couple's name:
It may be because they were not divorced in York
County. To check if they ever petitioned for a divorce
in York County, go to STEP 3. If the
divorce occurred elsewhere in Ontario, consult Research
Guide 210: Finding Divorce Files in Ontario.
There is also a small possibility that the divorce
was granted through a resolution or act of Parliament.
See the section on pre-1930 divorces above for more
information.
For divorces that began after June 1968:
Contact the Central Registry of Divorce
Proceedings (CDRP). The CRDP, which maintains a
Canada-wide index of divorces, was established in July
1968. If you provide it with the full name and birth
date of one of the parties, the full name of the other
party, and the approximate date of the 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 the divorce file, as well as the
date the divorce was granted. 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 contact the CDRP by telephone, you will be
asked to leave a voice-mail message and a representative
will return your call.
If you are looking for another person’s divorce file,
you must use the RG 22-5814 York Judicial
District Indexes of Divorce Petitions at the
Archives of Ontario. For each year, entries in the index
are arranged by the first letter of the couple’s
surname. If you find the divorce case, note the
file and
year.
For divorces that were granted between 1979
to the present:
In 1980, the York County Judicial District was dived
into two districts, Toronto and York Region (Newmarket).
Divorce files from 1979 to May 1980, as well as the
Toronto divorces after that date, are in the custody of
the Superior Court of Justice in Toronto. York Region
divorces files after May 1980 are in the custody of the
Superior Court of Justice in Newmarket. Before
contacting the court, contact the Central Registry of
Divorce Proceedings (see above, “divorces that began
after June 1968”) for the file number and year that the
divorce case was started. Please consult the Appendix at
the end of this guide for more information.
STEP 2: Ordering a York County
Divorce File From the Archives of Ontario
The Archives has the files for divorces granted
from 1931 to 1978.
Once you have the file number, the year when the
divorce case began and the date it was granted,
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?
Microfilmed judgements for York County are
available in the Reading Room for the years 1959
to 1978. If you need only a copy of a decree
absolute or a judgement absolute, speak to the
reference staff about how to access it. Otherwise,
the Archives’ York County divorce files are stored
at an off-site location and it can take up to
10
business days to retrieve copy and certify a
Decree Absolute (or Judgement Absolute). There is
a $25.00 fee (plus GST) 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’ York County divorce files are stored
at an off-site location. It takes at least one
business day to retrieve them. Please note that
original files can only be viewed only in the
Archives’ Reading Room in Toronto. Copies can be
ordered by telephone if you know which documents
you need. There will be a charge for photocopying.
Completing an Archives Records Request for records
stored off-site:
For divorces started between 1931 and June 1968:
Fill out and give the reference staff a Records
Request Slip for RG 22-5800 Supreme Court Central
Office Action Files. Make sure to include the
file
number, the year and the
names of the parties
involved.
For divorces started between July 1968 and 1978:
Fill out a Records Request Slip for RG 22-5802
York Judicial District Divorce Petition Files.
Make sure to include the file number, the
year and
the names of the parties involved and speak to the
reference staff before submitting the slip for
retrieval.
To request a divorce file from a distance, contact
the Archives of Ontario; contact information
appears at the end
STEP 3: What to Do if You Can't Find a York County Divorce
Record
To find out if either spouse ever petitioned for a divorce in York
County, follow these steps:
For divorces started between 1931 and May 1968:
1. Check the microfilm copy of the Index to Civil Actions and City Suits
as listed in Table 2 below.
Table #2: Court of Chancery and Supreme Court Central Office
indexes to
civil actions and city suits - Series RG 22-5809
(Available on microfilm in the Archives' Reading Room)
|
Year
Case Started |
Microfilm
Reel |
|
Year
Case Started |
Microfilm
Reel |
| 1930-1932 |
MS 2615 |
1957-1958 |
MS 2623 |
| 1933-1935 |
MS 2616 |
1959-1960 |
MS 2627 |
| 1936-1938 |
MS 2617 |
1961-1962 |
MS 4088 |
| 1939-1942 |
MS 2618 |
1963-1964 |
MS 4088 |
| 1943-1946 |
MS 2619 |
1965-1966 |
MS 4089 |
| 1947-1950 |
MS 2620 |
1967 |
MS 4089 |
| 1951-1953 |
MS 2621 |
1968 |
MS 4709 |
| 1954-1956 |
MS 2622 |
|
|
For the years 1930 to 1968, the entries on the microfilm reel are
arranged in alphabetical order, based on the first letter of the plaintiff’s
surname. In later years, the names are placed in indented columns in
alphabetical order, based on the first vowel that occurs after
the first letter of the name, and then by the file number. This index
includes all Superior Court civil actions, not just
divorces. It is easy to find divorce cases because, in most (but not all)
cases, the "Plaintiff" and "Defendant" columns will have the same surname.
2. If you find the divorce case, write down the file number (located at the right of
the entry), and the year (located at
the top of the page).
3. These files are stored off-site. It takes
at least one business day to retrieve them.
Fill out and give the reference staff a Records Request
Slip for RG 22-5800 Supreme Court Central Office
Action Files, noting the file number,
year and the names of the
parties involved.
For divorces that began between June 1968 and
1978 (and York Region divorces, June 1980-1984):
1. Contact the Central Registry of Divorce
Proceedings (CRDP) by telephone (613-957-4519) or by fax
(613-941-2520) to confirm whether the case was started
and to obtain the file number,
county or district and the year
the divorce case began. (Please see above for additional
CDRP contact information.)
OR
Submit a Records Request Slip for RG 22-5814
York Judicial District Indexes of Divorce Petitions,
noting the year the divorce case was started. For each
year, entries in the index are arranged by the first
letter of the couple’s surname. If you find the divorce
case, note the file and year..
2. Complete a Records Request Slip for RG
22-5802 York Judicial District Divorce Petition Files,
and list the appropriate file number
and year. Speak to the reference staff
before submitting the form for retrieval. These files
are stored off-site. It takes at least one
business day to retrieve them.
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.
Appendix: Locating York County divorce
files
|
The date the
divorce was granted
|
Location of divorce files
|
|
1867-1930
Only the Federal Parliament could grant a divorce.
|
Consult the Index to Parliamentary
Divorces, 1867-1930, compiled and edited by J.
Brian Gilchrist and Nancy J. Duffy.
or
the
Library and Archives Canada's website
To obtain a copy:
Consult the the
Library and Archives Canada's website
Or write to
Office of the Law Clerk and Parliamentary
Counsel
1310-40 Elgin Street
Ottawa, ON, K1A 0A4
613-992-2416
|
|
1931-1978
Supreme Court of Ontario began to grant divorces in
1931.
Until July, 1969,
some divorces were granted by
the Federal Parliament
|
Divorces granted by the Court
Archives of Ontario (stored off-site;
retrieval takes at least one business day)
Divorces granted by Parliament
See the information on 1867-1930 files above
|
|
1979- May 1980
Files
are in the custody of the Court.
|
Family Law Office
Superior Court of Justice
393 University Avenue, 10th Floor
Toronto, ON, M5G 1E6
416-327-5542
|
|
June 1980 - present
On June 1, 1980, York County was divided into two
judicial districts:
|
City of Toronto (formerly Metropolitan Toronto):
Family Law Office, Superior Court of Justice
393 University Avenue., 10th Floor
Toronto, ON, M5G 1E6
416-327-5542
Regional Municipality of York:
Civil Office, Superior Court of Justice
50 Eagle Street West, Room 2025
Newmarket, ON, L3Y 6B1
905-853-4809 |
|
*Before contacting the Superior Court of
Justice for post–1979 files, contact the
Central Registry of Divorce
Proceedings for the file
number and year the
divorce case was started. Telephone:
613-957-4519 or Fax: 613-941-2520 (See Getting
Started section, Step 1 of this Research
Guide.)
|
