To get old divorce records from the Archives of Ontario, you first need your court file number. If you do not have it, you must request a search at the specific Superior Court of Justice where the divorce was granted. Basic search and certification fees generally cost between $40 and $60 CAD.
Losing your original divorce certificate or family court order is highly stressful 📁. Whether you are applying to sponsor a new spouse through Immigration, Refugees and Citizenship Canada (IRCC), applying for a Canadian passport, or finalizing your estate planning, you need official proof of your past divorce. Many residents in Ontario mistakenly believe that a quick online search will pull up their private family records. However, because family law matters are highly sensitive, court files are physically archived and securely protected.
In Ontario, recent active files remain at the local courthouse, but older, closed files are eventually transferred to the Archives of Ontario. Whether your divorce was finalized in Toronto, Ottawa, or Mississauga, navigating the provincial archiving system requires knowing exactly what to ask for. We will guide you through the precise steps to retrieve your archived records efficiently without paying unnecessary fees to private search companies .
Step-by-Step Process for Retrieving Archived Family Records
Finding a needle in a haystack is impossible if you do not know which haystack to look in. Following these steps will save you weeks of waiting.
Step 1: Gather Your Basic Details
Before contacting any government office, write down every detail you remember 🔍. You need the full legal names of both spouses at the time of the divorce, the exact year (or a close guess) the divorce was granted, and the specific city where the court hearings took place. If you have any old letters from your family lawyer, check them for a “Court File Number” (e.g., FS-12-123456). Having this number makes the process incredibly fast.
Step 2: Contact the Original Courthouse
If you do not have the court file number, you must contact the specific Superior Court of Justice location where the divorce occurred, such as the courthouse in London or Hamilton. You cannot simply call the central Archives. You must ask the court clerk to perform a “Search of Records.” Once they locate your name in their index, they will give you the file number and confirm whether the physical file is still in their basement or if it has been shipped to the Archives of Ontario .
Step 3: Submit a Request to the Archives of Ontario
If the courthouse confirms the file was transferred, you must now contact the Archives of Ontario. You will provide them with the court file number, the courthouse location, and the year. You can submit this request via email or by visiting their reading room in person. The Archives staff will pull the physical box from their massive storage facility.
Step 4: Request Certified Copies
For immigration (IRCC) or remarriage purposes, a simple photocopy is usually not enough. You must explicitly ask for a “Certified Copy” of your Divorce Order or Certificate of Divorce. The staff will stamp the document with an official seal, proving it is a true copy of the original court document. This certified copy will be mailed to your current address .
How Much Does it Cost in Ontario?
Retrieving your own records is quite affordable, as you are only paying standard government administrative fees 💵.
| Service / Fee Type | Estimated Cost (CAD) |
|---|---|
| Court Search Fee (if no file number) | Currently $0 to look up your own file if you go in person, but fees may apply for extensive searches. |
| Photocopying Fees | $1 to $2 per page at the courthouse or Archives. |
| Certificate of Divorce Issuance | $25 (Standard fee if you need a fresh certificate printed). |
| Certification Stamp | $20 – $30 (To certify a document as a true copy). |
Be extremely cautious of third-party websites offering to find your divorce certificate for $300 or more. They are simply doing this exact same process on your behalf and charging a massive premium for the convenience.
How Long Does the Process Take?
Patience is required when dealing with archived paper files. If your file is still at the local courthouse, retrieving a copy can take 1 to 2 weeks. However, if the file has been shipped to the Archives of Ontario, it typically takes the staff 3 to 5 weeks to locate the box, process the photocopying request, apply the certification stamps, and mail it to your home address .
Frequently Asked Questions (FAQ)
Can anyone else access my divorce records?
Family court files in Ontario are generally open to the public, but there are strict exceptions. If your file contains sensitive child protection reports or a judge ordered a publication ban, the file will be sealed. Otherwise, any member of the public can theoretically request to view the file at the courthouse.
What if I cannot remember which city I was divorced in?
If you have absolutely no idea where the divorce happened in Canada, you can request a search through the Central Registry of Divorce Proceedings in Ottawa. They track all divorces nationwide and can tell you which local courthouse processed your specific file.
Does IRCC accept an uncertified copy of a divorce order?
Generally, no. For major applications like spousal sponsorship, IRCC requires either the original Certificate of Divorce or a court-certified true copy. A blurry picture on your phone will result in your application being returned.
Do I need to hire a family lawyer to get these records?
No, you do not need a lawyer simply to retrieve your own historical records. The process is designed for self-represented individuals. You only need a lawyer if you intend to actually change or appeal the old order.
How long does the court keep these files?
The Superior Court of Justice retains physical family files for several years before transferring them. The Archives of Ontario preserves these legal documents permanently for historical and genealogical purposes, meaning your file is never truly destroyed.
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