Beginners Guide To Initiating Divorce: The Required Forms

In order to initiate a divorce, the use of a competent and reputable Family law or Divorce law lawyer or practitioner is highly recommended. Nevertheless, as in any legal procedure it is more than the hiring lawyers the interest of the parties involved are at stake. In this regard it may be wise, if one is considering divorce, to familiarise one self with the forms which are required to file an application for divorce in the courts. For indeed, unlike separation only the courts can grant a divorce in Canada.

There are generally three types of divorce applications, dependant upon the matter which the parties require to be adjudicated upon in a divorce. These are:

1. A Joint Application
2. A General Application; and
3. A Simple Application;

• A JOINT APPLICATION:

If both spouses are jointly claiming a divorce and also agree on how other matters such as decision making responsibility or access to children, support for either party or the children, or division of matrimonial property are to be dealt with, the following forms are to be submitted

• Form 8A: Application (Divorce).
• Form 36: Affidavit for Divorce.
• Form 25A: Divorce Order
• Registration of Divorce Proceeding form (available at the court office).

Two self addressed stamped envelopes, one addressed to you and one addressed to the respondent must also be provided to the court. This will allow the court to mail the divorce order.

If the applicants also wish to claim for support, decision making responsibility or access or division of property, they will also need the following additional forms to support these claims:

• A Claim for Support (Application Does not include Property Claims) :

• • Form 13: Financial Statement (Support Claims); and
  • A Support Deduction Order Information Form (available at the court office); and
  • Support Deduction Order (available at the court office).
  • A notice of assessment from Revenue Canada (past 3 years)
  • Receipts of any extraordinary expenses for child support

• A Property Claim (May also Include Support Claims):

• • Form 13.1: Financial Statement (Property and Support Claims) if you are asking for an order

If they are also claiming support for themselves or their children, they will need:

• • A Support Deduction Order Information Form (available at the court office); and
  • Support Deduction Order (available at the court office).

• Custody or Access of Children:

• • Form 35.1: Affidavit (decision-making responsibility, parenting time, contact) (parts A and B)

• GENERAL APPLICATION:

A General Application for divorce is made by one party where the other party does not agree with the family claims such as divorce, support, decision-making responsibility, parenting time, contact and property. In order to make a general application for divorce the following forms are needed:

• Form 8: Application (General)
• Registration of Divorce Proceeding form – only required when you are asking for a divorce (available at the court office).
• Form 6B: Affidavit of Service;
• Continuing Record cover; and
• Cumulative Table of Contents; and
• Two self addressed stamped envelopes, one addressed to you and one addressed to the respondent must also be provided to the court. This will allow the court to mail the divorce order.

If the respondent does not file an answer in response to the claims in the application and the application includes a claim for divorce, the following forms are also required:

• Form 36: Affidavit for Divorce; and
• Form 25A: Divorce Order

In addition to the forms listed above, where the application includes a claim for a divorce, support, decision-making responsibility, parenting time, contact or division of property, the following forms are also required:

• A Claim for Support (Application Does not include Property Claims) :

• • Form 13: Financial Statement (Support Claims); and
  • A Support Deduction Order Information Form (available at the court office); and
  • Support Deduction Order (available at the court office).
  • A notice of assessment from Revenue Canada (past 3 years).
  • Receipts of any extraordinary expenses for child support.

• A Property Claim (May also Include Support Claims):

• • Form 13.1: Financial Statement (Property and Support Claims) if you are asking for an order

If they are also claiming support for themselves or their children, they will need:

• • A Support Deduction Order Information Form (available at the court office); and
  • Support Deduction Order (available at the court office).

• Decision-making responsibility, parenting time, contact:

• • Form 35.1: Affidavit in Support of Claim for decision-making responsibility, parenting time, contact.

• SIMPLE DIVORCE

If the applicant is seeking a divorce only (a simple divorce), without any claim for support, custody, access or property, the following forms are required:

• Form 8A: Application (Divorce); and
• Registration of Divorce Proceeding form (available at the court office).
• Form 6B: Affidavit of Service;
• Continuing Record cover; and,
• Cumulative Table of Contents.

If the respondent does not file an answer in response to the claim for a divorce, then the following forms are required from the applicant

• Form 36: Affidavit for Divorce; and
• Form 25A: Divorce Order.
• Two self addressed stamped envelopes, one addressed to you and one addressed to the respondent must also be provided to the court. This will allow the court to mail the divorce order.

To know more please get in touch with one of our Knowledgeable Divorce Lawyers today at AYAZ MEHDI PROFESSIONAL CORPORATION for a free 30 minutes initial consultation to discuss your case.