One of the most painful and expensive processes anyone can go through is Divorce. However, divorce is also a very widespread issue in Canada. The divorce procedure varies depending on the spouse’s circumstances. Long-term relationships with significant property entanglements, marital debt, and young children sometimes result in more challenging and protracted divorces than brief associations without children or property. Furthermore, divorces that feature amicable settlement of the terms of the divorce—including child custody, child support, property division, debt distribution, and spousal support—are less expensive and stressful than divorces that involve dispute or refusal to cooperate.

Table of Contents

• Do I need a divorce lawyer?
• How long does it take to get a divorce?
• What are the financial effects of getting a divorce?
• What are the grounds for a divorce in Canada?
• Step by step
  • 1) Obtain a divorce application
  • 2) Determine the grounds for the divorce
  • 3) Determine if the divorce is contested or uncontested
  • 4) Consider agreements regarding children (if there are any)
  • 5) File the divorce application 
  • 6) Wait for a reply from the Divorce Registry in Ottawa
  • 7) If your spouse replies…
  • 8) If your spouse does not reply in 30 days…

Do I need a divorce lawyer?

You are not required by law to hire a lawyer in a disputed or uncontested divorce. However, there are specific situations where seeking professional assistance could be beneficial. Each essential document will be thoroughly examined by a capable attorney to ensure that it is accurate and that nothing is missing. A competent attorney will also explain all legal processes related to the divorce in order to keep you informed at all times.

How long does it take to get a divorce?

There are several ways to get a divorce in Canada. Sometimes the simplest course of action is to use the legal system. These can take three months to over a year and involve submitting pleadings, arguments, and responses. The fastest approach would be trickier to execute. Some people will choose for an uncontested divorce, which just requires a small number of signatures.

What are the financial effects of getting a divorce?

When I mentioned earlier in this article that divorce is one of the most expensive processes you could ever go through, I wasn’t kidding. Divorce costs money. Alimony, child support, and property division are some of the financial repercussions of divorce, which can lead to increased debt or a doubled-up mortgage. When the primary provider loses their work, this might also result in divorce. It is difficult to determine an exact cost to all this as everyone’s situation is different. 

What are the grounds for a divorce in Canada?

Divorce is no-fault in Canada. The Divorce Act solely recognises the breakdown of a marriage as grounds for divorce. According to the Divorce Act, if even one of the following applies to you, you can demonstrate that your marriage has failed:

• You have been living apart for one year or more.
• Your spouse has been physically or mentally cruel to you.
• Your spouse has committed adultery.

You can live together for up to 90 days (either before or after you file the application) to try to patch things up if you file for divorce based on a one-year separation. If things don’t work out, you can proceed with your divorce proceedings as if the time spent together had never happened. Some couples decide to divorce yet continue to reside in the same home. What criteria courts may use to determine if you are separated can be explained to you by a lawyer.

Step by step

1) Obtain a divorce application

There are several forms for each province and area. The appropriate forms can be obtained from a lawyer, bookshop, courthouse, or family law information centre.

2) Determine the grounds for the divorce

Will the divorce be for or without fault? 

• No-fault divorces: One year must have passed since the separation in order to obtain a no-fault divorce.
• Fault divorces: Adultery or cruelty are used as grounds for fault divorces. You must present proof to support your claims in these forms of divorces. If you decide to apply for a “for fault divorce,” make sure to do your research and hire a lawyer.

3) Determine if the divorce is contested or uncontested

Uncontested divorce is where both parties agree to the reasons for the divorce and the terms of the divorce. As a result, only one application is required for the divorce. On the other hand, contested divorces are where the parties do not agree on the reasons and/or the terms of the divorce. As a result, both parties are required to file their own divorce application.

4) Consider agreements regarding children (if there are any)

If there are children involved then you need to include a clear outline of your parenting agreement, including details on custody, support, and so on. Each spouse will have to provide their preferred parenting arrangements for a contested divorce. You just list the agreed-upon terms of your divorce if it is uncontested.

5) File the divorce application

You can submit your divorce application(s) in person, through your attorney, or at the courthouse in the province or territory where you currently reside. The fees for these applications vary by province/territory, and certain locations could have extra requirements that you must adhere to in order to successfully finish the application procedure. You can get assistance with this from your lawyer or the court clerk.

6) Wait for a reply from the Divorce Registry in Ottawa

Await approval from the Ottawa Divorce Registry. Conduct yourself and your services during this time in accordance with the court’s procedure rules. When your spouse receives divorce papers, they have 30 days from the date of service to respond to the divorce application.

7) If your spouse replies…

The situation becomes a bit more complicated as there might be elements your spouse is contesting. This is not abnormal, but it can take time. You will at the very least have to attend a case conference and a discovery meeting. A case conference is a primarily step in the Discovery process which you meet with your lawyer in front a judge. The outstanding issues are discussed, and a plan is put in place to move the matter forward to resolution if possible. The Discovery stage is where you exchange any information that either supports your claims or disproves your spouses claims. IF this fails you are heading towards a settlement conference, and/or a trial. The process tends to differ slightly depending on the province or territory you are in from there.

8) If your spouse does not reply in 30 days…

You can petition for divorce with the court by submitting your Affidavit for Divorce, Divorce Order, and Clerk’s Certificate after 30 days have passed without your spouse filing an answer. Wait to hear from the court regarding its divorce judgement. You will receive a divorce order after the judge has reviewed all the evidence and determined that you are satisfied. After the divorce order has been granted for 30 days, you can get your Certificate of Divorce. You won’t be able to get a divorce or get married again until that time.

Best of luck. Remember to consult with your own lawyer for the best legal advice.

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