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Considerations between Joint & Simple Application

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  • Considerations between Joint & Simple Application

    My wife and I have been separated for a year now. We don't have any separation forms signed, though, nothing is being contested.

    Question 1: is it necessary to have some sort of Separation Form signed before proceeding with the divorce process?

    Ours is/will be a fairly straight forward divorce. No children, and no property. Since we are in agreement, the divorce is not being contested. Yes, we could apply with a JOINT application, but I am currently living in Quebec and my spouse is living in Toronto. Having all the papers signed by both of us would require much back and forth (courier or mail).
    To make things simpler she could make a SIMPLE Application. After the 30 day default period, she would be the only one needed to sign papers.

    Question 2: this may sound weird, but ... will getting served with divorce papers look bad against me, legally, socially or any other way? Are there any NEGATIVE reasons for using the SIMPLE method? If not, why not just use this method rather than the JOINT method (which would require more signatures and delay the process because of the mailing back & forth)?

    Question 3: If we go with the SIMPLE application, I need only "accept service of the application". Does that mean I need to sign the application when it arrives and send it back to my spouse? Once this application gets sent to me, do I need to do anything? Nothing at all to sign?

    Question 4: If NO CLAIM is made for support or property or possessions, etc., are any Income Tax returns or financial statements required, as part of the divorce application?

    Any answers to these questions would be most appreciated.

  • #2
    You may be served by Canada Post. If you are co-operating, just send it by express post requiring a signature, and you have been served. However if you are doing that, why not just do a joint application? Have her email you the form, you print it, sign it, send it back express. It will cost you all of about $10 for express, and you will be done with each other in no time.

    Comment


    • #3
      I see from a Gov't site that the Affidavit for Divorce, FORM 36, needs to be signed by both applicants, when doing a JOINT application.

      Why is it that this form only has enough room for ONE name & signature & notary public on the last page?

      Surely the gov't of Ontario has a proper form for Joint Divorces???

      Comment


      • #4
        Question 1: is it necessary to have some sort of Separation Form signed before proceeding with the divorce process?
        No. If you have children your affidavit for divorce will need to indicate how the children are being supported. Otherwise, if you want to be divorced without dealing with the other issues, the courts will not bar you.

        Bear in mind, however, that some remedies are only available under the divorce act. If you both believe you have everything resolved (ie, no kids, no support, no money to split) then there may be nothing else you need.

        Question 2: this may sound weird, but ... will getting served with divorce papers look bad against me, legally, socially or any other way? Are there any NEGATIVE reasons for using the SIMPLE method? If not, why not just use this method rather than the JOINT method (which would require more signatures and delay the process because of the mailing back & forth)?
        No. Although most people won't know.

        If you don't want to be served, have her scan you (or regular post) you a copy of the documents, then send her back an acknowledgement of service. This removes the necessity of her having you served personally.

        Question 3: If we go with the SIMPLE application, I need only "accept service of the application". Does that mean I need to sign the application when it arrives and send it back to my spouse? Once this application gets sent to me, do I need to do anything? Nothing at all to sign?
        If she has you served personally, you can ignore the entire process and she will receive her remedy (a divorce). If you want to facilitate the process (acknowledgement of service) it will save her some costs.

        Question 4: If NO CLAIM is made for support or property or possessions, etc., are any Income Tax returns or financial statements required, as part of the divorce application?
        No. A financial statement is only required if there are support or property claims.

        You may be served by Canada Post.
        Only if OP acknowledges service can Canada Post provide special service.

        Why is it that this form only has enough room for ONE name & signature & notary public on the last page?
        The court staff prefer each party to sign and swear their own affidavit for divorce. In the alternative, edit the document accordingly ("co-applicants" instead of "applicant", etc) and copy/paste the signature line to permit two signatures.

        You need the document commissioned, not notarized; court staff can assist you with this, as can clerks in most law offices.

        Comment


        • #5
          Thanks Orleans L.
          The more i think and read about this, the more I realize that doing this with the SIMPLE application is really the easiest way to go. Considering I'm in another province now.

          There does seem to be some confusion regarding the initial procedure.
          According to a 2004 Gov't of Ontario "GUIDE TO PROCEDURES IN FAMILY COURT" (http://www.attorneygeneral.jus.gov.o.../fc_part6a.pdf) it says that "the documents cannot be faxed or sent to the respondent through regular mail. They must be served by Special Service."
          But then it says it could "be mailed with Acknowledgement of Service Card - Form 6".

          Seems to be contradictory to me. No where in the guide does it say that one could skip "being served". Unless sending back the Form 6 card bypasses being served. Strange wording, though.

          So, if I got this correct, my spouse sends me a photocopy of the Application for Divorce (form 8A), through the mail, and all I need to do is sign the Acknowledgement of Service card (form 6) and send it back to her?
          Seems very simple and straight forward.
          Then she'll continue on with the rest of the process on her own. Correct?

          Comment

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