How to File for Divorce in Yukon: Step-by-Step Process Guide

Filing for divorce in the Yukon means navigating two layers of law at once: the federal Divorce Act governs the actual termination of your marriage, while the territorial Family Property and Support Act controls how assets get divided. The Supreme Court of Yukon, headquartered at the Law Courts Building on Second Avenue in Whitehorse, handles all divorce proceedings.

Here is the complete filing process from start to finish.

Confirm You Meet the Residency Requirement

Before anything else, at least one spouse must have lived in the Yukon continuously for 12 months immediately before filing. The court calls this "habitual residence" — it means the Yukon is where you center your daily life, hold your primary home, and file your taxes.

Temporary absences for travel, medical treatment, or seasonal work elsewhere do not break the one-year clock, as long as you maintained your intention to return. If neither spouse meets this threshold, the Whitehorse registry will refuse to issue your documents, and you will need to file in whichever province or territory satisfies the residency test.

Gather Your Documents

You need an original or government-certified copy of your marriage certificate from the jurisdiction where you were married. Photocopies are rejected by the registry.

If your marriage certificate is in a language other than English or French, you will also need a certified translation with a sworn translator's affidavit.

For divorces involving child support, spousal support, or property division, compile your last three years of income tax returns, CRA Notices of Assessment, three to six months of pay stubs, and valuations of real estate, pensions, and debts.

Draft and File Your Statement of Claim

The main initiating document is Form 91A — Statement of Claim (Family Law — Divorce). You fill in the Summary of Relief Sought and Parts A through E, plus any applicable sections from Parts F through J.

One critical rule: do not delete or renumber paragraphs that do not apply to your situation. Leave them blank or write "omitted." Registry staff reject forms with altered numbering.

If you are claiming support or property division, you also need Form 94 (Financial Statement) and, if there are minor children, Form 98 (Child Support Affidavit).

File the originals plus three complete copies at the Supreme Court Registry in Whitehorse. The filing fee is CA$140 for the commencement fee plus CA$10 for the Central Registry of Divorce Proceedings (CRDP) — CA$150 total.

Serve Your Spouse

Personal service is mandatory for divorce proceedings in the Yukon. You cannot serve the documents yourself. A third party over age 18 — a friend, family member, or professional process server — must physically hand the documents to your spouse.

The Sheriff's Office can handle service for CA$50. After service is complete, the person who served the papers must swear and file Form 7 (Affidavit of Service) at the registry.

If your spouse cannot be located, you can apply for a Substituted Service Order using Form 52 and Form 59, which allows the court to authorize alternative methods like email or publication.

Wait for the Response Period

After service, your spouse has a limited window to respond by filing Form 9 (Appearance):

• Served in the Yukon: 7 days
• Served elsewhere in Canada: 21 days
• Served in the United States: 28 days
• Served internationally: 42 days

If they file an Appearance, they then have 14 additional days to file Form 92 (Statement of Defence). If neither is filed, you can proceed with an uncontested desk order.

Complete the Parenting Workshop (If Applicable)

If your divorce involves children under 16, both parents must complete the online "For the Sake of the Children" workshop under Practice Direction FAMILY-2. The plaintiff has six months from filing; the respondent has six months from being served.

You can skip this requirement if you have a comprehensive written separation agreement already filed, or if all children are 16 or older.

File the Desk Order Package

Once the response window has closed and the CRDP Clearance Certificate arrives from Ottawa (confirming no other divorce is pending in Canada), you can file:

• Form 3 — Requisition for Order (or Form 97A)
• Form 97 — Affidavit for Divorce Order (or Form 97B for uncontested)
• Form 100 — Divorce Order (or Form 100B): this must be typed — handwritten versions are rejected

Include the original plus three copies and a self-addressed stamped envelope for each spouse. A Supreme Court judge reviews the file in chambers without a hearing.

After the Divorce Order

The divorce takes legal effect on the 31st day after the judge signs the order. After that date, either spouse can request Form 101 — Certificate of Divorce (CA$15 fee), which is the document needed to remarry or update your legal name.

The total government fees for a standard uncontested divorce come to about CA$165 — or CA$215 if you use the Sheriff's Office for service.

For a complete filing workflow with checklists and timeline trackers, the Yukon Divorce Filing Process Guide walks you through each step with the exact forms and deadlines.

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