Step 8

Make the final application

Now that you have completed all the documents, you need to make your final application for divorce. To do this, take your documents to the registry, fastened together with a paper clip, in the following order:

• Requisition (Form F35)
• Certificate (Form F36)
• draft Final Order (Form F52)
• Affidavit of Personal Service (Form F15)
• Affidavit – Desk Order Divorce (Form F38)
• Child Support Affidavit (Form F37), if applicable

If you have other court orders or a written separation agreement, they should also be attached to your Child Support Affidavit (Form F37).

When you take them to the registry, you will be required to pay the final fee ($80 as of July 2010). The registry staff will take your documents. Ask the registry staff when you should check back to pick up your divorce order.

Tip: If you can't afford to pay court fees, see our self-help guide How to get an indigency order in Supreme Court.

When will you be divorced?

The registry staff can tell you how long it will be before a judge looks at your divorce order and grants your divorce. Go back to the registry after that time has passed to pick up your divorce order.

The divorce will become effective on the 31st day after the order has been signed by the judge. This does not mean the 31st day of that month. It means that from the date the judge signed your order, you count 31 days. On the 31st day, your divorce becomes final. For example, if your divorce was granted on September 15, your divorce will become effective on October 16.

Important: You can't remarry until your divorce has been granted (that is, not until 31 days after the order has been signed by the judge).

The 31 days between when the order is signed and when the divorce becomes final is an appeal period. Theoretically, your spouse can file some last-minute appeals during this time to stop the divorce. Such appeals are rare.

Make sure that your spouse gets a copy of the divorce order by giving it or mailing it to him or her.

Tip: Keep a copy of your divorce order in a safe place. It's an important document.