When a legal application for divorce is filed with the courts, it is important that the defendant (answering party) is notified to optimize fairness.
When a plaintiff initiates a civil procedure, the law allocates time for the defendant to respond to the complaint. However, proving that the defendant has received a complaint for divorce gives the plaintiff a record that she or he attempted (and succeeded) in notifying the other party of said procedure. In this scenario, it would be a notification for a divorce complaint. The ‘affidavit of service’ is a form of proof, which can be downloaded here.
Notice of Hearing
After the application for divorce is filed, a hearing will be set for the courts to evaluate the case in front of the plaintiff and defendant. The courts typically send a notice of hearing to each party. However, covering one’s bases never hurts in a civil suit. The plaintiff can ensure comprehensive service by issuing a notice of hearing, which can be downloaded here.
These Ontario divorce forms can be downloaded here, and afford the responder to state their legal position to the petitioner and the court. If the initial divorce complaint contains particulars, this is the point where the respondent (defendant) can contest the grounds of the divorce complaint.
Many times, after or during a hearing, the judge can make a ruling based on both parties’ arguments and participation. Yet, sometimes divorces can involve other factors, such as child and spousal support, as well as custody or visitation issues. These issues may extend the time it takes to receive a divorce declaration, but are also undeniably important.
Affidavit of Divorce
These Ontario divorce forms offer the court detailed information about why the divorce complaint was filed. It also indicates whether or not a child support agreement has been reached. If it has, it informs the court of the perimeters of that agreement. If not, it gives the petitioner an opportunity to speak up about subsequent costs related to child support and the divorce itself.
Affidavit in Support of Claim for Custody or Access
If the respondent decides to pursue custody or visitation during a divorce, this form would specify the grounds and conditions for the respondent’s claims. For example, if the defending party would like to share custody, this form would give that person the chance to clearly state that wishes. You can download one here.
Certificate of Divorce
After all of the particulars have been agreed to and worked out, the actual divorce will be granted. Having a certificate that verifies the divorce is an officially documented way of restoring premarital position and rights (such as surname and marital status). This may be necessary to amend important documents like driver’s licenses and passports. Download yours here.
It is always a good idea to consult a Newmarket divorce lawyer and make sure that every legal threshold is sufficiently covered.