Both parties to the marriage need to give consent to file a joint application for Divorce. Once both the parties agree to all claims, the joint application can refer to divorce and its claims. The joint application needs to be filed with the Ontario Superior Court of Justice. Application for joint divorce filing is available online in Ontario.
It is mandatory for one year to pass from the first date of separation to begin the divorce proceedings. The date when the decision to divorce was finalized is the separation date even though the spouses were staying in the same house.
What are the Documents Needed for a Joint Divorce?
For an online application, certain documents are needed which includes:
- Form 8A: Application for Divorce to be completed by both the spouses, signed and dated
- Form 36: Affidavit for Divorce completed by both the spouses, signed and dated in front of a commissioner qualified for affidavits (commissioners are available at few Select Ontario centres or any family court)
- Form 25A: Divorce Order is completed by both the spouses electronically and should include all matters on which court order is needed
- Marriage certificate copy is to be attached (a certified English or French translation would be required if the marriage certificate is not in either of these two languages),
- Form 36: Affidavit for Divorce would be required if the marriage certificate copy is not present
- Form 35.1: Affidavit in Support of Claim for Custody or Access completed and signed by the spouse who is requesting child custody or access in front of a qualified commissioner eligible to do affidavits
- Child or Spousal Support Forms are required if either spouse is requesting spousal or child support
- Form 13: Financial Statement (Support Claims) completed by a spouse in front of the commissioner qualified to take oaths
- Deduction Order: to be completed by spouses, signed and dated
- Support Deduction Order Information Form: to be completed by spouses, signed and dated