Under federal law, the Superior Court of Justice has sole jurisdiction in all cases involving divorce and the division of property, while under provincial law, child protection and adoption cases must be heard in the Ontario Court of Justice.
Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if you're making a claim for parenting time and decision-making responsibility in respect of children. you must sign this form in front of a commissioner for taking affidavits.
Affidavit For Divorce (Form 36) Write down all the names, contact details, addresses, and the court file number. Certify that the information provided is correct and that there's no chance of reconciliation. Provide all the necessary information about your Marriage Certificate. Mention why you're seeking a divorce.
The first step in the divorce process is to file a divorce petition. Even if both spouses agree to a divorce, one must file a divorce petition with the court to begin the process of terminating the marriage. This person is known as the petitioner, and the other spouse is referred to as the respondent.
State courts handle divorce proceedings. To begin a divorce, one spouse files divorce forms at the county clerk's office in the courthouse. Most states have a family court division that handles divorces and other family matters. You should file the divorce papers at the courthouse nearest to your residence.
To start a new court case, you always have to fill out Form 8: Application (general) in addition to the form that your case is about. For example, if you have to go to court to start a case about child custody and access, you would fill out Form 8 and Form 35.1 Affidavit in Support of Claim for Custody or Access.
Either spouse may start a divorce by filing an application naming their spouse as a “respondent” or by filing a joint application with no respondent (rule 36(1)). In a joint application, the divorce and any other order sought will be made only with the consent of both spouses.
The best way is to file a joint divorce application which can be done online or in person. You can read about the process on the Ontario gov website. This is the cheapest and fastest way to get a divorce order. No lawyers needed. They need to provide their original marriage certificate though.
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