Types of Divorce Applications
In order to initiate a simple divorce, one spouse files and serves an application for divorce (Application (Divorce)(Form 8A)) on the other. This spouse becomes the applicant. If the respondent does not file an answer with the court within the allotted period of time, the court will issue a divorce order.
When an application for a simple divorce is made, the applicant is claiming a divorce only. Therefore, a simple divorce is only recommended in circumstances where there are no corollary issues to be dealt with, such as support and equalization of property. The main benefit of a simple divorce is that is it both cost effective and expeditious. However, it is not appropriate in circumstances where either spouse wishes to pursue their right to support or equalization.
In order to initiate a joint divorce, both spouses must sign and file a joint application for divorce (Application (Divorce) (Form 8A)) with the court. One of the advantages of a joint divorce is that, unlike a simple divorce, there is no requirement for one spouse to serve the application on the other. Therefore, the time between the application and the divorce order can be shorter. Further, under a joint divorce, spouses are able to agree upon and claim both support and equalization of property. While a joint divorce is clearly cost effective, it is only suitable when the spouses are able to be amicable and come to an agreement on all issues.
Divorce with Corollary Issues
In order to initiate a divorce with corollary issues, either spouse files and serves an application (Application (General) (Form 8)) on the other. A divorce with corollary issues is appropriate in all circumstance where the spouses are unable to agree upon support amounts and how to equalize their property. Once the application is filed, the divorce proceedings are under the court jurisdiction, and either spouse is able to access the courts to help settle their disagreements. The main disadvantage of a divorce with corollary issues is that it has the potential to be both costly and time consuming.