Joint Application for Divorce
If both you and your spouse agree on all of the issues, and are willing to cooperate in the divorce process and sign paperwork, you can apply to the court together as ‘joint applicants.’ In this case, you and your spouse are called the ‘applicant’ and the ‘co-applicant.’ It doesn’t matter which spouse is the applicant and which is the co-applicant, as long as you use these titles consistently throughout your paperwork.
In a Joint Application for Divorce, both spouses are asking the court for a divorce, so no personal service of the divorce paperwork is required on the other spouse. This means that neither spouse has to arrange to have documents served on the other. It is generally best that both you and your spouse come to the court to file your documents together, if possible.
You can file a Joint Application if the other party can’t come to the courthouse, or if they live in another jurisdiction, but it will take more work to get the documents prepared. For example, you will have to prepare the documents, and send them to your spouse, who will then have to bring them to the appropriate authority to get everything signed (either a lawyer or Commissioner of Oaths if they live in Nova Scotia, or a lawyer or Notary Public if they live outside of Nova Scotia). They then have to send the documents back for you to file. If anything is wrong with the documents and you have to change or fix them, you will have to go through this process all over again because you can’t change court documents once they have been signed by your spouse!
Filing a Joint Application for Divorce in Halifax, Sydney, or Port Hawkesbury? Click here for your forms.
Filing a Joint Application for Divorce in Amherst, Antigonish, Bridgewater, Digby/Annapolis, Kentville, Pictou, Truro or Yarmouth? Click here for your forms.