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If the 30 days have passed and your spouse hasn’t filed a response, you can apply for a '''divorce order'''. The filing fee is $80. You must prepare and file the following forms in court: | If the 30 days have passed and your spouse hasn’t filed a response, you can apply for a '''divorce order'''. The filing fee is $80. You must prepare and file the following forms in court: | ||
* A '''requisition''' in | * A '''requisition''' in form F35, which asks for a divorce order. | ||
* The '''affidavit of service''' in | * The '''affidavit of service''' in form F15, which says your spouse was personally served with the notice of family claim (the form that started the court case). An affidavit is a legal document in which a witness makes statements they swear are true. | ||
* Your '''affidavit''' in | * Your '''affidavit''' in form F38, which gives the court your evidence in support of a divorce order. | ||
* A '''certificate of pleadings''', which tells the judge that the documents filed in your case are correct and complete. | * A '''certificate of pleadings''', which tells the judge that the documents filed in your case are correct and complete. | ||
* A draft of the final '''divorce order''' in | * A draft of the final '''divorce order''' in form F52. | ||
If you have children, you’ll also have to file a '''child support affidavit''' ( | If you have children, you’ll also have to file a '''child support affidavit''' (form F37). This affidavit gives the court more information about your income and your spouse’s income, your children’s living arrangements, and the child support amount being paid. | ||
==Who can help== | ==Who can help== |
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