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Understanding the Different Divorce Applications
Understanding the Different Divorce ApplicationsThe last thing anyone thinks of when they decide to takethat walk down the aisle is needing a divorce lawyer.However, according to Stats Canada, around 4 out of every10 marriages will end in divorce. That figure may rise orfall a little as the decades change, but 40 percent is aboutaverage.
Understanding the Different Divorce ApplicationsFor some people, that figure seems quite high while othersprobably can’t grasp how six out of ten people manage tolive with the same person year after year after year. Ifyou’re one of the 40 percent and you end up filing fordivorce, you may decide to file for reasons such as:•Breakdown in communication•Falling out of love•Adultery•Physical or emotional abuse•Financial stress
Understanding the Different Divorce ApplicationsWhatever your reason, divorce isusually a stressful time and thedecision shouldn’t be takenlightly, especially if children areinvolved. In order to set theprocess in motion, you’ll have tosubmit a divorce application.There are three types of divorceapplications to choose from.
The Simple Divorce ApplicationWhen you’re looking to file for divorce and it seems asthough the process will run smoothly, you’ll have to file aSimple Divorce Application. This application is used whenthe spouse who didn’t initiate the divorce isn’t planning oncontesting the divorce, and all issues regarding children,spousal support and division of assets have been resolved.Basically, the only thing that the divorcing couple wantsfrom the court is being granted the divorce. All other issuesare worked out.
The Joint Divorce ApplicationA Joint Divorce Application is filed when spouses haveseparated and both wish to file for a divorce. With thisapplication, both spouses are requesting the divorce and allof the details have been worked out the same as with theSimple Divorce Application. Another small difference isthat both spouses request a court order reflecting theresolution of assets, child custody and support.
The Contested Divorce Application The Contested Divorce Application is where things can get dicey, and where your divorce lawyer will really have to get busy. This type of application is used when one spouse wishes to get divorced, but the other one does not. It’s important to remember that a divorce is granted by the courts and isn’t just something you sign up for and get automatically.
The Contested Divorce ApplicationA Contested Divorce Application must also be used if youand your spouse can’t come to an agreement about childcustody or access, spousal support or how the familyassets have been divided up. When these issues can’t beagreed upon, a claim is made in court and it’s left to thecourt to determine how all of it is disbursed.
The Contested Divorce ApplicationYour divorce lawyer will file motions on your behalf,represent you in court and advise you on which course ofaction is best. Quite often the matter doesn’t even reach acourt trial because it is worked out through lawyers ormediators, to a resolution everyone can live with.
Serving the ApplicationWhen the divorce application is served, there are certainrules and guidelines that must be followed for it to be legaland valid. A rule exists that says the application must beserved by ‘special service’ which means one of fourdifferent methods must be used.
Serving the ApplicationThe most common method is for some person that ispreferably not the actual applicant to personally hand overa copy of the application.Another method is to serve two copies of the issuedapplication to the family lawyer of the respondent. Thecondition is that the lawyer must first be asked to acceptservice of the application and accept the request in writing.The acceptance is made on one of the copies of theapplication and it is returned to the applicant.
Serving the ApplicationIf you don’t mind waiting a little longer or want to avoidpersonal contact, you can mail it to the respondent’s lastknown address. The mailing must also include anAcknowledgement of Service card, which the respondent issupposed to sign and acknowledge that he or she receivedthe application. If the card is not filled out and returned, theapplication is not valid.
Serving the ApplicationYou can also leave a copy of the application in an envelopeat the respondent’s residence, as long as it is addressed tothe respondent and left with an adult who seems to live atthe same address. With this method, you will also mail adifferent copy of the application to the respondent at thesame address on the same day or following day. Theapplication is not valid if left with a child.
AdviceIf you need more information onOntario divorce forms, you can contactBerman Barristers, the experts in divorcelaw.