Understanding the Different Divorce Applications

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.

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

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

Advice

If you need more information on Ontario divorce forms, you can contact Berman Barristers, the experts in divorce law.