2. Understanding the Different
Divorce Applications
The last thing anyone thinks of when they decide to take
that walk down the aisle is needing a divorce lawyer.
However, according to Stats Canada, around 4 out of every
10 marriages will end in divorce. That figure may rise or
fall a little as the decades change, but 40 percent is about
average.
3. Understanding the Different
Divorce Applications
For some people, that figure seems quite high while others
probably can’t grasp how six out of ten people manage to
live with the same person year after year after year. If
you’re one of the 40 percent and you end up filing for
divorce, you may decide to file for reasons such as:
•Breakdown in communication
•Falling out of love
•Adultery
•Physical or emotional abuse
•Financial stress
4. Understanding the Different
Divorce Applications
Whatever your reason, divorce is
usually a stressful time and the
decision shouldn’t be taken
lightly, especially if children are
involved. In order to set the
process in motion, you’ll have to
submit a divorce application.
There are three types of divorce
applications to choose from.
5. The Simple Divorce
Application
When you’re looking to file for divorce and it seems as
though the process will run smoothly, you’ll have to file a
Simple Divorce Application. This application is used when
the spouse who didn’t initiate the divorce isn’t planning on
contesting the divorce, and all issues regarding children,
spousal support and division of assets have been resolved.
Basically, the only thing that the divorcing couple wants
from the court is being granted the divorce. All other issues
are worked out.
6. The Joint Divorce Application
A Joint Divorce Application is filed when spouses have
separated and both wish to file for a divorce. With this
application, both spouses are requesting the divorce and all
of the details have been worked out the same as with the
Simple Divorce Application. Another small difference is
that both spouses request a court order reflecting the
resolution of assets, child custody and support.
7. 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.
8. The Contested Divorce
Application
A Contested Divorce Application must also be used if you
and your spouse can’t come to an agreement about child
custody or access, spousal support or how the family
assets have been divided up. When these issues can’t be
agreed upon, a claim is made in court and it’s left to the
court to determine how all of it is disbursed.
9. The Contested Divorce
Application
Your divorce lawyer will file motions on your behalf,
represent you in court and advise you on which course of
action is best. Quite often the matter doesn’t even reach a
court trial because it is worked out through lawyers or
mediators, to a resolution everyone can live with.
10. Serving the Application
When the divorce application is served, there are certain
rules and guidelines that must be followed for it to be legal
and valid. A rule exists that says the application must be
served by ‘special service’ which means one of four
different methods must be used.
11. Serving the Application
The most common method is for some person that is
preferably not the actual applicant to personally hand over
a copy of the application.
Another method is to serve two copies of the issued
application to the family lawyer of the respondent. The
condition is that the lawyer must first be asked to accept
service of the application and accept the request in writing.
The acceptance is made on one of the copies of the
application and it is returned to the applicant.
12. Serving the Application
If you don’t mind waiting a little longer or want to avoid
personal contact, you can mail it to the respondent’s last
known address. The mailing must also include an
Acknowledgement of Service card, which the respondent is
supposed to sign and acknowledge that he or she received
the application. If the card is not filled out and returned, the
application is not valid.
13. Serving the Application
You can also leave a copy of the application in an envelope
at the respondent’s residence, as long as it is addressed to
the respondent and left with an adult who seems to live at
the same address. With this method, you will also mail a
different copy of the application to the respondent at the
same address on the same day or following day. The
application is not valid if left with a child.
14. Advice
If you need more information on
Ontario divorce forms, you can contact
Berman Barristers, the experts in divorce
law.
