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The Instruction of Finishing Form 25a Divorce Order on the Internet

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CocoSign's Guide About Finishing Form 25a Divorce Order

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How Do You Get Form 25a Divorce Order and Sign It Online?

welcome my name is Jason with theself-represented litigants Society andthis is starting a family courtapplication in Ontario now there may beapplicable for there's not gonna be anyapplicable forms let's face itjurisdiction by jurisdiction forms aregoing to always be different now withthat said there is going to besimilarities when we take a look at someof these forms you're going to see a lotof the same information that's necessarysome basic things that you need in aform are you know the names of theparties the names of the court theaddress of the court the file number thedetails of the claim that's the mostimportant section is what it is thatyou're actually asking the court for andwhat is an application anyways it'sbasically just a request of a courtbecause you can't seem to figure thisout with your ex-partner so that's theproblem that we have when we have peoplegoing into into family court we havethem not being able to resolve theirissues and how do we do it well one wayto do it is to start a family courtapplication and here in Ontario is whereyou go Ontario court forms dot o NCAthey have English and French and take alook at the main landing page hereyou're gonna find a lot of helpfulinformation a lot of helpful informationif you're a self represented litigantsI'd may be helpfulcontinuing law rule family law rulescontinuing record so a continuing recordis essentially the formal bookthe formal book for what the court filelooks like so this is what the actualcover of the continuing record lookslike this will be printed off at thecourthouse already they will have a copyof this volume one will go here when youstart off the put the file number herethe the name of the court the addressthe applicants name the respondents nameagain the applicant is the person thatis making the application first therespondent is the person who isresponding to the application or theopposing side and there can be there canbe multiple applicants and there can bemultiple respondents there can also be achildren's lawyer involved although thatusually wouldn't that that usuallywouldn't go in into into play untilafter the file has been started butsometimes somebody can retain a lawyerseparately for a child and they can beinvolved right from the start whichcould be a benefit to your case table ofcontents so a table of contents isimportant to look at when you areactually getting to the courthouse herein Ontario they make you fill out thistable of contents again with most ofthese forms you're going to see the samekind of heading section here you'regonna see the file number up here thename of the chord court office addressthis is the name of the form right herealways in the top right hand corner ofthe form you're going to see what thatform is so look right to the top righthand corner of that form first pagethat's gonna indicate what form you'relooking at all the time the applicantthe respondent on the bottom again youraddress your contact information and ifyou have a lawyer your lawyer will befilling most of this out if you don'thave a lawyer this is why you'reprobably watching this video and youwould leave this section blank sometimespeople put on here self representif I'm a respondent and I'm selfrepresented I'll put on my contactinformation over here and then I willhave self represented over here thedocument that I'm filing the firstdocument will be the application thatwould be the form 8 in in thisparticular case it would be filed by theI would put an A right here that I amthe applicant the date of the documentwould be the date of the completion ofthe document which is typically this1date so the date of issue now this could1be prepared on a separate date and I1think there is another spot on here for1yeah date the date of the signature1could be different than the date of1issue so if I sign this right in front1of the clerk and then I'm having you1issued right there then I would1essentially have the same date here as1well as up here at the date of issue so1the date of issue what is the date of1issue the date of issue is essentially1the date that the court creates a court1file number the court file number is1important because obviously you want1this to be tracked in the computer1system at the courthouse1you want to be able to appear before a1judge so you need a court file number1and what goes hand-in-hand with a court1file number is paying a fee so to file1this application in Superior Court I1think I'm not positive I'm gonna take a1quick giggle Superior Court1I think it's a hundred and forty dollars1to start an application in Superior1Court okay one hundred fifty seven1dollars in Superior Court funny enough I1don't know why but in the Ontario Court1of Justice if you were to start an1application in the Ontario Court of1Justice there is no filing fee there is1no responding fee so to file an answer1just to respond to somebody filing an1app an application and to bring you into1court in Superior Court here in Ontario1it's a hundred and twenty-five dollars1on placing of the application on the1list of hearing so this is to be put1down for trial two hundred and eighty1dollars on the issue of a summons to a1witness1$19.00 you making copies out of the1court file is one dollar per page or1three dollars and fifty cents per page1if you want it certified and I think1okay so there's no I thought there was1but there isn't in in Superior Court in1civil matters there is a fee every time1you file a motion so there isn't a fee1for filing motions in Superior Court for1four motions in the Superior Court of1Justice but that's all kind of1encompassed with the the main filing fee1so what are we gonna do here we're gonna1go step by step through the application1form first step I would say right off1the bat is to organize yourself1you know you want to figure out you want1to take a look at these forms and you1want to figure out what information you1need and one of them one of the critical1forms that you need to file with your1application is your form 13 which is1your financial statements your financial1statement is a sworn document1it's an affidavit and it has a whole1bunch of information your employment1information it needs all your1contributions your cell phone bill how1much she spend in groceries a month your1tabled expenses for a a month are gonna1go in here all your debts and assets are1also gonna go in here as well also it's1it's it's essentially looking for what1your net worth is so don't sign this1make sure you don't sign this you want1to make sure your going to sign this in1front of a commissioner for taking1affidavits you can also do it a lawyer1or a paralegal in Ontario or a notary1public is is somebody also that can1commissioned an affidavit so the don't1don't sign this yet I'm just kind of1showing you this is one of the things1that you may want to peruse to gather1information first to organize step two1obviously is to fill out the forms you1know we could probably put1we could probably put a step in between1here that could be something along the1lines of explore mediation which could1be another complete step or a series of1steps I should say but we're not gonna1go into that today mediation and1alternative resolution or alternative1dispute resolution methods are very good1and I encourage you to look at that even1if you're self represented it's to your1benefit to try and be as quote-unquote2reasonable as possible in family court2this looks so good on paper and in front2of a judge and it will help your case2believe me if you want to be angry you2want to go and you want to fight you2want to do this you want to do that you2want to take what's yours you want to2get your kids you do this and da ba bla2what's gonna happen is you're going to2piss off people essentially and this2comes from personal experience I can2tell you for sure that being angry and2wanting to you know get the other side2that's something that doesn't work well2in family court the whole test for2family court when kids are involved is2what is in the best interest of the2children so the forms that I'm gonna be2showing you today are going to explore2full-out a custody dispute so you're2going to need you're going to need a2form eight loops a form eight is a2general application so if you're in a2custody if you're if you have kids2involved you want to you know settle2issues about access and custody I would2be using a form eight also2if kids are involved and if there's2going to be any kind of support paid you2have to be filling out a form 13 which2is financial statement also get to that2this is also something we're gonna get2to in a little bit a thirty five point2one is necessary for filing for filing2an application so a thirty five point2one is an affidavit in support of claim2for custody or access and that has to be2dated up here so these are the three2main forms that we're gonna talk about2we're also going to briefly get into the2affidavit of service the affidavit of2service once everything has been served2the applicant is then responsible for2filing the app affidavit of service so2step-by-step form eight a financial2actually let's just put the form numbers2again this is not going to be applicable2for everybody where am I going here okay2form 13 is the financials and form 352oops2thirty five point one and then we can2also fill out the form six B2which is the affidavit of service um I2guess I should also get into in case2just in case you're interested and you2fall within the guidelines so back on2the Ontario Court form so NCA website if2you fall within the guidelines you could2be able to get a fee waiver and a fee2waiver is something that I don't suggest2easily it's people usually who have2income I think of less than a certain2amount per year I think under I don't2even know what it is actually and if I2open this up I don't have Microsoft Word2and it's not gonna look right so it's2not gonna be formatted so this is the2basic information yeah this is this just2doesn't look right2so it's gonna ask you if you're on2social assistance of any kind and if2it's yes I think that's an automatic2that is an automatic approval that's not2necessarily look it so here is where you2have to fill out they've changed this in2the last a little bit so if you're under224,000 with your gross household income2and look at you have to you have to also2attach a financial statement and I think2there's a separate form for a financial2statement I don't think it's the I don't2think it is the actual financial2statement we were just looking at that2you have to file I think there's a2separate financial statement anyways2- your court clerk about this if you are2wanting to get a fee waiver it's really2dependent on income and you will have to2prove your income at one point a couple2years ago you did not have to prove your2income you just filled out the form and2it was an affidavit2so you basically swore to telling the2truth in the affidavit so that would be2another form that you could get ahead of2and fill out before so again the form 82is the application form 13 as a2financial statement and formed 35.1 if2you have kids sorry if support isn't is2going to be involved you're making a3claim for support or responding to a3claim for support you have to file the3form file the form 13 which is the3financial statement and the form 35.1 is3just it's basically called a parenting3plan and this is basically something3that details out how you're going to3raise the children and we will get into3it in a little bit so step 33after you've filled out the documents3what do you do well in my opinion you3would review the documents and you would3go over them over and over and over3again making sure that everything is3precise everything is accurate3everything is everything is as truthful3as possible step 4 would be to now go3get go get the file issued so when we go3and get a file issued that means that3the form is complete all the forms are3complete actually I think they may allow3issuing if just the form 8 is complete I3think I'm not positive but this all has3to be complete but to actually move the3case along and to force an answer to be3generated by the other side I think all3of the three four3that I mentioned have to be I think all3three of these have to be filled out3properly and commissioned so these two3have to be commissioned the formate does3not get commissioned and commissioned3again is essentially when you'd3basically take an oath I promise to tell3the truth the whole truth and nothing3but the truth kind of thing in front of3the clerk or in front of a lawyer and3then they will mark it down as if you3made that promise and what is the issue3with not telling the truth3in something that is commissioned well a3commissioned affidavit is now3enforceable by law in case you do in3case you do lie in that document3somebody could go after you for perjury3that's a criminal offense and you don't3want that believe me so here's the3formate application this is for making a3claim essentially for custody child3support here's the section I'm gonna3skip right to it just for a moment here3is the most important section here this3is what you are claiming as the3applicant and you're going to see here3that the divorce Act may be something3that you're claiming under the Family3Law Act or the children's Law Reform Act3would be for obviously for support to be3payable for custody to be made so3depending on which act you're filing3under you know that Act will now be3applicable to this file so be very3careful as to what it is that you're3putting here I can't give you specific3legal advice as to what it is that you3should or should not put here but if it3were me I would be and if this was just3a claim for children and and custody and3access and then maybe child support3I would be filling out this and this is3basically a tikki box system if I wasn't3sure about the rules under get into the3rules of divorce right now3I mean basically the rules of divorce3are you have to be you have to wait one3year minimum to start an application for3divorce here in Ontario and I think this3may be generally the same across the3across Canada because the divorce Act is3a federal statute and I believe actually3I am not even positive the divorce Act3may be a federal statute I'm nearly3positive that the divorce act is a3federal statute which means it's3applicable across Canada but these two3pieces of legislation are Ontario3legislation so depending on what you're3putting here it's going to be something3you can or can't do if you were claiming3a divorce and you haven't waited a year3then you may not be able to file your3application you may have to amend this3to take divorce off so keep that all in3mind again minimum one year for a3divorce is the general rule of thumb3there are exceptions if if there is a3claim made for I think physical abuse or3emotional abuse some kind of abuse that3is yeah I'm nearly positive it's abuse3in the spousal abuse is one issue that4can have you not wait a year that can4have you essentially forego the waiting4period or what is the formal word for it4when you cheat on your spouse that is4cold oh my god4it's I'm dull tree there we go okay here4we go so so if4is cruelty so some kind of spousal abuse4happening happening in the relationship4or if there's adultery so if the if one4party makes this claim you can forego4the year waiting period now this has to4be something that both parties agree to4or that one party can prove for this to4happen now there are actual tests of4there are tests in law that will say4when adultery has happened there are4tests in law that will set out what it4means to actually have physical or4mental cruelty happen from one party to4another so there it's not just you know4click this box and then and then that4will have you forego the one year4waiting period it doesn't work like that4both parties have to agree that that4happened or one party has to be able to4prove that it happened so there will be4a hearing if there isn't an agreement by4both parties so say for instance I4wanted to forego the waiting period and4I put down adultery the onus is now on4me to now prove that adultery happened4anyways I'm getting ahead of myself here4so back up here to the beginning of the4forum so now we're in the fill out stage4obviously we talked about these headings4section this is gonna be pretty much the4same for every proof for every form4you're gonna find here in Ontario in the4in the family court system to the4respondent a fort first court date is4and it would be your responsible so now4this would go kind of as a step three4point one4get a date from the courthouse so you're4gonna need to find out your courthouse4location there are rules on where you4can be filing you can't be filing you4know in a jurisdiction that you don't4live in for instance or if there is well4that's not that's not necessarily true4you could be there are special rules4that apply for filing in different4jurisdictions but find out what your4courthouse is that you're gonna be4filing at and get a date so your first4your first date is going to be listed4here by you4you may also wanna you could leave this4blank I think if you bring the4application filled out then when you get4the form issued the clerk could attach4the date there you're gonna have to4consult with the rules4to see if you're on the fast-track case4management system or standard track so4in the standard track system no court4date has been set for this case but if4you've been served with a motion4excuse me if you've been served with a4notice of motion that will have a date4attached to it so these two items here4they're applicable in different4jurisdictions in Ontario so you're gonna4consult with the family law rules to4find out if that's applicable in your4jurisdiction you may also want to call4the courthouse to clarify so what4happens4say for instance let's get a little bit4ahead of myself let's say I serve this4and I don't make a response I don't make4an answer which is the formal form for a4response and I don't do that within 304days after it's been served on me4if I don't the case will go ahead and a4default order could be awarded now4everything could pretty much be4overturned and in an appeal you know I'm4not saying that that is something that4could be appealed but it it might be4appealed everything that I asked for if4if the other side doesn't respond within430 days then I could essentially get4everything here that I'm asking for4within reason4if it's for instance equalization most4likely a hearing would need to be made4to be able to prove some of this pretty4much anything here there is a5possibility for a hearing to occur even5if the other side doesn't respond if the5other side doesn't respond that just5means that it's easier to prove that it5will be based on information that you5provide to the court but you still have5to prove it so right here this case5includes a claim a claim for support5that means that you again you have to5fill out the form 13 this case includes5a claim for property or exclusive5possession of the matrimonial home and5you don't fill out the 13 you fill out5the thirteen point one and what are you5doing also you're also serving blank5copies so where would this go here5let's get a little ahead of ourselves by5putting service why do we serve blank5copies because it's essentially a5courtesy to the other side but it is5required by this form here obviously5it's saying that a blank copy is5attached if you didn't get a copy you5know probably nothing bad will happen to5you sorry if you didn't serve a blank5copy that nothing bad will probably5happen to you but it's a courtesy and5you should be trying to be as reasonable5as possible to allow the other side to5respond the courtesy kind of lies with5the ease of having to go search out5these forms so instead of putting the5onus on the other side to go and search5out the forms that are necessary to5respond then you're attaching them and5essentially you're saying that I want5you to be involved in this legal action5that's why I'm serving you and you have5the right to respond that's essentially5the message that's being sent by5including blank copies and here are the5blank copies so again these are all5instructions to the person that's5receiving this I thought maybe it5doesn't say no maybe doesn't say but the535.1 is a requirement per the rules if5you're making a claim for custody or5support or sorry if you're making a5claim for custody or access and again535.1 is the show you here and I'm only5showing you here in Google Docs5it's an affidavit in support of claim5for custody or access it's basically5called a parenting plan and I'm showing5you on here because on the court forms5website we don't have a PDF version and5I don't have word loaded on this5computer right now so you can see here5this one category over here these all5these sorry all these documents on the5right column here are Word documents all5of these documents here are PDF5documents now some of the PDF documents5aren't available so that means you're5gonna have to get word or something that5can fill out word or you could5essentially fill out things by hand5that's not against the rules5you could fill out things by hand you5just want to make sure that it's all5legible that you're printing and that5the printing is legible and that yeah5you're being as honest as possible is5the most important thing535.1 it doesn't have a PDF document so5that's why I was showing you there on5Google Docs otherwise these are all PDFs5here that I'm I'm looking at and my form58 is right here so my form 8 you're5gonna describe your general family5history your age your birth date where5you live your surname at birth your5surname before marriage if you've been5divorced before all this is important5information that the court wants to know5and you should be filling all of this5out with very little exception you know5there are some spots where something5won't be applicable and you can just put5n/a for not applicable or just leave it5blank I wouldn't leave it blank5I would actually strike I would strike a5a pen mark through it and you do that5primarily because at some point you5don't ever want it to be that there was5a blank spot and somebody filled in that5spot and the genuineness of the document5comes into question your relationship5dates what date were you married on what5date did you start living together6separated on if you ever lived together6if you're still living together all6these are checkboxes you only pretty6much select one6although sorry you select what is6applicable I should say John Doe is my6child their 11 birthdate etc who are6they now living with this is an6important one if they're living with you6but you put on here that they're living6with the other party this could hurt you6because this could be called into6question at some point saying why should6we why should we change this have the6parties or the children been in a court6case6for yes or no the parties made a written6agreement dealing with any matter6involved in this case some kind of6parenting agreement typically so6indicate which of its terms are in6dispute so if there is a parenting6agreement or a separation agreement that6you have come to as free willing parties6you know that would be something that6you would indicate here I think there is6a spot where it's where it asks you to6attach it also as a notice of6calculation or a notice of recalculation6been issued by the online child support6service in this case again this is I6think this is if you've already been6involved with the court case I'm not6positive actually6if yes are you make are you asking the6court to make an order for a child6support that is different from the6amount set out in the notice so as a6notice of calculation and or a notice of6recalculation been issued by the online6child support service so I'm not sure6with the online child support services6but obviously it's something and I think6this is just like a support calculator6and it's a formal notice just I I don't6know I don't know what this actually6looks like actually of calculation or6recalculation6okay6you6to set up or update child support online6you or the other parent or caregiver may6have to provide your income so it's an6online service and there's a cost so6eighty dollars so going back to here6notice of calculation so this would be6essentially probably plugging in all the6information into that website the6Ontario website they're paying the $806fee and then if you are asking the court6to make an order for a child support6that is different from the amount set6out in the notice if that's yes you have6to essentially provide an answer for why6it is and why the court should order6something different than what it's6setting out the guideline amount the6guidelines are essentially the child6support guidelines you're gonna hear6this a lot or it's also sometimes6referred to as the table amount or just6it could be referred to as the6guidelines the guidelines are6essentially I'll show you what they look6like6it's basically a big table so you punch6in all this information here6child support amount would be 880 a6month that's basically it6I've looked at something a little bit6different this is a really simplified6version of this so basically it's6telling you an estimate and there is an6actual table it looks like a it looks6like a an Excel spreadsheet and you can6essentially look up so for the number of6children you can kind of pinpoint where6it is on that table that you fall and6that's why it's called the table or the6table amount okay let's go back to form6eight this is the general application6again so you would have to give reasons6to why it is that the child support6should be different if you're asking for6child support have the parties6arbitrated or agreed to arbitrate on6matter to arbitrate any matter involved6in this case6so arbitration is essentially where both6parties go to a non judge could be a7judge but not really acting as a judge7and it's not really binding on the7parties to the degree that that it's7sort of an alternative dispute7resolution method it's different than7mediation but an arbitrator essentially7would be a judge like person at a very7decreased cost that would weigh all the7information and make a decision and that7becomes essentially binding on the7parties it's not necessarily binding in7a courtroom until that7arbitration agreement is is filed or the7arbor arbitration decision is to filed7once it's filed in court then it can be7enforceable by the court not pretty much7until then arbitration pretty much7doesn't give the opportunity for appeal7which is one of the downsides to7arbitration I think there's no appeal7from an arbitration I forget some of my7some of my schooling on arbitration7didn't really cover arbitration fully so7I can't really tell you the pros and7cons of arbitration I don't think that I7would do arbitration because it becomes7binding on you it becomes it becomes an7agreement that you pretty much have to7follow but it's not by a judge it7doesn't have the same power as a court7as a court order although it can be7turned into a court order the the7essence of the arbitration award can be7turned into a court order so again here7is the most important section this is7what you are claiming if you don't make7a claim here for something later on it's7very hard or it's harder it's not hot7it's not very hard but it's harder to7now go back and say oh I want to make a7claim for custody when I didn't intend7to when I filed my response or my7application so make sure you know and7research what it is that you're doing7here excuse me so if I'm looking for a7restraining order does that mean a7restraining order is going to be ordered7no it means that that's what I'm seeking7for the court to order and that's7something now that I have to prove so7one of the things to keep in mind at all7times7throughout the whole entirety of the7case is that legal costs the costs for7lawyers the cost for all the court fees7and etc those follow the winner the7winner the judge will decide who's the7winner and who's the loser essentially7and there will be a winner and there7will be a loser now that's typically7balanced against this section right here7so if I ask for support for me if I ask7for support if I ask for spousal support7support for the children custody and a7restraining order and say for instance I7only get this I only get support well7that kind of doesn't make sense but I7mean if I ask for restraining order but7I didn't get it7that's partial that's a partial loss so7what it is that I'm asking for if I7don't get it7if I don't get all this stuff then I'm7not the sole winner7there could be what's called divided7success and now when we're talking about7costs the other side is going to be so7the losing side is going to be paying7the the costs of all this essentially7the winner gets the gets the costs paid7for which is a very important thing to7keep in mind at all times7whatever I'm asking for if I can't prove7it then why am I asking for it7first of all secondly if I can't prove7it then will I be successful most likely7not for each one of these I should say7pretty much all of these yeah pretty7much all of these there is a separate7test and a separate test which will be7found probably in probably in case law7so for the test for a restraining order7the test essentially is I have to prove7that I feel fear for myself or my family7or loved ones by the other party because7this is essentially a restraining order7that will last pretty much7forever so if there's a restraining7order then there may be separate terms7that are added here they may not be8forever it may be for a period of time8but essentially there's a test for8restraining or there's a test for who8should get the custody of the children8and that boils down to you know what I8talked about already the best interest8test what is in the best interest of the8child so that's those are some of the8some examples so other details of give8details of the order that you want that8you want the court to make include any8amount of support so essentially now8we're going to detail out the order that8I want the court to make an order for8custody of the child for the applicant8in order for access to the child for the8respondent in order for child support in8the amount of 880 per month etc so these8are all the details of the order that I8want to be made if I'm making a claim8for divorce then I would be setting out8this section here although this is8important here for I think it's only for8divorce actually important facts8my other claims important facts if I'm8making a claim for a restraining order I8may want to put throughout the marriage8there was spousal abuse from the8respondent to the applicant the8respondent would drink and throw things8at the applicant the respondent was8verbally abusive and again keeping in8mind what the test is for what a8restraining order requires it means that8I now have to essentially detail out8what that test is in my own words the8applicant fears for the safety of the8child and himself because of the8respondents behavior etc so now I'm8giving somewhat broad details in third8party in third-person language that8essentially will detail out or become8the basis for what I now have to support8at trial if this goes to trial so I'm8not putting anything on here that I8can't prove that's a big thing if you8put stuff on here just for this just for8the heck of it you may be looking at8getting penalized some somewhere down8the road if you put stuff on here that8you can't prove you could be penalized8with legal costs by paying the legal8costs of the other side even if you're8the successful party if you put stuff on8here that was essentially stuff to8lengthen the process unnecessarily8lengthen the process of court that would8be something that could be used against8you so keep that all in mind the lawyers8certificate is only something that would8be filled out by a lawyer if you have8one if they're if it's a divorce case8otherwise you're going to be signing and8dating here and if additional space is8needed you're gonna be attaching extra8pages so this is form 8 that's pretty8much it8this is the general application and this8starts off the court file I'm going to8delete this financial support now is8necessary again you're gonna put in your8file number here your the name of the8court the name the court address my find8the applicant I'd put my name here 5 5 58Main Street anywhere Ontario my postal8etc my email address and telephone8number and all the information that I8know of the other party as well they're8going to have to fill out their8information when they respond so in case8you don't have their appropriate address8or their actual address their last known8address is necessary if you don't even8know that leaving a blank you may8encounter some problems but you may not8my name is John Doe anywhere8tario and I swear affirm that the8following is true again this is an8affidavit this is sworn or affirmed you8do not sign this by yourself this is8taken to a court the courthouse where8the clerk can now Commission the8document or basically give you an oath8or swear the document and then it will8be turned into essentially an affidavit8which again if you lie in it it's8enforceable against you can be charged8for perjury nobody usually will get8charged for perjury even if you'd make8blatant lies that you can prove the9police will probably do nothing about9this likely but you don't want that risk9I'm currently employed self-employed9unemployed I attached my paycheck blah9blah blah whatever is applicable last9year and now I'm gonna break all of that9down again you should have all this9stuff organized before you're filling9this out you should have your last three9notice of assessments for the past three9taxation years that you're attaching and9your most recent pay stub attached all9that are applicable it asks for so if9you have a pension or a workers comp or9anything a pay stub you're gonna be9attaching your most recent one as well9as your last three a copy of my tax9returns for the past three years as well9as the notice of assessments so that's9all stuff you're gonna need to gather9before and this all gets attached right9to this document9to the forum 13 again you're filling out9all this stuff I'm not gonna give any9kind of examples here but essentially9you're gonna total it all up you're9gonna total up all your expenses9you're gonna total up all your income9and then you're gonna essentially put9your assets and your debts and you're9gonna come up with a number of what your9total assets are and you're gonna9subtract your total debts and then9you're going to get your net worth which9is probably the most important thing on9here what your net worth is although the9only thing really that as we just saw by9looking at the calculator on the federal9government's website the only thing9that's really important is right here9and the number of children although I9should say if my income is expected to9be say for instance seventy five9thousand next year this is something now9where it's arguable that a lower child9support lower than the guideline should9be ordered and now it's on me to prove9whether or not that that should be the9case and what if the opposite is true9say for instance my last year's income9was a hundred thousand my next year's is9expected to be a hundred and fifty9thousand that would be a case where one9party is trying to argue that more child9support should be should be ordered and9again this is a sworn document you're9going to all this stuff will usually be9filled out I usually prepare this stuff9I put here Ontario on the second9oops December 2nd 2017 and then the9Commissioner would usually fill out this9bar port they would just essentially9sign this and they would stamp it and9then I would sign my portion in front of9them again I don't sign this unless I'm9in front of a lawyer or in front of a9commissioner that somebody that is9commissioning this document there may be9a fee that is attached to commissioning9the document in family court I don't9believe there is I'm not positive9contact your courthouse if you're asking9a lawyer to do this they're definitely9going to charge a fee unless they're9probably a family friend or something9scheduled a additional sources of income9again Schedule A would be attached if9this is applicable Schedule B other or9other income earners in the home9complete this part only if you are9making or responding a claim for undue9hardship or spousal support or spousal9support so if you're making a claim for9spousal support you're gonna need to9fill out the section undue hardship9would be something over and above child9support that could be ordered there's a9legal test for it believe me there's a9legal test for everything Schedule C9special or extraordinary expenses for9the chunk for the child child's name9what's the expense the yearly amount for9that expense available tax credits or9deductions all this stuff a proportion9of this could be paid if you're making a9section 7 claim so this is section 7 I9think of the children's Law Reform Act9I'm maybe it's the Family Law Reform Act9so section 7 expenses or maybe no I9think it's the guidelines it's the child10support guidelines10section seven of the child support10guidelines essentially outline the that10special or extraordinary expenses can be10proportionately divided between the10parties and that's it that is the form10thirteen again make sure you're filling10all of this out very well10and to the best of your abilities a1010thirty five point one is the last big10form we're going to look at its an10affidavit and support of claim claim for10custody or access so if you're making a10claim for in some if you're making a10claim for custody or access you have to10fill it one of these and it has to be10filed it has to be updated every single10time something in here changes so if10your residence changes that has to be10that has to be filled out you know10there's a section on here where you're10essentially drawing out what your plan10is again the heading section is it's10going to be all the same on pretty much10all the forms in in Ontario here10affidavit in support of custody or10access my name is blank10my date of birth is blank I live in10blank during my life I have also used or10been known by the following names I10would put those names here the child's10name child's name full legal name of the10parents10this is gonna be tedious and it's gonna10be long and it's gonna be arduous to10fill out but believe me it's worth it10get you organized - child's full name my10relationship to the to the child I'm the10parent name of all people the child10lives with now all of the child's10siblings that the child is living with10right now or any other person all those10people have to be10stood here again this is I'm also the10parent or have acted as a parent or a10step parent or legal guardian to the10following children acted that means in10the past - so I'm detailing all this out10I am or have been a party in the10following court cases involving10involving custody or access to any child10I would name those out have been a party10or person responsible for the care of10the child in the following child10protection court cases and I would10detail all that out I have been found10guilty of the following criminal10offenses for which I have not received a10pardon charge approximate date of10finding of guilt sentence received I am10now charged with the following criminal10offenses somebody could argue that this10is unconstitutional the section here I10think saying and admitting that you're10charged doesn't mean that you're10convicted and obviously a judge would10look at this and understand that yes10you're not you're not convicted but just10having this information having to10divulge that information10I think that's prejudicial to some10degree and an argument could definitely10be made if you didn't fill this out that10it's unconstitutional but that's just10another fight you don't want to be10fighting do you and you need to attach a10copy of your bail conditions or your10release conditions if you are charged10with an offense when the court is10assessing a person's ability to act as a10person section 24 four of the children's10Law Reform Act I encourage you to go and10look at that section requires the court10to consider whether the person has at10any time committed violence or abuse10against his or her spouse a parent10a parent of the child to whom the claim10for custody or access relates a member10of the person's household or any child10so there are other parts of that section10of section 24 that are that detail out10what the test is essentially for how10custody should be awarded and that's all10stuff that you should be aware of so you10would detail out you know the the acts10of violence to the best of your10abilities and to whom suffered or was10the perpetrator of that violence to the10best of my knowledge since the since11birth a child in this case has lived11with the following caregivers and you11would list that out my plan for care and11upbringing of the child or children is11as follows I plan to live at the11following address11plan to live at the following address11and if this change is at any point this11whole form needs to be updated so what11do I recommend for all of your forms I11recommend you save a template for all of11them so you can pull them up at any11point and go back change what's11necessary and print that off to now go11and refile it so again this has to be11updated every single time that there is11a change full legal name or other11persons oh sorry the following people11involved in this case will be living11with me they want to know if that person11has been found guilty of a criminal11offense decisions for the child will be11made jointly by me and the other party11or by me or by the other party or11somebody else detail all that out I'm a11stay at home parent I work full-time11part-time all this stuff has to be11filled out again check ticky box11of system here but again make sure11everything is tikki din the right11section the children will attend what11school regular contact with whom and all11of this is in your own words essentially11children does not have any special11medical or educational or mental health11needs or the children does have special11needs and will receive support and11services for those needs as follows11so detailing all of this out is very11important again it will help to clarify11everything for the judge that looks at11this I will have support from the11following relatives friends or community11services in caring for the children I11acknowledge that the court needs11up-to-date and accurate information11about my plan this is sort of an11acknowledgement section this is exactly11what I've been saying all along that11this form needs to be updated all the11time and if it's not you're now in11breach of the rules and you could be11held accountable for that so you're11going to initial here saying that you11understand that that you need to update11this form and every time every single11time when you're in court in family11court in any pretty much any court you11need to serve then file and when you11file you need to file a 6b an affidavit11of service an affidavit of service11essentially details out again same11heading heading section the file number11would go here court this is going to11detail out your information where you11live and the date and time and how it is11that you served the other party and with11what documents so I served11the application and I was the applicant11so I'm gonna put an a here the date when11the document was signed December 2nd112017 I also served the financial or I'm11just going to put form 13 I was the11author of that and it was dated December1111so I can put multiple forms on the11affidavit of service if I'm serving it11all together and it by the same method11also the form 35.1 I am the applicant11December 2nd 2017 so if I'm serving all11these at the same time what's good to11note is that special service or sorry11personal service is necessary for11starting off the application and there11is a rule that says that the application11can't be served by the actual applicant11I'm not sure what rule that is but it's11somewhere in the family law rules the11onus is on you to go look that up but11essentially it's trying to prevent11conflict so if I'm the if I'm filing an11application for for custody of the kids11and I'm serving it to you they don't11want the the court doesn't want a fight11to break code right11so a and it's also good to note that11every time a an application is filed in11family court all the time it has to be11personally served that person has to11physically get a copy a paper copy of12that document unless the court orders12otherwise the court can order something12like an e mail service he12if you've attempted 18 times by process12server to get them served but again I'm12going if if I'm the process server12I'm the process server John Doe process12server so the process server would be12filling this out they would give you a12copy of this commissioned pretty much12find out from your local process server12if that's the case if it's not the case12there may be an extra fee to give you an12idea it's it's around a hundred dollars12to serve documents like these in within12city limits but that may be a little bit12less maybe a little bit more depending12on the times that they attempted to12serve or where they're attempting to12serve etc you know get three quotes and12go with the middle one after special12service after they are personally served12you no longer have to physically serve a12copy on to them every single time you12can drop it in the mail mailing a person12sorry so I would detail out so after12after after after you have a file number12after after the application has been12served and all this initial these12initial forms have been served all the12other documents in the case that comes12after it can be served by mail by12courier by fax by email in certain12circumstances I'm not sure what12circumstances okay attach this email as12a copy of the email that the document12was attached to so it can be stuff can12be served after the original documents12after the originating12after the originating documents that all12is again the rules will detail out when12this is acceptable or not but if this is12important to note if for instance I'm12the applicant John Doe on I'm the12applicant and Mary Doe is the respondent12if after Mary has been served with all12these forms by a process server but not12by John Doe and then Mary now gets a12lawyer12Bob's lawyer service so she hires Bob12and Bob fills out this stuff and Mary12sends documents back to me with Bob's12information on so now Mary is12essentially represented by Bob I don't12send any more documents directly to Mary12that's inappropriate and improper I'm12now serving Mary by giving all the12documents to Bob all the time from now12on until Bob files or Mary files a12change of representation form so if I if12if Mary serves and files a form that12says that Bob's no longer representing12her so up until that time everything12after these documents is served um Bob12and it's considered to be served on her12so on blank the if if she was12represented after after the time that12she's represented at a later point a12different set of forms that are need to12being served and I'm faxing it over on12December 14 2017 at 4:07 p.m. I served12name of person to be served I served12married Oh12I would put on here via counsel of12record Bob lawyer I would put that on12here and then I would detail out that I12faxed it over there because that's what12I typically would do because it gives12you a confirmation that it's been12received so and Section eight says the12fax confirmation is attached to this12affidavit so I print out the fax12confirmation once I get it and then I'm12basically attaching it to this to this12affidavit and that's considered to be12served so this is a section this is an12important section on here my12relationship to any party in this case12so if I'm the process server that's what12I'm putting here and that's what will12that's what would be that was what would12be put down here to serve the document I12had to travel blank kilometers my fee12for service of the document I would put12this if there was actual legal costs12incurred and it was exhaustive to try12and serve that person say for instance12they were out of province or something12or I don't know but again no personal12service personal service has to be done13for the beginning the starting documents13the originating process or the the13original document the application the13first document in the case it has to be13served personally has to be personally13handed to that other person it has to be13hint it has to be personally handed to13Mary if it's not there's a problem13you're not this is not proper service13and after that point if she gets a13lawyer everything served um Bob if if13it's13if she's self represented then she could13be served by mail by fax whatever and13that doesn't happen you know no other13special rules applies she doesn't have13to be personally served every single13time for new documents now but you would13detail out on here and then you would13not sign this you would wait to sign13this again in front of a commissioner13for taking affidavits the Commissioner13for taking affidavits is you know a13lawyer is a commissioner a justice of13the peace a notary public a commissioner13for taking affidavits are all the clerks13at the courthouse they are all13commissioners so they will they will do13it sometimes they charge a fee but make13sure you're signing that in front of13them because this is an affidavit again13a promise to tell the truth the whole13truth and nothing about the truth that's13that's because you can be charged with13perjury if you lie if you say you serve13something and you didn't you know there13should be legal consequences obviously13so that is form 6b affidavit of service13so what do we have here13get file number pay file filing fee so13let's go over this step by step starting13a family court application in Ontario13first of all you want to organize things13definitely organize things before you13start to fill out things when you do get13to filling out the things these are the13forms that are necessary for any new13application for custody or and/or13support in Ontario if you're just doing13a divorce this is gonna be a different13form if you have property involved this13is going to be a different form if13you're not filing for custody or if13you're not I think if you even if you're13not asking for custody or access access13but the other side is this still has to13be filled out but usually if you're13asking for access the other side's13asking for custody13this has to be filled out mandatory and13any changes in this form need to be a13resurface and a refiling of this form13and then the form six B that is the13affidavit of service once all of these13have been served but they don't get13served until they're issued but make13sure you're reviewing everything in13detail before you're going down to the13courthouse you're going to get a date at13the courthouse and then get it issued13you're going to get a file number the13file number will now go on every single13court document that you get you're then13also going to pay a filing fee13think it was 157 I'm not positive you're13also going to pay a fee to respond if13you're the responding party you're also13going to be paying a response a response13but again this can be waived and yeah13this can be waived if you are going to13be complying and fit within the13parameters of the fee waiver document13and take a look at that fee waiver if13you feel like that would be it's for low13income family and families and house13households so if that's applicable to13you then you may be able to get the fees13waived find a process server you're not13gonna be able to waive this but it13doesn't necessarily have to be an actual13formal process server it can be any13adult third party it just can't be the13applicant it can be an uncle and aunt it13can be an adult cousin they can all13serve it but they have to fill out the13affidavit of service that's the13important thing here is that they are13they are filling out the affidavits13they're going to get it commissioned13which is a fee if it's in front of a14lawyer or if it's at the courthouse it's14probably not a fee but they you have to14get this served personally this is14probably probably the only time that14you'll need to hire a process server in14this whole process and it's the only14time that these forms have to be14personally served or sorry that these14forms have to be personally served or at14minimum this form has to be personally14served the starting document that starts14off everything the originating serve the14originating process and so again you're14looking at probably 75 to $100 for a14process server depending on your area14and depending on if they can find the14person you may have to get an14alternative an alternative method of14service you may be able to serve them by14Facebook if they're if they're you14somebody that has no home address or14whatever I don't know like there are14creative ways to go about getting an14alternative order for service but you14have to attempt several times personal14service but that could take weeks until14so from the time that you fill out the14documents and get the documents issued14to when it's served that could be weeks14then to go and then allow them to14respond they get 30 days to respond and14that can even be extended they get 3014days to respond and then after that 3014days you get a I think another 10 days14to file what's called a reply I'm not14going to tell you what a reply is but14the applicant is the only party that14gets to file a reply and it's any new14issues essentially that are raised in14the answer the answer is the respondents14reply essentially that's them responding14to your application then the applicant14then gets a chance to make a formal14reply and that's actually called the14reply on the on the form section14actually here at the top of the page I14think again notice the change of14representation some of these are stuff14that you'll use on a regular basis okay14so here's the answer and the reply there14those are the names of forms so those14are the four the answer is used by the14respondent the reply is then used by any14for new any any new information I should14say raised in the answer so in the reply14you can only essentially respond to new14information that the14that the respondent raises the14respondent then doesn't get a chance to14reply to that it's just we would go on14forever like that so from this point14here to service it could be a couple14weeks and then they get 30 days to14respond with the answer then you get14another ten or so days to make a reply14after all that is done pleadings are now14closed it's a stage so this is this this14is the pleading stage the pleading stage14is essentially all the formal paperwork14that needs to be completed all the all14the paperwork the initial paperwork all14these initial forms this is the pleading14stage these this stage is for getting14all the paperwork together getting you14prepared to go to trial so now once the14pleading stage is closed then you're14going into a different phase of the14court file usually that's referred to as14the discovery phase but in family court14case management is kind of a better word14for it14you then go into your first appearance14usually is a conference and that could14be three months away from this point it14could be more so just keep that in mind14this is not a very fast or easy process14there is the ability to bring a motion14for temporary relief before the first14conference but that get that date that14get a date from the courthouse section14on the on the formate that's for the14first conference that's where you get to14sit in a room with a judge and you14essentially have a casual atmosphere14it's closed off to the public and you14basically talk about what the issue14are of the case and that could be three14months away from the time that you start14this so keep that in mind so once14everything is served again serving blank15copies of all the forms that will be15necessary so you're going to include a15blank answer at blank thirty form15thirteen and a blank thirty five point15one if those are applicable the service15is once once that's complete with all15the blank copies served you're then15gonna go back to the courthouse and file15the affidavit of service and now the 3015days starts ticking from the date that15service was made the 30 days for them to15file an answer so this is the15application process for the family law15rules15you can find the family law rules here15on Ontario court form 0n CA you can just15Google Ontario family law rules and they15will come up read through these rules15they're pretty simple but pretty easy to15get there's not a lot of hard legal15jargon to get but if there is I mean you15know ask questions as much as possible15we're here to help self represented15litigants society send us an email on15our website i rep myself comm is the15website if you have questions about15anything you heard in this video feel15free to comment below and we may be able15to help keep it as general as possible15we can't be or we can't be telling you15what you should or shouldn't be doing15just as a reminder of what we do we15don't give legal advice we can give15legal information and that's general15questions general answers stuff that you15can be researching on your own but again15take a look at the forms familiarize15yourself with the rule15and good luck in court

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Form 25a Divorce Order FAQs

Some of the confused FAQs related to the Form 25a Divorce Order are:

Need help? Contact support

What can I do when a divorced parent refuses to fill out a college financial aid form?

Anything that does not involve going to university and paying for it with loans/grants. Join the service. Get a full time job and take a class at a time and pay with cash. Find an employer that will pay for your schooling. Get married so you can be considered an independent student 9but not from your husband). Jus t get a job. By the time the government lets you file as an independent student(age 24) you may have found an even better pattern that doesn’t involve college at all.

I am filing for a divorce, and I don't want child support from my wife. Is there a form to fill out?

It is impossible for anyone to answer your question without knowing where you live. Divorce procedure is different in each country, and in each state in the US. In Pennsylvania, child support is entirely separate from divorce filings, so you wouldn’t have to fill out any forms regarding support unless you’re asking for support. Where you live, I have not a clue. You should contact a lawyer where you live and make sure you’re doing things correctly.

Do military members have to pay any fee for leave or fiancee forms?

First off there are no fees for leaves or requests for leave in any branch of the United States military. Second there is no such thing as a fiancée form in the U.S. military. There is however a form for applying for a fiancée visa (K-1 Visa)that is available from the Immigration and Customs Service (Fiancé(e) Visas ) which would be processed by the U.S. State Department at a U.S. Consulate or Embassy overseas. However these fiancée visas are for foreigners wishing to enter the United States for the purpose of marriage and are valid for 90 days. They have nothing to do with the military and are Continue Reading

Is a financial affidavit required for divorce?

No. The one time I stood before a judge, it was because I had done something stupid as a juvenile in 1981. He listened to what I had to say and then he said something like this: Mr. Welch, I have listened to what you have to say. And I believe that you are genuinely remorseful. So here’s what I am going to do. I am going to adjourn your trial sine die. That means “with no set date”. You will be free to go, and you will have no record of conviction. But this case is not over. And if I ever see you back in this court again on another matter, this trial will also resume. And I assure you, I will not Continue Reading

How do you know if you need to fill out a 1099 form?

It can also be that he used the wrong form and will still be deducting taxes as he should be. Using the wrong form and doing the right thing isnt exactly a federal offense

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