How to Get a Divorce in Canada: 8 Step Comprehensive Guide
Sometimes things don’t go as expected in marriage, and getting a divorce becomes inevitable. The process is painful and frustrating; however, it is more worthy than staying in a troubled relationship and hurting each other.
The Canada Divorce Law, aka the Divorce Act, allows you to end your marriage. Moreover, it guides you on how to get a Divorce in Canada. Nevertheless, you will need a professional family lawyer to make the divorce proceeding smooth and straightforward.
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8 Steps of how to Get Divorce in Canada
8 Steps of how to Get Divorce in Canada Given Below:
The entire divorce proceeding takes its own time. Thus, there is no scope of asking how to get a quick divorce in Canada. However, you can complete the entire process of getting a Divorce in 8 steps.
1. Start Living Separately
According to the Divorce Act, you have to stay separate from your spouse for at least one calendar year to be eligible to file your application. Thus, it is better to remain separated from your partner immediately when you made a decision for a divorce.
If it is not possible to stay separated from your spouse, consult an experienced family law attorney.
2. Start the Application Process
During the separation period, you can get ready to file the application. It is common to follow the Divorce Act to get a Divorce in Canada. However, each province or territory has separate forms that work in their courts.
It is better to consult with a professional Divorce lawyer to get the correct divorce documents. If you live in Canada, go to an attorney’s office to ask directly.
Step 3 of How to Get a Divorce in Canada Below
3. Is it a Fault or No-Fault Divorce
No-Fault Divorce is a simple and straightforward separation agreement. It requires you to stay separated from your spouse for at least one calendar year.
On the contrary, Fault Divorces are more complicated and time-consuming. They are filed on the ground of domestic abuse, cruelty, or adultery.
Interestingly, the top reasons for Divorce in Canada include money followed by adultery, lack of connection, and growing apart.
4. Is it a Contested or Uncontested Divorce
If both the partners are agreed upon the reasons and terms of the Divorce, it is Uncontested. Partners can file a joint divorce application in this case. Thus, next time if someone asks you what a joint application for Divorce is, you will be able to answer them correctly.
However, sometimes the partners do agree upon the terms and reasons behind the Divorce. Then it becomes a contested divorce. Both spouses cannot file a joint application in this case. They have to register for Divorce separately.
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5. Outline the Parental Agreement
If any child or children involved in Canadian Divorce, this step will be essential. It includes custody, child support, and parental agreement.
Both spouses provide their parental preferences in case of a contested divorce. Whereas, spouses only outline a parental arrangement in an uncontested divorce.
6. File for Divorce with your Province or Territory
When you have all the divorce documents ready, you can file for Divorce. Every province or territory has specific forms for the divorce proceeding. Along with the application, you may have to add the following documents
- Marriage Certificate
- Divorce Order
- Affidavit for Divorce
- Financial Statement
- Support Deduction Order
Consult with a professional and experienced family law attorney before you proceed.
You can apply online Divorce in Canada. However, you have to fulfill a few criteria to be eligible for the online application process.
How to Get a Divorce in Canada Made Easy
7. Wait in the Waiting Period
After you have filed your application, your spouse will get a 30-days period to respond. After the response, the judge will start the divorce proceeding.
If your spouse does not respond, you can submit the Divorce Order and Affidavit for Divorce. You have to wait until the judge decides whether you will be granted a divorce or not.
If everything works correctly, you will end up with a Divorce Order that nullifies your marriage.
8. Get the Certificate of Divorce
Divorce Order is not the end of the proceeding. You will receive a certificate of Divorce also. It will officially end your marriage. Now you can move further in your life leaving behind the bitter memories and struggles,
How much is it to Get a Divorce in Canada
The cost varies with case by case and also with the province or territory. However, the average cost to get a divorce in Canada is as follows
- Uncontested Divorce – CAN $13,638
- Contested Divorce – CAN $ 2645
How to Get a Divorce in Canada Watch This Video
Divorce is always frustrating and painful. Moreover, it involves a substantial financial burden. Therefore, it is still better to get help from a professional family attorney or divorce lawyer to know how to get a Divorce in Canada.
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