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Blank Ontario Divorce 8A PDF Template

The Ontario Divorce Form 8A serves as a foundational document for individuals seeking to initiate a divorce within the Ontario court system. It outlines the necessary information for either a Simple (divorce only) or Joint application, including comprehensive details on both applicants and any respondents involved. It is crucial for parties to accurately complete this form to ensure a smooth process in their pursuit of a divorce. To move forward with your application, click the button below to fill out the form.

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Navigating the complexities of divorce in Ontario requires a clear understanding of the legal documents involved, one of which is Form 8A: Application (Divorce). This form serves as the initial step for individuals seeking a divorce, outlining the necessary information and claims parties wish to make. It's designed for either simple divorce applications, where the sole claim is the dissolution of marriage, or joint applications, where both parties mutually agree to the divorce terms. Key sections include personal details of the applicants and respondents, claims made under various acts such as the Divorce Act, and specifics regarding children, support, and property, among others. The form also details the process for opposing claims, emphasizing the importance of responding within specified time frames to avoid the case proceeding without the respondent's input. Additionally, it underscores the necessity of legal advice, pointing towards resources for those who may not afford a lawyer. Importantly, Form 8A sets the foundation for family law proceedings in Ontario, guiding applicants through the procedural requirements and legal responsibilities essential for advancing their case within the court system.

Preview - Ontario Divorce 8A Form

ONTARIO

Court File Number

(Name of court)

SEAL

Court office address

Applicant(s)

Applicant(s) Lawyer

Form 8A: Application (Divorce)

Simple (divorce only)

Joint

Full legal name:

Address:

Phone & fax:

Email:

Name:

Address:

Phone & fax:

Email:

Respondent(s)

Full legal name:

Address:

Phone & fax:

Email:

Respondent(s) Lawyer

Name:

Address:

Phone & fax:

Email:

IN THIS CASE, THE APPLICANT IS CLAIMING DIVORCE ONLY.

TO THE RESPONDENT(S): A COURT CASE FOR DIVORCE HAS BEEN STARTED AGAINST YOU IN THIS COURT. THE DETAILS ARE SET OUT ON THE ATTACHED PAGES.

THIS CASE IS ON THE STANDARD TRACK OF THE CASE MANAGEMENT SYSTEM. No court date has been set for this case but, if you have been served with a notice of motion, it has a court date and you or your lawyer should come to court for the motion. A case management judge will not be assigned until one of the parties asks the clerk of the court to schedule a case conference or until a motion is scheduled, whichever comes first.

IF, AFTER 365 DAYS, THE CASE HAS NOT BEEN SCHEDULED FOR TRIAL, the clerk of the court will send out a warning that the case will be dismissed within 60 days unless the parties file proof that the case has been settled or one of the parties asks for a case or a settlement conference.

IF YOU WANT TO OPPOSE ANY CLAIM IN THIS CASE, you or your lawyer must prepare an Answer (Form 10 – a blank copy should be attached), serve a copy on the applicant and file a copy in the court office with an Affidavit of Service (Form 6B). YOU HAVE ONLY 30 DAYS AFTER THIS APPLICATION IS SERVED ON YOU (60 DAYS IF

THIS APPLICATION IS SERVED ON YOU OUTSIDE CANADA OR THE UNITED STATES) TO SERVE AND FILE AN ANSWER. IF YOU DO NOT, THE CASE WILL GO AHEAD WITHOUT YOU AND THE COURT MAY MAKE AN ORDER AND ENFORCE IT AGAINST YOU.

IF YOU WANT TO MAKE A CLAIM OF YOUR OWN, you or your lawyer must fill out the claim portion in the Answer, serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service.

·If you want to make a claim for support but do not want to make a claim for property or exclusive possession of the matrimonial home and its contents, you MUST fill out a Financial Statement (Form 13), serve a copy on the applicant(s) and file a copy in the court office.

·However, if your only claim for support is for child support in the table amount specified under the Child Support Guidelines, you do not need to fill out, serve or file a Financial Statement.

·If you want to make a claim for property or exclusive possession of the matrimonial home and its contents, whether or not it includes a claim for support, you MUST fill out a Financial Statement (Form 13.1, not Form 13), serve a copy on the applicant(s), and file a copy in the court office.

YOU SHOULD GET LEGAL ADVICE ABOUT THIS CASE RIGHT AWAY. If you cannot afford a lawyer, you may be able to get help from your local Legal Aid Ontario office. (Go to www.legalaid.on.ca/.)

FLR 8A (December 1, 2020)

Page 1 of 6

Form 8A: Application (Divorce)

(page 2)

Court File Number

THIS CASE IS A JOINT APPLICATION FOR DIVORCE. THE DETAILS ARE SET OUT ON THE ATTACHED PAGES. The application and affidavits in support of the application will be presented to a judge when the materials have been checked for completeness.

If you are requesting anything other than a simple divorce, such as support or property or exclusive possession of the matrimonial home and its contents, then refer to page 1 for instructions regarding the Financial Statement you should file.

Date of issue	Clerk of the court
FLR 8A (December 1, 2020)	Page 2 of 6

Form 8A: Application (Divorce)

(page 3)

Court file number

		FAMILY HISTORY
APPLICANT:	Age:	Birthdate: (d, m, y)
Resident in (municipality & province)		since (date)

First name on the day before the marriage date:

Last name on the day before the marriage date:

Gender on the day before the marriage date:

Male	Female	Another gender
Divorced before?	No	Yes (Place and date of previous divorce)

RESPONDENT/JOINT APPLICANT:		Age:	Birthdate: (d, m, y)
Resident in (municipality & province)
First name on the day before the marriage date:
Last name on the day before the marriage date:
Gender on the day before the marriage date:
Male	Female		Another gender
Divorced before?	No	Yes (Place and date of previous divorce)

since (date)

Gender information not available

RELATIONSHIP DATES:

Married on (date) Separated on (date)

Started living together on (date) Never lived together

THE CHILD(REN)

List all children involved in this case, even if no claim is made for these children.

Full legal name

Age

Birthdate

(d,m,y)

Resident in

(municipality & province)

Now Living With

(name of person and relationship to

child)

PREVIOUS CASES OR AGREEMENTS

Have the parties or the children been in a court case before?

Yes

Have the parties made a written agreement dealing with any matter involved in this case?

Yes (Give date of agreement. Indicate which of its terms are in dispute. Attach an additional page if you need more space.)

FLR 8A (December 1, 2020)

Page 3 of 6

Form 8A:

Application (Divorce)

(page 4)

Court file number

Has a Notice of Calculation and/or a Notice of Recalculation been issued by the online Child Support Service in this case?

Yes (Give date(s) of Notice(s) of Calculation or Recalculation.)

If yes, are you asking the court to make an order for child support that is different from the amount set out in the Notice?

Yes (Provide an explanation.)

CLAIMS

USE THIS FRAME ONLY IF THIS CASE IS A JOINT APPLICATION FOR DIVORCE

WE JOINTLY ASK THE COURT FOR THE FOLLOWING:

Claims under the Divorce Act	Claims under the Family Law Act or	Claims relating to property
	Children’s Law Reform Act

a divorce	10
spousal support	11
support for child(ren) –
table amount	12
support for child(ren) –
other than table amount	13
decision-making responsibility
for child(ren)	14
parenting time with child(ren)	15
	16
	17
	18

spousal support support for child(ren) – table amount

support for child(ren) – other than table amount

decision-making responsibility for children

parenting time with child(ren) restraining/non-harassment order indexing spousal support

declaration of parentage guardianship over child’s property

20 equalization of net family properties

21 exclusive possession of matrimonial home

22 exclusive possession of contents of matrimonial home

23 freezing assets

24 sale of family property

Other claims

30 costs

31 annulment of marriage

32 prejudgment interest

50 Other (Specify)

USE THIS FRAME ONLY IF THE APPLICANT’S ONLY CLAIM IN THIS CASE IS FOR DIVORCE.

I ASK THE COURT FOR:

(Check if applicable.)

a divorce

costs

IMPORTANT FACTS SUPPORTING THE CLAIM FOR DIVORCE

Separation: The spouses have lived separate and apart since (date)

and

have not lived together again since that date in an unsuccessful attempt to reconcile.

have lived together again during the following periods(s) in an unsuccessful attempt to reconcile: (Give dates.)

Adultery: (Name of spouse)

has committed adultery.

(Give details. It is not necessary to name any other person involved but if you do name the other person, then you must serve this application on the other person.)

FLR 8A (December 1, 2020)

Page 4 of 6

Form 8A:

Application (Divorce)

(page 5)

Court File Number

Cruelty: (Name of spouse)	has treated (name of
spouse)	with physical or mental cruelty of such a kind as to
make continued cohabitation intolerable. (Give details.)

USE THIS FRAME ONLY IF THIS CASE IS A JOINT APPLICATION FOR DIVORCE.

The details of the other order(s) that we jointly ask the court to make are as follows: (Include any amounts of support and the names of the children for whom support, decision-making responsibility, parenting time or contact is to be ordered.)

IMPORTANT FACTS SUPPORTING OUR CLAIM(S)

(Set out the facts that form the legal basis for your claim(s). Attach an additional page if you need more space.)

APPLICANT’S CERTIFICATE

(Your lawyer, if you are represented, must complete the Lawyer’s Certificate below.)

Sections 7.1 to 7.5 of the Divorce Act and section 33.1 of the Children’s Law Reform Act require you and the other party to:

Exercise your decision-making responsibility, parenting time, or contact with a child in a manner that is consistent with the child’s best interests;

Protect the child from conflict arising from this case, to the best of your ability;

Try to resolve your family law issues by using out-of-court dispute resolution options, if it is appropriate in your

case (for more information on dispute resolution options available to you, including court-connected mediation, you can visit the Ministry of the Attorney General’s website or www.stepstojustice.ca);

Provide complete, accurate, and up-to-date information in this case; and

Comply with any orders made in this case.

We/I certify that we are/I amaware of these duties under the Divorce Act and the Children’s Law Reform Act.

Complete this section if your only claim is for a divorce. Your lawyer, if you are represented, must complete the Lawyer’s Certificate below.

Date of signature	Signature of applicant
Complete this section if you are making a joint application for divorce.
Date of signature	Signature of joint applicant
Date of signature	Signature of joint applicant

FLR 8A (December 1, 2020)

Page 5 of 6

Form 8A:

Application (Divorce)

(page 6)

Court File Number

LAWYER’S CERTIFICATE

My name is:

and I am the applicant’s lawyer in this case. I certify that I have complied with the requirements of section 7.7 of the Divorce Act and section 33.2 of the Children’s Law Reform Act regarding reconciliation and the duty to discuss and inform.

Date	Lawyer’s signature

My name is:

Date	Lawyer’s signature

FLR 8A (December 1, 2020)

Page 6 of 6

Download Ontario Divorce 8A PDF Form

Form Data

Fact Name	Description
Governing Laws	The Form 8A Application (Divorce) in Ontario is governed by the Divorce Act and the Children’s Law Reform Act.
Types of Applications	Form 8A provides options for Simple (divorce only) and Joint applications.
Answer Requirement	Respondents have 30 days after being served (60 days if served outside Canada or the United States) to serve and file an Answer.
Financial Statements	If claiming support, a Financial Statement (Form 13 or 13.1) must be filled out, served, and filed, depending on the nature of the claim.
Case Management System	This case tracks the standard process of the case management system, which includes a warning for dismissal if not scheduled for trial within 365 days.
Legal Advice	Applicants and respondents are advised to seek legal advice immediately, with mention of possible assistance from Legal Aid Ontario for those who cannot afford a lawyer.

Instructions on Utilizing Ontario Divorce 8A

Filling out the Ontario Divorce Form 8A marks a significant step towards legally ending a marriage in Ontario, Canada. This form is used for both simple and joint divorce applications, where the simple application is initiated by one party against the other, and the joint application is filed together by both spouses. A meticulous approach to completing this form ensures accuracy, which is crucial for the judicial process that follows. It involves listing personal details, the marriage and separation dates, details about children (if any), and the specific claims being made. Here is how you should go about filling out Form 8A:

Start with the Court File Number at the top of the form, which will be provided by the court.
Enter the Name of the Court and the Court Office Address where you are filing the application.
Applicant(s): Fill in your full legal name, address, phone and fax numbers, and email. If there are lawyers representing the applicants, their information must be included as well.
Respondent(s): Similar to the applicant section, fill in the full legal name, address, phone and fax numbers, and email of the respondent(s). Include respondent's lawyer's information if applicable.
Under the section titled FAMILY HISTORY, provide detailed information regarding both the applicant's and respondent's/joint applicant's age, birth date, residency, names before the marriage, gender before the marriage, and any previous divorces.
Fill in the RELATIONSHIP DATES, including the dates of marriage, separation, and, if applicable, the date you started living together.
For THE CHILD(REN) section, list all relevant details about the children involved in this case, even if no direct claims are made for them.
Answer questions about any PREVIOUS CASES OR AGREEMENTS involving the parties or the children and provide details if applicable.
Under CLAIMS, indicate whether the application is a joint one and specify what is being requested, such as a divorce, child support, spousal support, decisions about the children, and property issues, among others.
Detail the IMPORTANT FACTS SUPPORTING THE CLAIM FOR DIVORCE, including grounds such as separation, adultery, or cruelty, with specific dates and details where required.
In the section for APPLICANT’S CERTIFICATE, read and acknowledge your understanding of the duties under the Divorce Act and the Children’s Law Reform Act by signing and dating the form. If it is a joint application, this step pertains to both parties.

Once the form has been thoroughly and accurately filled out, it is then ready to be filed with the court alongside any other required documentation. This step initiates the legal proceedings for a divorce. Filing the Form 8A is just the inception; the process that follows involves serving the documents on the respondent, responding to any claims, and potentially attending court sessions to finalize the divorce. It's important to understand that legal advice can provide valuable guidance through these steps, especially in complicated situations involving property, children, or spousal support.

Obtain Answers on Ontario Divorce 8A

What is Form 8A in Ontario divorce proceedings?

Form 8A is known as the Application (Divorce) form used in Ontario, Canada. This form is utilized when one or both parties seek to initiate a divorce. Depending on the situation, this application can either be simple (divorce only) or joint (both parties agree to the divorce).
When should you use the simple divorce application versus the joint divorce application on Form 8A?

A simple divorce application is used when one party is applying for a divorce without the claims for other remedies such as support or custody. In contrast, a joint divorce application is utilized when both parties agree to the divorce and all its terms, including the division of property, custody of children, and any support arrangements.
What are the required steps if you want to oppose a divorce claim made with Form 8A?

If you wish to oppose a divorce claim, you or your lawyer must prepare an Answer using Form 10, serve a copy on the applicant, and file it in the court office with a completed Affidavit of Service (Form 6B). You have 30 days from when the application was served on you, or 60 days if served outside Canada or the United States, to serve and file an Answer.
What should you do if you want to make a claim of your own in response to a divorce application?

To make your own claim in response to a divorce application, you must fill out the claim portion in Form 10, serve a copy on the applicant(s), and file it in the court office along with an Affidavit of Service. If your claim includes the need for support but excludes property claims, a Financial Statement (Form 13) must be filled out, served, and filed. For property or exclusive possession claims, a Financial Statement (Form 13.1) is required.
How can you get legal advice if you cannot afford a lawyer for your divorce case?

If you cannot afford a lawyer, you may be eligible for assistance from Legal Aid Ontario. Information and services provided by Legal Aid can offer support and guidance through the divorce process for those who qualify financially.
What happens if a Form 8A divorce application is not responded to within the given timeframe?

If an Answer is not served and filed within the specified timeframe (30 days, or 60 days if served outside Canada or the US), the divorce case may proceed without the respondent's involvement. The court may then make orders that can be enforced against the respondent without their input.
Is a financial statement always required when filing an Answer to a divorce application?

A Financial Statement is not always required. If the respondent's claim only involves a child support request in the table amount specified under the Child Support Guidelines, they are not required to fill out, serve, or file a Financial Statement. In most other instances involving claims for support, exclusive possession, or property, a Financial Statement is necessary.
What obligations do parties have regarding children during a divorce proceeding according to Form 8A?

Parties are required to act in a manner that protects the child from conflict, attempts to resolve family law issues using out-of-court options when appropriate, and ensures that decision-making responsibility and parenting time or contact with the child are consistent with the child's best interests. They must also provide complete, accurate, and updated information throughout the case.
How are property and other financial claims dealt with in the Form 8A application for divorce?

For claims concerning property division, spousal or child support beyond the table amount, or exclusive possession of the matrimonial home, the filing party must fill out and file a Financial Statement (Form 13.1). This outlines financial circumstances and supports claims made in the divorce application, ensuring fair consideration and resolution by the court.

Common mistakes

When completing the Ontario Divorce Form 8A, people often make various mistakes. These mistakes can delay the process and lead to unnecessary complications. It's crucial to fill out this form accurately and thoroughly to avoid any setbacks in your divorce proceedings. Here are ten common mistakes to avoid:

Not providing full legal names. It's important to include your full legal name as well as that of your spouse, exactly as they appear on legal documents.
Incorrect or incomplete addresses. You must provide accurate and complete addresses for yourself, your spouse, and any lawyers involved. This ensures that all communications reach the right parties.
Leaving contact information sections blank. Phone numbers, fax numbers, and email addresses are crucial for communication. Ensure these are filled out correctly.
Failure to accurately state the claims. If you are making specific claims, such as for divorce only or including other claims like support or division of property, clearly specify these in the appropriate section.
Incorrect date of separation. The date of separation is a critical piece of information that needs to be correctly documented. This date affects your divorce process.
Omitting previous court cases or agreements. If there have been previous cases or agreements between you and your spouse regarding matrimonial matters, these need to be disclosed.
Not attaching necessary documents. If references are made to agreements, court orders, or other documents, ensure they are attached to the application.
Inaccurate information about children. All information about children, including their full legal names, ages, and where they currently live, must be accurately provided.
Ignoring financial statement requirements. Depending on your claims, you may need to fill out and attach a Financial Statement (Form 13 or 13.1). Ensure you understand and comply with these requirements.
Not seeking legal advice. This form mentions the importance of getting legal advice. Skipping this step can lead to mistakes in filling out the form and the overall handling of your divorce.

Avoiding these mistakes can help streamline the process of filing for divorce. Always double-check your forms before submission to ensure all information is complete and accurate.

Documents used along the form

When going through the process of a divorce in Ontario, utilizing the Form 8A (Application for Divorce) is just the beginning. There are several other forms and documents that you may need to complete your application correctly and fully represent your interests. Here's a look at some of these essential documents:

Form 10: Answer - This form is used by the responding party to answer the application for divorce. It allows them to agree with or dispute the claims made in the divorce application.
Form 6B: Affidavit of Service - This document proves that the divorce application and any other necessary documents were served to the other party, showing the time, place, and method of service.
Form 13: Financial Statement (Support Claims) - Required when making a claim for support (but not for property), this form outlines an individual's financial situation, including income, expenses, assets, and liabilities.
Form 13.1: Financial Statement (Property and Support Claims) - Similar to Form 13 but required when claims for property or exclusive possession of the matrimonial home are made, in addition to any support claims.
Form 35.1: Affidavit in Support of a Claim for Custody or Access - Used when a party is making a claim for child custody or access. It details the reasons why their requested arrangement is in the child’s best interest.
Form 25A: Divorce Order - This form outlines the final orders made by the court regarding the divorce, including any terms related to spousal support, child support, division of property, and any other relevant matters.
Form 36: Affidavit for Divorce - Filed by one or both parties, this document contains statements that support the grounds for divorce claimed in the application.
Form 15: Motion to Change - This form is a request to the court to change a final order or agreement previously made regarding issues like custody, access, child support, or spousal support.
Form 14A: Affidavit (General) - Utilized for various purposes within family court proceedings, this general affidavit allows individuals to make sworn statements about facts relevant to their case.

Each of these documents plays a critical role in the divorce process, helping individuals to navigate through the legal intricacies with clarity and ensure that their rights and interests are adequately represented. It's important to take the time to understand the purpose of each form and to complete them accurately, providing a comprehensive view of your circumstances and how you wish the court to address them.

Similar forms

The Ontario Divorce Form 8A shares similarities with various other legal documents in several jurisdictions, mainly due to their structured approach toward initiating legal actions or responding to them. Each of these documents is designed with the intent to streamline the legal process, ensuring clarity and compliance with legal requirements. Here are seven documents similar to the Ontario Divorce Form 8A:

Summons (Civil Procedure Form): Similar to Form 8A, a Summons typically notifies the respondent that a legal action has been initiated against them and outlines the steps they must take to respond. Both documents serve as an initial step in a court process, requiring the recipient to take action within a specified timeframe.
Petition for Dissolution of Marriage (United States): This document initiates the divorce process in many states within the U.S. Like Ontario's Form 8A, it includes personal details, information about the marriage, grounds for the divorce, and the relief sought from the court.
Application for a Decree Nisi/Conditional Order (United Kingdom): Used in the divorce process in the UK, this application moves a divorce into the final stages, similar to how Form 8A can request a divorce judgment. Both documents are part of a process that legally dissolves a marriage.
Notice of Family Claim (British Columbia, Canada): This document is used to start family law cases in British Columbia, including divorce applications. It is akin to Form 8A in that it sets the stage for legal proceedings by detailing the claims and relief sought by the applicant.
Statement of Claim for Divorce (Alberta, Canada): This is the initial filing document for starting a divorce in Alberta, containing details about the parties, marriage, grounds for divorce, and requests for relief – closely paralleling the purpose and content of Ontario's Form 8A.
Family Law Civil Bill (Ireland): In Ireland, this document initiates proceedings in family law cases, including divorce. It is comparable to Form 8A as it formally starts the legal process by stating the applicant's claims and the desired outcome from the court.
Case Information Statement (New Jersey, United States): Though used primarily for financial disclosure in family law cases, the Case Information Statement's requirement for comprehensive personal and financial details echoes the detailed disclosures seen in Form 8A for divorce proceedings in Ontario.

Each of these documents, while tailored to the legal system of their respective jurisdictions, shares the common purpose of initiating procedural steps toward resolving a legal issue - in this case, the dissolution of a marriage. Form 8A and its counterparts ensure that parties to a divorce are informed of the proceedings, obligations, and potential outcomes from the onset of their case.

Dos and Don'ts

Filling out the Ontario Form 8A for a divorce application requires careful attention to detail and adherence to certain do's and don'ts to ensure accurate and efficient processing of your application. Here are some guidelines to follow:

Do's:

Ensure all information is complete and accurate. Double-check names, addresses, birthdates, and other personal information for typos or inaccuracies.
Include detailed explanations for any claims, such as grounds for the divorce. If the divorce is based on separation, adultery, or cruelty, provide clear, concise details as required.
Attach additional pages if needed. If you find that the space provided on the form is insufficient to detail your history or claims, attach additional sheets clearly marked with your name and the court file number.
Seek legal advice if unsure. Divorce proceedings can be complex, and the implications of your application are significant. If in doubt, consulting a lawyer can help ensure your rights are protected.
Use the correct form for financial claims. If you are making claims for support, property, or exclusive possession of the matrimonial home, ensure you fill out the appropriate Financial Statement (Form 13 or 13.1).
Comply with service and filing timelines. Adhere strictly to the stipulated 30 or 60-day period for serving and filing an answer, to avoid unnecessary delays or a default judgment against you.

Don'ts:

Don't leave sections incomplete. Failure to provide required information may result in processing delays or the rejection of your application.
Don't overlook the requirement for a Financial Statement when making certain claims. This is especially critical if you're seeking support or division of property.
Don't ignore the certificate sections at the end of the application. These certificates affirm your awareness of your responsibilities under the law toward your children and the accuracy of the information provided.
Don't serve or file documents outside the stipulated timelines. Doing so can significantly impact your case, including the potential for it to proceed without your input.
Don't forget to check whether there are previous court cases or agreements that might affect your current application. This information is vital for a comprehensive understanding of your situation.
Don't attempt to navigate the process alone if you feel overwhelmed. Legal advice can be invaluable, and legal aid options may be available if you cannot afford a lawyer.

Misconceptions

When navigating the process of filing for a divorce in Ontario, understanding the Form 8A: Application (Divorce) is crucial. Several misconceptions about this form can lead to confusion, inefficiencies, and unnecessary stress. By addressing nine common misconceptions, individuals can better prepare for and navigate their divorce proceedings.

Misconception 1: Form 8A is the only document needed to file for divorce.
Truth: While Form 8A is fundamental for filing a divorce application, additional documents, such as a marriage certificate or a separation agreement, might be required depending on the circumstances of the divorce.
Misconception 2: You don't need a lawyer to complete Form 8A.
Truth: While it's possible to complete Form 8A without legal assistance, getting legal advice can help ensure that the application correctly reflects your intentions and legal rights, especially in complex situations.
Misconception 3: Form 8A can be used for any type of divorce.
Truth: Form 8A is specifically for simple (divorce only) or joint divorce applications. If there are additional claims, such as child support or property division, other forms and processes are involved.
Misconception 4: Filing Form 8A immediately grants you a divorce.
Truth: After filing Form 8A, there are legal processes to follow, including serving the application on your spouse and possibly attending court hearings, before a divorce is granted.
Misconception 5: Form 8A covers child custody and support arrangements.
Truth: Form 8A is primarily for the dissolution of marriage. Issues regarding child custody, support, and property division generally require additional forms and documentation.
Misconception 6: You must prove fault to file for divorce using Form 8A.
Truth: Canada offers no-fault divorce, which means you don't need to prove your spouse's wrongdoing. Stating that the marriage has broken down due to separation for one year, adultery, or cruelty is sufficient.
Misconception 7: A court appearance is always required after filing Form 8A.
Truth: If both parties agree on the divorce and its terms, and if there are no complications, a court appearance may not be necessary. However, certain situations might require a hearing.
Misconception 8: Children's details on Form 8A dictate custody arrangements.
Truth: Listing children's details on Form 8A is important for the record, but it does not establish custody arrangements. Custody and parenting time are determined through additional legal processes.
Misconception 9: Form 8A requires detailed financial disclosure for both parties.
Truth: While financial disclosure is an essential part of divorce proceedings, especially for determining support and property division, Form 8A itself doesn't require detailed financial information. However, financial statements may be needed if these issues are contested.

Understanding these misconceptions about the Ontario Divorce Form 8A can help individuals navigate their divorce process more effectively and with realistic expectations. It is advisable to seek legal advice to ensure that all legal requirements are met and rights are protected throughout this process.

Key takeaways

Filling out and using the Ontario Divorce Form 8A requires careful attention to detail and an understanding of what information is being requested. Here are five key takeaways to guide you through this process:

Form 8A allows for two types of divorce applications - simple (divorce only) or joint. It is crucial to determine which application suits your situation before proceeding. A simple application is used when one party is applying for the divorce, whereas a joint application is used when both parties agree to the divorce and file the application together.
Applicants must provide comprehensive personal information, including full legal names, addresses, and contact details for both parties. This includes information regarding any lawyers representing you or your spouse. Ensuring this information is accurate and current is necessary for the legal process to proceed smoothly.
The form requires detailed information about the marriage, including the date of marriage, date of separation, and details concerning any children from the marriage. It is important to fill out these sections carefully, as they play a critical role in the divorce proceedings, especially in matters concerning child custody and support.
If there are claims for support (spousal or child support), claims for property division, or requests for other specific orders (such as exclusive possession of the matrimonial home), additional financial disclosures must be made. This involves completing and filing a Financial Statement (Form 13 or Form 13.1), separate from the divorce application. Whether you need to fill out Form 13 or Form 13.1 depends on the nature of your claim.
The form outlines the legal obligations of the applicants, emphasizing the need to act in the best interests of any children involved and to resolve issues through out-of-court dispute resolution methods when possible. It also highlights the importance of providing complete, accurate, and up-to-date information throughout the process. Applicants and their lawyers (if represented) are required to sign the form, certifying their awareness and understanding of these duties.

Additionally, it is important to note that there are strict deadlines for responding to a divorce application once it is served. If you are the respondent, you have 30 days within Canada or 60 days if served outside Canada or the United States to serve and file an Answer. Failing to do so may result in the divorce proceeding without your input, and decisions being made in your absence. Hence, seeking legal advice promptly upon receiving a divorce application is advisable.

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