Form 8: Preparing to Fill out Your Divorce Application

Getting a divorce can be an emotionally difficult experience. However having a clear plan for how to go through the process will help make it easier.

You can initiate the divorce process by filing a Form 8 Application for Divorce with the family law court in the area you live. Provided the divorce is relatively amicable, and you and your partner agree to terms, you may be able to handle things on your own.

However, if you and your spouse have communication issues or can’t agree on matters such as child custody and support or how to divide your property, you may need extra help from a family law attorney.​


What Things Can I Use My Form 8 Application For?

You can also use this form if you need to ask the court for help with a child support or spousal support agreement with your spouse, a court ordered parenting decision, deciding who gets custody and parenting time, if you need a restraining order against your spouse, required financial disclosures, division of property and matrimonial home property claims. 

☐A divorce

☐Child support

☐Spousal support

☐Parenting orders

☐Decision-making responsibility (Custody) and parenting time

☐Restraining order

☐Financial disclosure

☐Property claims


If I Am Not Sure I Will Need Support Should I Wait to Make a Claim?

If you choose to apply for Divorce only you can still make claims for spousal support and dividing property after a divorce.

For spousal support it is better to make these claims sooner rather than later. If you wait too long, this might show the court that you don’t really need support.

For division of property, you have 2 years after you divorce, or 6 years after you separate, whichever is earlier, to make a claim for dividing property. In some cases, a court may give an extension of time.

Being divorced has some other consequences that you will want to consider. You may no longer be able to be covered by the other person’s extended health benefits plan. If you are not the legal or joint title holder to the home, your former spouse could possibly evict you. 


What Information Do I Need to Collect?

The type of information and documents you need depends on what you are asking the court for.

For example, you might need:

Basic Information

          ☐ Information from your marriage certificate

          ☐ Copies of court orders, separation agreements

Information about your family case

          ☐ Your court file number

          ☐ All the documents you and your partner have filed so far (which are kept at the courthouse)

          ☐ Any written agreements or court orders you already have about your children, your relationship or your marriage

If you are asking for child or spousal support

         ☐ Information about your income

         ☐ Information about children you and your spouse have together including names, dates of birth

         ☐ If you have it, information about your spouse or partner’s income, or the other parent’s income

If you are asking for decision-making responsibility or parenting time

        ☐ Information about your children’s schedules and any specific needs or issues they have

        ☐ Birth dates, names, and information about your children


Form 8 Application Guide

Click here for the step-by-step guide on how to fill out Form 8.