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  • How to file for divorce

    Hi everyone:
    Can anybody tell me how to file for a simple uncontested divorce?
    I read up on some of the online instructions but I am still somewhat confused.
    1. The separation agreement was 2 years ago
    2. CS and custody has been dealt with
    3. No property or assets

    Is form 8A the right form? Do I need my separation agreement and marriage certificate when I file in court? Do I just go to the court house and file the form?
    Could somebody tell me exactly how it goes - I would appreciate your answer.
    Thanks

  • #2
    I just did this, but my divorce was severed from custody issues, so I just jumped right to the affidavit of divorce. I found this site really helpful

    A Guide to Procedures in Family Court - Ministry of the Attorney General

    Comment


    • #3
      Assuming you are also in Ontario.... all the forms can be found here: http://www.ontariocourtforms.on.ca/forms/family

      #1 - file the 8A - Application for Divorce, check of Joint Application
      - write cheque for $167
      - fill out and sign Clearance (more paperwork)

      wait approx 6 weeks for Clearance to come back

      #2 - Submit 3 copies of 25A - Order, two copies of Form 36 - Affidavit, copy of Separation Agreement, two self address stamped envelopes, and another cheque for $280

      - wait for it all to be rubber stamped.

      Then finally apply for the Certificate (Form 36B) and you can then officially call yourself divorced....


      ....I'm at the point of waiting for the Clearance to come back (some office twit misspelled my name).... but my package of paperwork for Step #2 is ready to go....

      Best wishes!

      Comment


      • #4
        Originally posted by cbarker78 View Post
        Assuming you are also in Ontario.... all the forms can be found here: Family Law Rules Forms — Ontario Court Services

        #1 - file the 8A - Application for Divorce, check of Joint Application
        - write cheque for $167
        - fill out and sign Clearance (more paperwork)
        I'm a little confused.

        I have a comprehensive (soon to be) signed SA. 3 kids, all assets divided, custody, support, access, property, all issue settled.

        http://www.ontariocourtforms.on.ca/f...un1507-ODA.pdf

        In form 8A do I fill in the claims section even though we have resolved all issues and have a SA? For example my SA states spousal support obligation, do I then check box 01 Spousal Support?

        Also, what is "fill out and sign Clearance"

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        • #5
          "fill out and sign Clearance"
          Get the form at the court counter. Asked for the "coloured form", they will know what you mean.

          It is a few lines of information so that the court can obtain the clearance certificate, which is required to obtain a divorce. $10 of the $167 is for this process.

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