Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
Getting a divorce is not a simple process and can cost you more than money. It’s important to get all details about getting a divorce in Canada to ensure you don’t suffer due to a lawyer’s negligence. Not all countries work the same in legal procedures; therefore, it’s necessary to learn everything before you file a case in court.
Here’s what you need to know about divorce in Canada.
Steps for the Divorce Process
The first step in the whole process is to decide that you don’t want to stay with your partner and plan on filing a divorce.
In the second step, you need to fill out a divorce application form. The form will be different for each territory and province, so it’s best to get all the relevant information you need.
The third step relates to determining why you plan on filing a divorce. It can be based on no-fault or fault divorce grounds. In no fault, there’s a requirement of a 1-year separation period. On the other hand, in the fault of divorces based on cruelty or adultery, the filer needs to provide evidence for the claims and get legal representation as well.
In the fourth step, you need to mention if your divorce is contested or uncontested. If it’s uncontested, then there will be just one application as both parties agree to the terms. On the contrary, there will be separate divorce applications if both spouses do not agree to the divorce terms.
In the fifth step, you need to mention custody, child support, parenting plans, etc., if there is a child involved.
In the sixth step, you need to file the application in court. Your lawyer can also do it for you.
In the seventh step, you need to wait for the Divorce Registry in Ottawa to give a verdict. Once the divorce papers are sent to the other spouse, they will only get 30 days to sign them.
In case there’s no response from the other spouse, then you can submit Divorce Order, Clerk’s Certificate, and Affidavit of Divorce to finalize the process. The court will grant you divorce after reviewing your case and offer you a Certificate of Divorce within 30 days after the Divorce Order is granted.
Since it’s a highly complicated process; therefore, you’re suggested to hire a professional family law and divorce lawyer in Mississauga. Get in touch with one of our experts to discuss your case.
