If you are bringing a case to Family Court in Ontario for divorce, spousal/child support, or child custody/access, you will likely be using Form 8. So here is a step by step walk though of things to think about if you are filling out this form.
The first step is to fill out page 1 with you and your (ex) spouse’s contact information. Because you are the one filing the Form 8, you are the applicant and your (ex) spouse is the respondent.
Leave the court location, seal and court number blank for now. Select the box that has the appropriate track for your court case. If you are seeking divorce or property, you should check the ‘standard track’ box. If you have a number of issues you wish to bring before the court, you may consider filing two forms, one ‘fast track’ form with urgent matters like spousal support or child custody, and one for the standard track.
Page two is left mostly blank, except for if the motion you are making to the court asks for child or spousal support. If you are asking for support and not access to the home or property check the first box. If you are seeking exclusive access to the matrimonial home, check the second box.
Leave the date and signature location empty.
This is the page where you will fill in more information about you, your spouse, and any children who might be involved in the case, it is a good idea to list ‘dependents’ even if they are no longer ‘children’. Generally anyone under the age of 23 who is going to school or still living at home might qualify.
This portion of the form is the most difficult. The general rule is to select form boxes 10-18 if you are doing a ‘fast track’ court case, or from the full card if you are on the standard track. If you are getting a divorce, you can replace some of boxes 10-18 with 00-05. For example: you should replace select 01 instead of 10 if you were looking for spousal support while getting a divorce.
It is common to select box 30, asking for costs, as well.
Page 5 is where you can list the facts that you think support your claim. Try to be brief and create a clear line of thought. If you are getting a divorce, you can use the three check boxes at the top of the page, but select only one. ‘Separation’ is the most common reason for marital breakdown given. There is no advantage to giving the reason of cruelty or adultery beyond it allowing you to file earlier than the 1 year separation requires. However, attempting to prove cruelty or adultery in court almost always takes longer.