Chapter 6 Review - Summary Family Litigation Procedures PDF

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Chapter 6 Review 1. What are the advantages of a joint divorce? 

The advantages of a joint divorce are: a. removes the stigma of who is divorcing whom b. less expensive; couple can share filing costs c. less time consuming; no need to serve documents

2. When can a claimant withdraw from joint divorce proceedings? 

A claimant can withdraw from joint divorce proceeding any time before the final order.

3. What corollary relief can be settled in the joint divorce proceedings? 

No corollary relief can be settled in the joint divorce proceedings. The only claim that can be jointly applied for is divorce.

4. How does the court know that both claimants named in the proceedings are aware that a joint application for divorce is being filed? 

The court knows that both claimants named in the proceedings are aware that a joint application for divorce is being filed because the application must be signed by both claimants.

5. Do the claimants attend a hearing for a joint application for divorce? 

The claimants do not have to attend a hearing for a joint application for divorce.

6. List the document(s) a) which commence a joint application for divorce—Form F1 Notice of Joint Family Claim b) which disclose financial information if children are involved—Form F9 Agreement as to Annual Income c) which complete the final stage of the request for divorce—Forms: F35 Requisition; F52 Draft Order; F36 Certificate of the Registrar and F38 Affidavit Desk Order Divorce and if there are children involved, Form F37 Child Support Affidavit 7. Why must the claimants submit an Affidavit—Desk Order Divorce as well as the Notice of Joint Family Claim when they both contain the Same information?

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The claimants have to submit a Form F38 Affidavit—Desk Order Divorce as well as the Notice of Claim when they both contain the same information because the information provided in the Notice of Claim is not sworn to.

8. If child support has already been agreed upon by the claimants, why does the court require a Child Support Affidavit to be filed? 

If child support has already been agreed upon by the claimants, the court requires a Child Support Affidavit to be filed because the court has a duty to ensure that the children are properly supported. There must be evidence on the financial situation of the parents for the court to evaluate.

9. For each of the following court documents, write its purpose:

F1—Notice of Joint Family Claim F35—Requisition

F36—Certificate of Pleadings F37—Child Support Affidavit F9—Agreement as to Annual Income F38—Affidavit—Desk Order Divorce

To notify the court about the proceedings Tells what you are want the court to do what documents you are filing to support your request For the registrar to sign to show that the pleadings are procedurally correct Gives sworn evidence about the children and child support To disclose financial information Sets out of the facts of the marriage and divorce, gives information about children If there are any, and swears the facts in the Affidavit are true....