Form 8A: Application
Simple (divorce
SEAL
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 sh
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 supp
ort 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 matrimonia
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 l
able to get help from your local Legal Aid Ontario office. (Go to www.legalaid.on.ca/.)
FLR 8A (December 1, 2020)