Supreme Court — Joint application
How to do your own undefended (uncontested) divorce
Make the final application
Now that you've completed all the documents, you need to file them. To do this, take your documents and two copies of each of them, fastened together with a paper clip, to the registry in the following order:
- Notice of Joint Family Claim (Form F1), if not already filed
- Registration of Divorce, if not already filed
- Requisition (Form F35)
- Draft Final Order (Form F52)
- Certificate of Pleadings (Form F36)
- Child Support Affidavit (Form F37), if applicable
- Affidavit — Desk Order Divorce (Form F38)
Tip: If you file your separation agreement before you file the Notice of Joint Family Claim, you don't have to pay the $200 filing fee for filing the Notice of Joint Family Claim. It will cost $80 to file the agreement, so you'll save $120. You can file your agreement at the same time as the other documents. For instructions on how to file your agreement, see How to file your agreement.
If you have court orders or a written separation agreement that are referred to in the court documents you're filing, they should also be attached to your Affidavit — Desk Order Divorce (Form F38). Note that these agreements or orders must not contradict what's in your divorce application.
When you take them to the registry, you'll be required to pay the fees, which as of September 2017 are:
- Notice of Joint Family Claim - $200
- Registration of Divorce - $10
- The rest of the documents - $80
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 order to waive fees 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 documents 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 doesn't 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 divorce 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.