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  • Divorcing on your own

    Approximately how long should it take to COMPLETE a divorce? The first papers were filed in the end of October or the beginning of November. Also when should I be receiving notification from the court that the first set has been processed and I should send the second set? PLease any advice or knowledge would be greatly appreciated.

  • #2
    Champsarah,

    If this is an uncontested divorce, it should take approximately three months from the time the respondent is served, so long as everything goes smoothly. If the courthouse you are dealing with has a major backlog, however, it could take much longer than three months.

    Let's assume that had your application issued on November 1, 2005 and served the same day. The respondent would have be noted in default on December 1, 2005. At this point you can swear your affidavit for divorce and file it with the remaining documents. It takes approximately 2 to 6 weeks for a judge to sign the order (longer if there is a backlog). Once you have your divorce order (which you will receive in the mail), there is a 31-day waiting period after the date of the order before you may obtain your certificate of divorce stating that you are free to remarry.

    Unfortuately, the court will not give you any kind of reminder that it is time to move on to the next step of your case, so you must keep up with the dates yourself.

    Lindsay

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    • #3
      wow i am so lost....Ok so the first papers were filled out and we have acopy of them here. Umm form 8A Application, dated 11/03/2005, so what do we have to do next? Wait for them to send us something? Or do we have to go there? I am sorry but I am so lost and can't quite grasp any of this.

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      • #4
        Hi Champsarah,

        You are not alone.. it can be a confusing process! The first thing to do once you have the applications signed it to attend at your local court house with two original applications, a divorce registration proceeding form and $167.00. At the court house your application will be issued.

        The next step will depend on whether this is a simple or joint uncontested divorce. Assuming it is a simple one, you must serve the respondent with a photocopy of the application via hand delivery or via mail (accompanied by an acknowledgement of service card, which is to be signed and mailed back to the applicant). The idea is for the respondent to just accept service of the application and ignore it. Thirty days later, he/she is noted in default. If being served by mail, the 30-day waiting period starts as of the date the acknowledgement of service card was signed.

        Once the thirty days is up, you have to go back to the court house with the original application, a sworn affidavit of service, a sworn affidavit for divorce, four draft orders, two self-addressed stamped envelopes and $280.00.

        At that point your file is sent up to a judge. Six weeks later (or longer, depending on the court house), you will receive a court order in the mail. Thirty days from the date of the court order, you may attend at the court house once more with $19 to obtain your certificate of divorce. If you don't have a draft certificate in advance, that's okay. You can just obtain one at the desk when you attend.

        Sounds so easy all typed out, but this is only because I have assisted with many uncontested divorces! If you have any questions, the counter staff or the family law information centre at your court house will help. They are not lawyers, so they cannot give you legal advice, but they will certainly help you through the process. Also, be sure to read and fill out everything very carefully. The last thing you want to do is take time off to attend at the court house just to discover that you have forgotten to fill something out or bring something with you.

        Lindsay

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        • #5
          You certainly have alot of knowledge Lindsay, thanks for the detailed response

          Im just wondering exactly what the $280.00 you mentioned is for?

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          • #6
            Hi ladyluck,

            The $280.00 is the fee required by the Minister of Finance to file your affidavit for divorce. Some court houses will allow parties to pay the $167.00 and $280.00 all at once when you file your application ($447.00), but other court houses require you to pay in two separate installments.

            Lindsay

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            • #7
              I actually thought it costed more than that, I was quite surprised seeing that figure.

              Thanks for the explanation Lindsay.

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              • #8
                Hi Lindsay,

                Your explanation is awesome, but I have few more questions:
                The Separation Agreement is mandatory?
                If yes, then and when need to be submitted to Court House - first day or later?
                It should be a special form or we can write down how we decided to split all? – no kids in this marriage.

                ...any advice or knowledge (form Lindsay or other members) would be greatly appreciated.

                Comment


                • #9
                  Also they won't tell you this but if you can't afford it, you can get a fee waiver.

                  Comment

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