Commencing the court process
The court process in a family law case commences when either you or your spouse brings
an Application which sets the issues you want the court to determine and the orders you
are asking the judge to make. If you’re commencing the Application, you’re called the “Applicant.” Your spouse is called the “Respondent.”
If you’re married, in most cases you’ll be bringing a “General Application for Divorce,”
meaning you’re seeking a divorce and asking the court to resolve certain issues between
you and your spouse. If you and your spouse agree to divorce, and if there are no issues remaining to be determined such as child and spousal support and custody, then you can
bring a “Simple Application for an Uncontested Divorce.”
You can also commence a “General Application” if you were married and aren’t
seeking a divorce, but are asking the court to resolve certain issues between you and
our spouse or if you were living in a common law relationship and are asking the court to resolve certain issues between you and your common law spouse. Furthermore, you can
commence a “General Application” if you have a child with someone, but never lived
together.
If you’re claiming support for your children and/or yourself, and/or if you’re claiming
an interest in property and/or exclusive possession of the matrimonial home, you’ll need to
complete and attach a “Financial Statement” to your Application.
You generally bring your Application in the municipality where you live or, in a
custody and access case, in the municipality where your children live. You’ll need to
take your Application to the court office in this municipality to be issued. The court
will issue you a court file number for your case. There’s a fee for filing your
Application.
After your spouse has been served, the person who served him or her must
complete an “Affidavit of Service” documenting the fact that they served the
Application and how. This Affidavit must later be filed with the Application in
the court’s copy of the Continuing Record.
Your spouse will then typically have 30 days from the date he or she was served to
respond to your Application by preparing and serving on you an “Answer.”
As the Applicant, you have the opportunity to Reply to your spouse’s Answer.
This is only if the Answer raises new issues that weren’t addressed in your
Application. The time period for serving and filing your Reply is typically
10 days from the date you were served .
Good luck! It WILL NOT BE EASY but don't give up! I did it, YOU CAN TO
Franklin Saplamaeff
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