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Difference between revisions of "Simple Divorce Procedure: Step by Step (3:VI)"
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Simple Divorce Procedure: Step by Step (3:VI) (view source)
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'''Service by a Process Server:''' Process Servers are listed in the Yellow Pages. They require the addresses of the respondent, home and business, the telephone numbers, and a photograph of the respondent. They will also need two copies of the Notice of Family Claim, one for the spouse, and one to staple tothe affidavit of personal service. | '''Service by a Process Server:''' Process Servers are listed in the Yellow Pages. They require the addresses of the respondent, home and business, the telephone numbers, and a photograph of the respondent. They will also need two copies of the Notice of Family Claim, one for the spouse, and one to staple tothe affidavit of personal service. | ||
''' | '''Substitute Service:''' Evidence of efforts to find the respondent will be required before an order for substitute service can be granted. Some methods of finding the respondent are: | ||
*calling or writing to relatives (usually the most successful); | *calling or writing to relatives (usually the most successful); | ||
*advertising in a local newspaper; | *advertising in a local newspaper; | ||
*writing to the Superintendent of Motor Vehicles to see if any vehicles have been registered in his or her name. The client should ask whether any fees will be incurred before proceeding; | *writing to the Superintendent of Motor Vehicles to see if any vehicles have been registered in his or her name. The client should ask whether any fees will be incurred before proceeding; | ||
*asking the local police if they have any information on his whereabouts, although they are usually reluctant to help; | *asking the local police if they have any information on his whereabouts, although they are usually reluctant to help; | ||
*using a credit bureau or collection agency; | *using a credit bureau or collection agency; | ||
*asking friends of the respondent about his current address. | *asking friends of the respondent about his current address; or | ||
*searching on Google and social media sites such as Facebook. | |||
'''Step 6:''' Once the time for the respondent to file a Response to Family Claim has expired, the spouse applying for the divorce must swear an affidavit. The affidavit will need to be sworn before a notary public, the registry staff ($40), or a lawyer. The time limit for filing a Response to Family Claim orCounterclaim, is 30 days, or, in the case of a substitution service order, such time as the order provides for the filing of a Response to Family Claim or Counterclaim. | '''Step 6:''' Once the time for the respondent to file a Response to Family Claim has expired, the spouse applying for the divorce must swear an affidavit. The affidavit will need to be sworn before a notary public, the registry staff ($40), or a lawyer. The time limit for filing a Response to Family Claim orCounterclaim, is 30 days, or, in the case of a substitution service order, such time as the order provides for the filing of a Response to Family Claim or Counterclaim. | ||
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*d) a certificate of the registrar in Form F36; | *d) a certificate of the registrar in Form F36; | ||
*e) a requisition requesting a search for any Response to Family Claim; | *e) a requisition requesting a search for any Response to Family Claim; | ||
*f) an affidavit in support of the application (Form F38), sworn after the time for the respondent to file a Response to Family Claim has expired, which includes proof of the allegations made regarding the breakdown of the marriage; | *f) an affidavit, sworn within 30 days of the date in which the application is made, in support of the application (Form F38), sworn after the time for the respondent to file a Response to Family Claim has expired (no earlier than one year after the date of separation if the ground of divorce is that the spouses have lived separate and apart for one year), which includes proof of the allegations made regarding the breakdown of the marriage or (in the case where the only ground of divorce is that the spouses have lived one year separate and apart) a sworn statement that the facts in the Notice of Family Claim are true; | ||
*g) a child support affidavit in Form F37, if there are children; and | *g) a child support affidavit in Form F37, if there are children; and | ||
*h) the filing fee. | *h) the filing fee. | ||
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'''Step 9:''' If the Court is prepared to make the order sought, the order will be available at the Court registry some time after the application is filed. Clients should simply call the registry to see whether their order is ready rather than attending in person. Clients will be required to show valid photo ID to pick up their divorce order. | '''Step 9:''' If the Court is prepared to make the order sought, the order will be available at the Court registry some time after the application is filed. Clients should simply call the registry to see whether their order is ready rather than attending in person. Clients will be required to show valid photo ID to pick up their divorce order. | ||
'''Step 10:''' Thirty-one days after the divorce order has been granted (the date shown on the front of the divorce order), the client may apply to get a Certificate of Divorce by filing two copies of the requisition requesting a Certificate of Divorce. The fee is $ | '''Step 10:''' Thirty-one days after the divorce order has been granted (the date shown on the front of the divorce order), the client may apply to get a Certificate of Divorce by filing two copies of the requisition requesting a Certificate of Divorce. The fee is $40. Note that it is not always necessary to obtain a Certificate of Divorce. | ||
== B. Joint Application == | == B. Joint Application == | ||
