The documents needed to file for a divorce in Ontario may vary depending upon the circumstances of your particular case. For instance, if custody, support and other family law issues have been resolved through negotiations and reduced to a settlement or separation agreement, you could file an application online asking only for a divorce. If, however, family law issues remain unresolved and you want a judge to decide them, you cannot use the online form and must go to the courthouse. The following is offered to help you to understand about the divorce process in Ontario divorce and the factors affecting the types of documents you will need.
Joint application for divorce
If you and your spouse have reached an agreement on all family law matters and you both agree to the divorce, you could file a joint application. Family law matters include the following:
- Division of property
- Child custody and parenting arrangements
- Child support
- Spousal support
- Responsibility for debts
In Ontario, you and your spouse must complete a divorce application, Form 8A, but joint applications can be completed and submitted online. A Form 25A, divorce order, must also be submitted with the application for divorce.
Form 25A is filled in and signed by the judge to whom your divorce case is assigned. It orders the various types of relief consistent with the settlement agreement or separation agreement containing the family law matters the parties agreed upon prior to filing for divorce. For instance, the judge uses Form 25A to grant the divorce to terminate the marriage and can also order child custody, support and other matters consistent with the agreement.
When joint divorce application includes a request for child or spousal support, a Support Deduction Order Information Form and a Support Deduction Order must be completed and submitted along with the divorce application. The information form contains the names and contact information for each of the parties along with names and dates of birth of anyone, spouse or child, who is to receive support.
Other forms to be submitted along with the divorce application include the following:
- Form 36 Affidavit for Divorce
- Form 35.1 Affidavit in Support of Claim for Custody or Access
- Form 13 Financial Statement for applications requesting child or spousal support without a request for division of property
- Form 13.1 Financial Statement for applications requesting a division of property
You must submit a copy of your marriage certificate, the separation or settlement agreement, and any prior court orders pertaining to family law matters involved in the divorce proceeding.
Simple divorce application
You might have reached agreement with your spouse on all family law matters when you separated and now only want the court to grant a divorce, but your spouse does not want to agree to the divorce. A joint application is not possible, but you can still file for divorce using Form 8A and checking off the box labelled “Simple (divorce only).”
An application for a simple divorce can be completed and filed online. Supporting documents as requested by the court after the filing of the application cannot be submitted online. They must be delivered to the court. The application must be served on your spouse who has an opportunity to serve an answer responding to your divorce application
If you spouse does not agree about the divorce and will not reach agreement on the other family law matters, must use Form 8 as your application for divorce. This form must be filled out, printed and brought to the court for filing along with supporting documents as required by the court depending upon the family law matters you are asking a judge to decide.
An experienced divorce lawyer can help
It is always a good idea to speak with an Ontario lawyer with experience representing individuals in divorce and other family law matters. The legal advice, guidance and skilled representation of a lawyer can help to prevent costly mistakes that may occur by attempting to do your own paperwork.