Preparing an application
Once you have collected all the information you need, you can begin to draw up your application for a divorce on the basis of your draft agreement. You and your former spouse will need to:
- print out and complete the model forms for your joint divorce application;
- attach the required documents to your joint application;
- file the application and documents at the office of the Superior Court for the judicial district where you or your former spouse live;
- pay the court office fees, except if you can present a certificate of eligibility for legal aid.
You must follow the instructions in the brochure Joint Application for Divorce on Joint Agreement to print out the following model forms:
- Draft agreement;
- Application for divorce;
- Attestation in respect of the registration of births;
- Backing sheet, to which you must staple all the other documents, including the application for divorce and the draft agreement.
You and your former spouse must complete the forms using your information. You can ask a legal advisor for help if needed.
|Divorce without a court hearing |
In some courthouses, you and your former spouse can each file a sworn statement instead of appearing before the court. In this case, you must both:
You must then attach the sworn statements to the rest of your joint application.
You must include the following documents with your application:
- copies of your birth certificates;
- a copy of your marriage certificate;
- a certified copy of your marriage contract, if applicable;
- a certified copy of the judgment granting your legal separation, if applicable.
In some cases, you must also give the court various documents concerning your children, such as copies of their birth certificates.
Depending on your situation, other documents may also be required.