Here at Thistoo, we aim to simplify the uncontested divorce process in all respects. Our web-based application provides all the tools and resources to get you through uncontested divorce. You can create a customized separation agreement, and generate all the documents necessary to complete your divorce application.
We also aim to provide all the information you may need to get through divorce, so that you can focus on what is important. This blog post tells you what you need to know about the continuing record.
There are three ways you can begin an application for an uncontested divorce:
- Through a simple application, which only deals with a request for a divorce.
- Through a general application, which deals with a divorce as well as other claims.
- Through a joint application, which you can bring forth together with your spouse. The joint application deals with divorce matters as well as other claims.
Sometimes, divorces are contested. After you serve the relevant documents to your spouse, they will have a chance to review your application. If they oppose anything you have written, they have 30 days of receiving the application to file an answer. For those outside of Canada or the United States, the time period to file a response is 60 days.
We understand that navigating the complex court system can be very taxing, especially if you are a self-represented litigant. To supplement our blog on courthouse formalities, this post will discuss the details of the continuing record.
What is the Continuing Record?
The continuing record is another word for your family law file
If you are the applicant, you will start the continuing record at the courthouse at the time of filing your divorce application Form 8A. Your spouse, the respondent to your application, will use the same continuing record to file their documents with the courthouse. Going forward, you will continue filing documents relevant to your dispute in this continuing record.
The continuing record remains at your courthouse and encompasses every document that you and the other party want the court to consider. The documents that are filed become a part of the continuing record, and it is updated every time a new document is inserted. You must file every document relevant to your case so that the judge can easily locate any documents he or she needs.
Rule 9 of the Family Law Rules governs the formal requirements of the continuing record.
It is very important that you organize your court documents properly in the continuing record, otherwise a court may not commence your case.
How to Prepare the Continuing Record
A continuing record contains two volumes: an Endorsements Volume and a Documents Volume.
The endorsements volume contains all of the endorsements and court orders made by the judge for your particular case, and must be identified with a tab. An endorsement is the written direction a judge gives, which outlines what you and the other party can and cannot do. The endorsements volume also contains reasons for judgement. Proper formatting of this section has a yellow cover, and must list the court file number and the names of you and your spouse. You must also include a table of contents in this section, and it is your responsibility to update it each time a new document is filed for your case.
The documents volume contains all of the documents filed over the course of your case, such as applications, answers, replies, affidavits, financial statements, and conference briefs. The Documents Volume will have a red cover.
During the course of your case, you or the respondent can ask the court for a decision. This is referred to as a motion. The person that brings forth the motion is referred to as the “moving party” and the person to whom the motion is served is called the “responding party.” When a judge grants an order on a motion, these are the arrangements that are to be followed until a final decision is granted on a given issue. With each new application or motion to change a final order, a new volume is added to the continuing record, and each volume is numbered chronologically.
Check out our Plan page to give yourself an accurate picture of the financial implications of your divorce. Use our support calculator and asset calculator, to help you calculate child support, spousal support, and split your assets. We also have our new Case Comparison Tool available, which provides you with the three divorce cases most similar to your situation from our database of 58,000 cases. By seeing how others faired in the courthouse, we hope to help you better understand the implications of litigating your divorce.
We empathize that going through a divorce causes stress and is a disheartening experience. The court system is complex and information is not always readily available. At Thistoo, we aim to simplify your divorce by providing you with the relevant information, and with the necessary tools to make divorce less intimidating. We believe that the vast majority of divorce cases do not need to go to trial and that going to trial is almost never worth the financial and emotional cost. Thistoo provides you with all the tools and resources to help you file for uncontested divorce. Learn more here: