Fair warning. It’s a wearying slog to the courthouse. Be prepared for the journey, from first step to last, to take anywhere from several months to two years. If your situation is complicated, or you and your spouse are adversarial, or sometimes just because of court delays, it may well take much longer.
Two years? Or longer?
Yes. Before you put one foot in a court room, you have to wade though a mire of rules and procedures, pleadings, and affidavits. Documents must be completed correctly and filed with the court, all within specified time limits. Family Court might sound friendly, but it’s still a court. There is a process.
Step one: draft an Application.
Application? No problem. Just fill in the blanks, right? Uh, no. Writing an Application takes some serious thought. This is the document that pleads your entire case. The document that spells out the orders you’d like the judge to make and why you think you should get what you want. If you don’t include relief in your Application, you may be out of luck if you choose to seek it down the road.
Step two: draft an Affidavit 35.1 if children are involved.
This is the document where you talk about your kids, tell the judge about them, and what you want for them. No, the court isn’t interested in what your son/daughter eats for breakfast. Think bigger picture here. Does your child have any special needs? Who will provide care for your children and when? Have the police been involved with your family, or child services? Where do you plan to reside?
Step three: draft a Financial Statement.
This statement is a comprehensive list that must include your paystubs and tax documents for the past three years from the CRA. You must also list all of your sources of income, expenses, assets, and debts. And there are two different forms: one for just support issues and one for property issues too. Make sure you choose the right one or your court documents can be rejected.
Whew! Done.
Not quite. The Application, Affidavit 35.1 and Financial Statement, once accepted by the court, must be served on your spouse. Now, it’s their turn to think about what they want from the court, to gather all the information needed to file a Financial Statement, and complete a 35.1 Affidavit. Your spouse likely has 30 days to respond to your Application by filing and serving you with a document aptly named Answer.
If you want to respond to what’s in your spouse’s Answer, anything not covered in your Application, you have 10 days to address it in your Reply, which must also be served on the other side and filed with the court.
Aside from the preparation, filing, and exchange of paperwork, both you and your spouse will be expected to attend a Mandatory Information Program. The MIP provides information not only on Family Law and the Court process, but also on alternatives to Court. Alternatives because it’s in everyone’s best interest, especially yours, to settle your case before it ever goes to Court.
And all of this is just the beginning. This just opens your case with the Courthouse and allows you to participate in the Court process. This doesn’t include even scheduling any Court dates, preparing for them, or attending them.
Like I said, it’s a long road…
If all this sounds daunting, we can help. Our lawyers have the necessary experience to assist you. Please reach out to us for a free initial consultation.