Joint Divorce-Child of the Marriage

[jandy]

Hi there,
First time posting. I am going to attempt to do my own divorce. It is a joint divorce. I have a question regarding the form that asks you to list the children of the marriage. Do you list the children even if they are over the age of 18? If you do list them, should you indicate that they are working? I'm concerned that there will be a delay if the judge sees children of the marriage. My children are in their early 20's and out of school. Is this something that should be noted on the form?
Thanks for your help,
Jandy

[#1StepMom]

Hi Jandy, and welcome. According to the Divorce Act... "child of the marriage" means a child of two spouses or former spouses who, at the material time,

(a) is under the age of majority and who has not withdrawn from their charge, or

(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life;

You can review the entire Divorce Act here: Divorce Act It may be helpful in answering any other questions that may arise.

[jandy]

Thanks so much for your reply! So, on form 8A and 36A....would you suggest not putting the children's information in, if they are over 18 and self-suporting?
Thanks again for your help.
Jandy

[#1StepMom]

Having never dealt with divorce issues (I have never been divorced and my husband was never in a relationship with his son's mother) I have no experience with the forms. But you may be able to find some help here: Ministry of the Attorney General - Family Law Or hopefully someone who has filled this form out before will be able to advise you in this regard. Good luck to you.