What You Need to Know About Divorce Papers in Ontario

uncontested divorce forms

This is the first form you will come across in the Ontario divorce process. Either you or your spouse must fill out Form 8A, but how you will proceed depends on if you are going through a joint or simple divorce. If you have a simple divorce, check the “simple” box, then fill the appropriate section, sign and date the form. If the divorce is joint, check the “joint” box, but you and your spouse will need to sign and date the form. 

The form will ask you to provide your personal details, including your full legal name and address for service, telephone number and email address. If you are filing a simple divorce, you will need to provide these details for your spouse as well. You will also be required to provide the name and contact details of your lawyer if you have one. 

In addition to the information provided above, you will need to fill in the dates of your marriage, when you started living together (if you lived together) and the date of separation. The form also requires you to provide details of children of the marriage, if any. 

This form is required by the Canada Department of Justice. The purpose of the form is to inform the court, and the Department of Justice, that no other divorce applications have been submitted on behalf of you or your spouse in Canada.

You will be required to fill and send the form to the Department of Justice. There, your application will be checked against the federal database. If you have no other applications ongoing, a clearance certificate will be sent to the court where you have filed your divorce application. The court must get this certificate before you can finalize your divorce process.

In a simple divorce, it is important to let your spouse know that you have commenced the divorce process. Because it is important to give both parties the chance to prepare for the process and present their case before the court, you will be required to fill and submit an affidavit of service. 

After filling and filing your divorce application, you must serve this document, along with any attachments in your application, on your spouse. This means you have to deliver the documents to them at their residence. 

The affidavit of service operates as proof that these papers were truly served. The form also requires you to outline exactly how service was effected. This is usually no problem unless you were unable to find your spouse at their residence or if they are out of the country. Then you may be able to ask the court to let you deliver the papers by “substituted” means, such as service by email or pasting on the door of their residence. 

Just like you are required to show that you have served your spouse, they in turn will be required to acknowledge service. They must fill and return form 6 to the court, showing that the divorce papers were truly served on them and they are aware of the divorce petition against them. 

The acknowledgement of service also tells the court that the other party is ready to proceed with the divorce process. From here, your spouse can either agree to the orders you are seeking from the court or inform the court of the order they would prefer the court to make. 

No matter if the divorce is joint or simple, you and your spouse will be required to fill this form. The form will require detailed information about you and your spouse, the children of the marriage and any arrangements or plans you have for the separation. 

This form is an affidavit, meaning it is a legal document that must be verified before a person authorized by law. You will be required to swear or affirm the affidavit before a notary public, a commissioner for oaths or a judge. Sometimes, you may be required to pay a fee before you are able to conclude this form. 

You must be careful to ensure that all the information you provide in the form is true and accurate, to the best of your knowledge. Lying on an affidavit is treated the same as lying to a judge in court. This may expose you to criminal liability for the crime of perjury. 

Form 35.1, titled “Affidavit in Support of Claim for Custody or Access,” is used in Ontario family law proceedings when a party is seeking custody of, or access to, a child. The form provides a structured way for the party to provide detailed information about their relationship with the child, their plans for the child’s care and upbringing, and other relevant information.

25A Divorce OrderAlthough the divorce process is primarily about dissolving a marriage, there are several other issues that may need to be resolved. This includes issues relating to child custody, child support, spousal support, property division, equalization of property etc. 

Form 25A lets you indicate which of these issues you would like the court to resolve on behalf of you and your spouse. It is not in all divorces that this will be necessary. For instance, if you and your spouse have already decided on these issues and have a binding separation agreement in place, you don’t need to ask the court to decide on your behalf. 

You may ask only for an order dissolving your marriage. Or you may ask the court to decide these other issues as well. Note that you cannot fill this form by hand. It must be filled electronically, on a computer. 

Certificate of DivorceThe final stage is Certificate of Divorce. The Applicant may apply 30 days from the Divorce Order. If the Applicant fails to apply, the Respondent may apply. There is a fee for this.

Why do I need to know this?

The Certificate of Divorce is the end of your marriage.

How does the form 36 affidavit for divorce differ from other affidavits?Ken Maynard CDFA, Acc.FM

The form 36 affidavit for divorce is a specific document used in Ontario to confirm the details and grounds for the divorce. It’s tailored to meet the legal requirements of the province and is distinct from other general affidavits.

What is the purpose of form 36 affidavit for divorce?Ken Maynard CDFA, Acc.FM

A form 36 affidavit for divorce is a sworn statement confirming the facts of the divorce, such as the reasons for the divorce and details about the couple’s separation. It provides evidence to the court that the requirements for divorce have been met.

What information is typically included in an affidavit for divorce?Ken Maynard CDFA, Acc.FM

An affidavit for divorce typically includes details about the marriage, reasons for divorce, information about children (if any), and any arrangements made post-separation. It’s a comprehensive document that outlines the facts of the divorce case.

Why is it essential to have clear separation agreements during a divorce?Ken Maynard CDFA, Acc.FM

Clear separation agreements, backed by the right divorce papers, ensure a smooth transition towards a secure future, minimizing conflicts and misunderstandings. A divorce mediator can help in crafting these agreements.

What are divorce papers used for in Ontario?Ken Maynard CDFA, Acc.FM

Divorce papers are essential documents used to initiate and finalize a divorce in Ontario, ensuring that all legal requirements are met.

Are there professionals who can assist with the divorce process in Ontario?Ken Maynard CDFA, Acc.FM

Yes, professionals like Ken Maynard offer services to assist couples in crafting clear and straightforward separation agreements using the appropriate divorce papers.

How do divorce forms in Ontario differ from other regions?Ken Maynard CDFA, Acc.FM

Divorce forms Ontario offers are tailored to the legal requirements and procedures specific to the province. While the fundamental principles of divorce remain consistent, the forms may vary in detail and structure compared to other regions.

Are there any other forms I should be aware of besides the standard divorce forms in Ontario?Ken Maynard CDFA, Acc.FM

Besides the standard divorce forms Ontario provides, additional documents might be required based on specific circumstances, such as child custody or property division forms. It’s essential to consult with a legal expert to ensure all necessary paperwork is completed

About the Author:
Ken Maynard CDFA, Acc.FM

I assist intelligent and successful couples in crafting rapid, custom separation agreements that pave the way for a smooth transition towards a secure future. This efficient process is achieved in about four meetings, effectively sidestepping the excessive conflicts, confusion, and costs commonly linked to legal proceedings. Clients have the flexibility to collaborate with me either via video conference or in-person through a DTSW associate at any of our six Greater Toronto mediation centers, located in Aurora, Barrie, North York, Vaughan, Mississauga, and Scarborough.

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Ken Maynard CDFA, Acc.FM