- This topic has 9 replies, 3 voices, and was last updated Jul 11, 2023 at 9:42 AM by
Sarah Miller.
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What is the first step to getting divorced?
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Jun 13, 2023 at 2:19 PM #1188
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Jun 13, 2023 at 2:33 PM #1191
The first step to getting divorced is filing a Notice of Family Claim and serving it on the other party. Alternatively, you and your spouse can file a Notice of Joint Family Claim. You can find Supreme Court Family Rules forms here.
You can file a Notice of Family Claim at any time after your separation – there is no requirement to wait for one year. After you file it, you must arrange for someone (other than you) to serve your spouse. You may want to hire a process server to serve your spouse. Whoever serves your spouse will need to provide you with an Affidavit of Service.
If you and your spouse agree that you both want to get divorced and there are no other issues, then your Notice of Family Claim should only seek a divorce. Your spouse should either (1) not file a Response to Family Claim, or (2) file a Response to Family Claim confirming that he or she agrees to the divorce. You will need to wait for one year after the date of separation to proceed with the next steps to get a divorce.
If there are issues that need to be resolved, you should outline those issues in your Notice of Family Claim. Your spouse will have 30 days after the date that he or she is served with your Notice of Family Claim to file a Response to Family Claim and Counterclaim. It’s important to note that this deadline is quite flexible, particularly if the responding party provides written notice that he or she needs more time. Although it’s advisable to abide by this deadline, it’s relatively common for people to file their Response to Family Claim and/or Counterclaim after the 30-day deadline.
If you or your spouse are seeking child support, spousal support, or property division, you and your spouse are also required to file a Form F8 Financial Statement within 30 days after a Notice of Family Claim is served. Again, it is relatively common for parties to file Financial Statements after the deadline, but it’s advisable to use your best efforts to comply with this deadline. You will need to attach your three most recent income tax returns and three most recent notice of assessments to your Financial Statement. See B. Documents Supplied on page 2 of the Financial Statement to determine what other documents you will need to attach.
You and your spouse may want to try to resolve your issues in mediation and/or arbitration at this stage. If either of you wants to proceed with a court application, the next step will be to attend a mandatory Judicial Case Conference (“JCC”), unless the court grants either party permission to file an urgent court application before the JCC.
Once all issues have been settled (whether by agreement, court order, or arbitral award) and you have been separated from your spouse for at least one year, you and/or your spouse can proceed with the remaining court forms required for your divorce. These forms include a Requisition, Certificate of Pleadings, draft Final Order for Divorce, Desk Order Divorce Affidavit, and a Child Support Affidavit if you and your spouse have children. You may require additional documents. For example, if your spouse does not file a Response to Family Claim, you will need to file an Affidavit of Service confirming that your spouse was personally served with your Notice of Family Claim.
Completing all of these steps typically takes several months, and it may take years if you or your spouse chooses to proceed in court. Trial dates are often limited, and you will need to schedule a Trial Management Conference. Court procedure in Supreme Court can be confusing and complicated. If you want to try to do it yourself but need a bit of guidance, you may want to retain a lawyer for unbundled legal services.
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Jun 14, 2023 at 11:37 AM #1202
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Jun 14, 2023 at 11:46 AM #1203
You and/or your spouse should bring:
(a) Your original (fully completed and signed) Notice of Family Claim or Joint Notice of Family Claim. (“NOFC”)
(b) 2-3 additional copies of your fully completed and signed NOFC.
(c) Your original marriage certificate. (It must be the original certificate – not a photocopy – and this will not be returned to you. If your original marriage certificate is not in English, you will need to have it professionally translated by a certified translator, and that translator will need to provide an Affidavit to be filed with it.)
(d) Registration of Divorce Proceedings, which you can find here.
(e) $200.00, payable by cheque, debit card, or cash.
The original signed copy of your completed NOFC, Registration of Divorce Proceeding, and marriage certificate will be filed with the court, and your photocopies of the NOFC will be stamped and provided to you. You should keep one copy, and you will need to personally serve the other copy on the opposing party or his/her legal counsel.
Parties cannot serve each other with court documents. The NOFC can be served by anyone except you. Whoever personally serves your spouse with the NOFC may need to prepare an Affidavit of Service, which will be filed in the court. The Affidavit of Service proves that your spouse was served in the event that he or she does not file a Response to Family Claim. If your spouse files a Response to Family Claim, an Affidavit of Service is generally not required. Your spouse will have 30 days to file a Response to Family Claim and Counterclaim, but it is relatively common for parties to file past this deadline. Your spouse will not be barred from responding or filing a Counterclaim if he or she does not meet this deadline.
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Jun 14, 2023 at 11:56 AM #1204
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Jun 14, 2023 at 2:52 PM #1205
We strongly recommend that you obtain the assistance of an experienced lawyer because no two cases are identical. Although you will be granted one opportunity to file an Amended Notice of Family if you change your mind about the orders you may wish to seek, some information cannot be changed, which is explained in more detail below.
The basic instructions to complete a Notice of Family Claim are as follows:
(1) Fill in your full legal name as the “Claimant” and your spouse’s full legal name as the “Respondent.” The names must match your marriage certificate if you are married. If you have changed your last name since you were married, you can enter your legal name followed by “AKA” your new name. For example, “Jane Smith, AKA Jane Doe.”
(2) Under Information about the parties, you would write; “The Claimant, (name), is the (wife/husband) of the Respondent,” and “The Respondent, (name), is the (wife/husband) of the Claimant.”
(3) Under Spousal relationship history, you should enter the date that you and your partner began living together (you can enter an approximate date if you are unsure as to the exact date), the date you were married, the date you separated, and the date you were divorced, if applicable. As mentioned above, it is important to seek legal advice about your date of cohabitation and date of separation before filing this document. Spouses must live together to establish a date of cohabitation, but it is possible for spouses to remain in a relationship while temporarily living in separate residence later on. It is also possible to be separated while remaining in the same residence. The date of separation is usually the date that one of the parties expressed an intention to end the relationship and a step was taken to confirm that intent (such as moving to a separate bedroom). The date of separation may change if you and your spouse attempt to work on your relationship or temporarily reconcile.
These dates can have important implications. For example, if you are in a common law relationship, each party has two years from the date of separation to file a Notice of Family Claim. If you accidentally enter a date of separation that is earlier than the actual date of separation, you could cause yourself to miss the limitations deadline. If you enter a date of separation that is later than the actual date of separation, you could open the door for your former spouse to seek orders against you, when he or she should have been statute barred.
The information entered in this part of the Notice of Family Claim may be deemed “admissions,” and you cannot withdraw an admission without the consent of the other party or leave of the court.
(4) Under Prior court proceedings and agreements, you should reference any written agreements that were signed by you and your spouse (if the written agreement is related to your marriage/relationship or separation). You should also reference any relevant court orders or court proceedings. This may include criminal proceedings, such as a bail order restraining one party from contacting the other.
(5) Under The claimant’s claims, you will need to select all of the unresolved issues. If you are unsure, you should select the box. For example, if you don’t think you want spousal support but it’s a possibility, you should select “An order for spousal support.” You don’t need to seek spousal support because you selected the box, but you will not be able to seek spousal support unless you select this box or file an Amended Notice of Family Claim seeking spousal support. You can only file one Amended Notice of Family Claim. After that, you will need the court’s permission to file another Amended Notice of Family Claim.
(6) There are several orders that you may want to consider seeking under “Another Order.” For example, an order for exclusive occupation of the family residence, interim distribution of family property, or an order preserving family assets. It is important to seek legal advice about the orders that you may potentially wish to seek. It is better to be too thorough than not thorough enough.
If you’re seeking a divorce, you will need to fill in Schedule 1 of the Notice of Family Claim.
If you’re seeking orders regarding children, you will need to fill in Schedule 2 of the Notice of Family Claim.
If you’re seeking an order for spousal support, you will need to fill in Schedule 3 of the Notice of Family Claim.
If you’re seeking an order regarding family property or debt, you will need to fill in Schedule 4 of the Notice of Family Claim.
If you’re seeking other orders, you will need to fill in Schedule 5 of the Notice of Family Claim.
If you (or your spouse) are seeking orders for child support, spousal support, Section 7 Expenses (special or extraordinary expenses related to the children), or property and debt division, you will likely need to complete and file a sworn Form F8 Financial Statement.
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Jun 14, 2023 at 2:57 PM #1206
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Jul 11, 2023 at 9:42 AM #1388
A very simple desk order divorce will generally costs around $1,000.00 – $1,500.00 from start to finish, but the cost varies from lawyer to lawyer and depends on several factors, for example:
- If you and your spouse require a Separation Agreement, it will generally cost an additional $1,500 – $2,500 to prepare the Agreement.
- If you and your spouse are able to file a Separation Agreement with your Notice of Family Claim, the filing fee for your Notice of Family Claim reduces from approx. $200 to approx. $30.00.
- If you or your spouse have not paid child support pursuant to the Federal Child Support Guidelines, or if you’ve reached an agreement that child support will not be paid pursuant to the Federal Child Support Guidelines, your desk order divorce is likely to be rejected and a lawyer may need to appear before a judge to request the divorce.
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