LEGL-280 Lecture Notes - Lecture 13: Affidavit, Stamped Envelope
Document Summary
Process: set out in rules of court, parties will have agreed to corollary relief (unless already applied to sever it from divorce, may have settled matrimonial property. If so also will execute minutes of settlement: can get desk divorce and continue litigating matrimonial property. Steps to take: order marriage cert - vital statistics or overseas. Prepare and file a statement of claim for divorce ( filing fee and divorce fee) Serve statement of claim personally - photograph of respondent. If no response, 20 days in ab 1 month elsewhere in canada, proceed to desk divorce. Prepare form 14 to note in default, file at the same time as all other docs: affidavit of applicant, request for divorce, divorce judgment. Make sure names are same as marriage cert. If marriage cert wrong, then put in clause indicating parties are the same as those on marriage cert.