The first step in getting a divorce in Canada is to file for the divorce. You should have been separated for one year, but you can settle any outstanding issues before that point. In many cases, couples agree on an interim property and support arrangement. However, if the couple can’t agree, they can file for a divorce with the court or before a divorce arbitrator. An interim order can be granted for a certain amount of time until the divorce is finalized.
Filing an application for a divorce requires two major documents: a parenting agreement and the application for child custody and support. Depending on the type of divorce, both parties will need to provide written parenting preferences and a detailed outline of the agreed-upon arrangements. Once these documents are signed, you must file the paperwork with the appropriate provincial court. You can also hire a lawyer to help you with the paperwork. The application fees and formalities vary between provinces. There may also be additional documents required. Court clerks can help you complete these documents and explain the requirements.
The Divorce Act of 1968 has changed the laws regarding divorce in Canada. In its first edition, the divorce act includes the Breakdown of Marriage criteria. This means that the couple no longer live together and must prove that they lived separate lives. However, the timeframes for separation have changed in recent years. It is advisable to consult with a divorce lawyer before filing for divorce. If your spouse is unwilling to sign the Divorce Act, you may have a hard time.
A divorce application is the main document that starts the divorce process. One of the spouses may file the application alone or jointly, although most couples will file together if they agree on all issues. In Canada, a divorce application must be filed in the Family Court branch of the Superior Court of Justice. After this, the court will review the divorce application to determine whether or not it should be granted. You will have to pay the required fee to the court.
If you and your spouse has failed to live together for a year or more, the court will serve the divorce papers to him or her. The Respondent has thirty days to respond, or sixty days if he or she is located outside Canada. Failure to respond will delay the divorce process. If the Respondent is served within a month of service, he or she has 30 days to file an answer. However, if the spouse has not filed an answer by then, the court assumes that he or she does not contest the divorce.
Regardless of the cause, a divorce in Canada is not easy, and you should consult a qualified divorce lawyer to guide you through the process. A divorce lawyer will have extensive knowledge of the law and will keep you informed every step of the way. There are many other issues that need to be addressed and you should seek legal advice if you are uncertain what to expect. However, your lawyer will protect your rights and make sure your case is handled the right way.
