Step 4: Prepare and file the second set of documents

This step depends on whether your spouse files or does not file their answer as set out below.

Your spouse did not file an Answer within the proper time limit and did not ask the court for more time:

You can ask the court to change your divorce from a contested divorce to an uncontested divorce and to ask the court to finalize your divorce without requiring any more involvement from your spouse. If a judge accepts your request to change your divorce to uncontested, the judge will review your documents by themselves, without requiring you to attend court and without the need of a trial.

Documents to file:

To request to change to an uncontested divorce, you must file all the following documents with the court and pay another filing fee:

• Uncontested motion for divorce Form 59.44  Form 59.44 

• Affidavit Supporting an Uncontested Divorce (Petition) Form FD12 

  • This document must be signed in front of a Commissioner of Oaths.

• Divorce Order Form 59.48A 

• Corollary Relief Order Form 59.48B 

• Financial and other disclosure documents as required and depending on your situation (See section on Disclosure documents later in this Guide)

  • Many of these documents must be signed in front of a Commissioner of Oaths.

• A completed Affidavit of Service that confirms your spouse was served with your Petition for Divorce

• Long Form Marriage Certificate (if it was not already submitted with your Petition for Divorce).

• 4 stamped, self-addressed envelopes (2 with your information, and 2 with your spouse’s information).

Your spouse filed an Answer:

If your spouse files an Answer, the court will not contact you until you or your spouse files a document to ask the court to continue with the divorce process and to schedule a court appearance with a judge.

To request a court appearance with a judge, you or your spouse must file a Request for a Date Assignment Conference (divorce) Form FD10  Form FD10 .

A date assignment conference (DAC) is not a trial. It is a short court appearance (30 minutes) with a judge to discuss any outstanding issues and to decide on the next steps in the divorce process. The goal is to organize what needs to be filed before the trial and how many days are needed for the trial.

A DAC is required by the court before your divorce goes to a trial. It can only be scheduled after the person requesting the court appearance has filed all their required documents. The DAC may take place in person, by telephone, by video conference, or any other electronic means. You do not meet alone with the judge. Both you and your spouse will be required to speak to the judge during the same court appearance.

The judge is not expected to decide on any outstanding issues at the DAC. Instead, the goal for the judge is to:

• Make sure that the required court forms (disclosure) has been properly filed with the court.

• Give you and your spouse filing deadlines for court forms or documents that need to be filed before the trial.

• Determine the number of witnesses and the outstanding issues to decide how much court time will be needed for the trial, and

• To confirm whether you and your spouse wish to schedule a mediation session with a judge, called a settlement conference, before scheduling the trial.

If your divorce is contested, and you are going to a Date Assignment Conference process and on to a trial, it is very important to get legal advice to find out about your rights and obligations. Court staff can tell you about the court process and forms, and how to find a lawyer, but they can never give you advice about what you should say in your forms or what you should ask for or agree to as part of your divorce.