Finding York County Divorce Files

Archives of Ontario
Research Guide 211

STEP 1: To Order a Divorce File

You need to know:

the file number, and If you already have this information, go to STEP 2. the year that the divorce case began

This information is available from either of the following sources:

• For divorces which began after June 1968:

  Contact the Central Registry of Divorce Proceedings: Telephone: 613-957-4519 Fax: 613-941-2520

  Provide the Registry with the names of the divorcing parties, the approximate year of the divorce, where the divorce took place (York County), and, if known, the dates of birth and the year of marriage; they can supply the file number and year needed to retrieve the file.

• For divorces granted from 1931-1978:

  Consult the Supreme Court Registrar's Office indexes to York County final divorce judgements (judgements absolute and decrees absolute) 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' Main 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 Judgement/Decree 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 the
• date that the Judgement/Decree Absolute was granted, then 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.

[Return to top of page]

STEP 2: Ordering a York County Divorce File

Divorce files can only be viewed in the Archives' Main Reading Room. They are stored off-site and require a minimum of 1 business day to retrieve.

• For divorces started 1931- June 1968: At the Archives of Ontario fill out a Records Request Slip for RG 22-5800 Supreme Court Central Office action files, noting the specific file number, year, and the names of the parties involved. Submit the Slip to a Reference Archivist, who will add off-site location information.
• For divorces started July 1968 -1978: Submit a Records Request Slip in the Main Reading Room at the Archives of Ontario for RG 22-5802 York Judicial District divorce petition files, noting the appropriate file number and year, and the names of the parties involved. Consult the section for York County in Inventory 22, Volume 22, Appendix B2, Supreme Court Post-1968 Divorce Files (one of the blue Government Records Inventory binders). Follow the instructions "How to Order Records" at the front of the binder.

NOTE: Before 1985, the Decree Absolute (or Judgement Absolute) is the document that actually grants the divorce (it is now called the Divorce Certificate). If an Application for a Decree Absolute was not made or if the Decree Absolute is not in the divorce file, the divorce proceedings were not completed and the couple may still be legally married. To confirm marital status, contact the Central Registry of Divorce Proceedings by telephone: 613-957-4519 or by fax: 613-941-2520.

[Return to top of page]

STEP 3: What to Do if You Can't Find a York County Divorce Record

To determine if either spouse ever petitioned for a divorce in York County, follow these steps:

For divorces started 1931- May 1968:

1. Check the microfilm copy of the Court of Chancery and Supreme Court Central Office indexes to civil actions and city suits (Series RG 22-5809), 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' Main 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 each year, entries on the reel are arranged first by the first letter of the surname of the plaintiff (in later years the names are placed in indented columns 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); divorce cases can be spotted easily because, in most cases, the "Plaintiff" and "Defendant" columns will have the same surname (e.g., Fox vs. Fox).

2. If you find the divorce case, write down - the file number (found to the right of the entry), and - the year (found at the top of the page).
3. These files are stored off-site; retrieval will take a minimum of 1 business day. At the Archives of Ontario fill out a Records Request Slip for RG 22-5800 Supreme Court Central Office action files, noting the specific file number, year, and the names of the parties involved. Submit the form to a Reference Archivist, who will add off-site location information.

For divorces started June 1968 - 1978:

1. Contact the Central Registry of Divorce Proceedings 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.

   OR

   Submit a Records Request Slip in the Main Reading Room of the Archives of Ontario for Series RG 22-5814 York Judicial District indexes to divorce petitions noting the year the divorce case was started. For each year, entries in the index are arranged by first letter of the couple's surname. If you find the divorce case, note the file and the year.

2. Submit a Records Request Slip in the Main Reading Room of the Archives of Ontario for RG 22-5802 York Judicial District divorce petition files, and the appropriate file number and year. Consult the section for York County in Inventory 22 Volume 22, Appendix B2, Supreme Court Post-1968 Divorce Files (one of the blue Government Records Inventory binders). Follow the instructions "How to Order Records" at the front of the binder. These files are stored off-site. Retrieval will take a minimum of 1 business day.

   If you still do NOT find the divorce case you are looking for, consult Research Guide 210: Finding Divorce Files in Ontario, to see if a divorce case was started elsewhere in Ontario. Or, if the divorce action occurred after June 1968, contact the Central Registry of Divorce Proceedings by telephone: 613-957-4519 or by fax: 613-941-2520.

[Return to top of page]