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How to File for Divorce: Step by Step Process

How to File for Divorce: Step by Step Process

In fact, the marriage bonding will not end until the judge does not grant you a divorce command at the end of the process.

Before embarking on divorce proceedings, you may want to consider whether wedding counseling can help you and your partner. Once you begin the process of formal divorce, you can stop the process at any time if you and also your partner wants to consider the reunion.

At present, the divorce process in Canada is typically governed by federal divorce law. However, how the divorce is conducted and all the documents and procedures used to complete it vary by region or province.

So, if you want to know more about this, keep reading deeply till the end of this article. Now, let’s get started.

Overall View of the Divorce Process in Canada

There are several steps regarding the general viewpoint of the divorce process in Canada, which are mentioned in the following:

Step#1: Deciding to divorce and also separate from your wife.

Step#2: Getting a divorce application. Every state and region has its own set of procedures. Moreover, you can acquire the proper forms for your official power through a bookstore, lawyer, family law data center, or court office.

Step#3: Setting your grounds to file for divorce. Would it be no-fault or fault divorce?

  1. No-Fault: For non-fault divorces, the 1-year separation period must expire.
  2. Fault divorce: In fact, a Fault divorce is filed based on cruelty or adultery. In the case of such a divorce, you will need to provide evidence to authenticate your claims. Be ensure to research carefully for “guilty divorce,” If you choose to file this way, be more sure to maintain the legal representation.

Step#4: Finding out whether your divorce is competitive or uncompetitive and also specify the category of divorce in your application.

  1. Uncompetitive Divorce: Both of the partners can agree on the terms and conditions of the divorce. Only one application is required for this divorce.
  2. Competitive Divorce: Husbands/wives disagree on the divorce’s reasons and/or conditions. For this case, both of the partners have to file for a divorce application separately.

Step#5: If the child/children are involved, then it should be included a summary of your child-care agreement, support, custody, and so on. For a competitive divorce, every partner must provide their preferences for child-rearing. However, for an uncompetitive divorce, you can outline simply your agreed formats.

Step#6:  Try to file a divorce application at the court in the region/ state where you typically live or over your lawyer. Every region/ state has a separate fee with the applications, and also, some places can have extra formalities which you need to follow correctly completing the application procedure. However, the court clerk or your attorney will be able to monitor you over this.

Step#7: Just waiting for the clearance from Ottawa (the capital city of Canada) Divorce Registry. Manage yourself and your services as said by the rules and regulations of court procedure. Furthermore, once the divorce papers are served to your partner, they are given 30 days to respond about their divorce application.

Step#8: After the 30-day deadline, if your spouse has no response, you can settle your divorce in court by submitting your affidavit for a divorce order, divorce, and clerk’s certificate.

Step#9: In this stage, waiting for the announcement of the court judgment to grant you a divorce. Most importantly, a judge will evaluate all of the materials, and if satisfied, they will issue you a divorce order.

Step#10: Finally, you can get your divorce certificate 30 days after the divorce order is granted. After that, you will be officially divorced and also eligible for remarriage.

Read Also: Different Divorce Options and Discover the Right Option for You

How Long Does It Take to Get a Divorce in Canada?

On the off chance that you have effectively been isolated for a minimum of one year, an application for separation that does exclude different cases, like guardianship or access, backing or division of property, can generally be finished within 4 to 6 months.

What is a Wife Entitled to in a Divorce in Canada?

In Canada, your wife is qualified for half of the ‘marital home,’ whether or not you bought it before the marriage. “A home typically gets the qualification of being a marital home if the property you’re living in, at the time of separation.

What is the Divorce Process in Canada?

The steps regarding the divorce process in Canada are mentioned below,

  1. Deciding to divorce along with separating from your wife.
  2. Receiving a divorce application.
  3. Setting your grounds to file for divorce.
  4. Specifying the divorce category.
  5. Submitting the divorce application at the nearby court of your region.
  6. Waiting for the clearance from the divorce registry.
  7. Waiting for the announcement of the court judgment.
  8. Getting your divorce certificate.

What is the Main Cause of Divorce?

The main causes of divorce are given in below,

  1. You and your partner have lived a separate life for one year with the indication of ​​your marriage relationship ending;
  2. Your partner has been done adultery, and therefore, you do not forgive her;
  3. Your partner has become mentally or physically abusive to you, making this intolerable to carry on living together.

How Long After a Divorce Can You Remarry in Canada?

Before or else after you apply for a divorce on a 1-year divorce basis, you can stay together for up to 90 days for the drive of reunion. If things do not work out, you may carry on your action for the divorce as if you did not spend that time together.

Read Also: Uncontested Divorce vs. Contested Divorce

How to start a Divorce?

For starting a divorce application in Canada, you must fill out the correct forms for your state or region. If you have any attorney, he or she will fill out these forms only for you and be responsible for processing the divorce application. However, you can get the forms from some reserved bookstores, government bookstores, and the internet.

I Want a Divorce; Where can I Start?

To start a divorce process, a few crucial facts you need to include in the application forms. First, if there are any children in the marriage, you have to write a parental arrangement with financial support. Second, if the arrangements are controversial, you have to narrate the arrangements you are looking for.

Who can Apply for a Divorce in Canada?

You can apply for a divorce in Canada if:

  1. You were lawfully married in Canada;
  2. You have decided to separate forever from your partner and believe that you already have left your partner and have no desire to return together;
  3. You or both have lived in the Canadian territory for a minimum of 1 year before applying for a divorce in the province.

In conclusion

To sum up the whole thing, many people usually face some problems with child custody, assistance, assets/ property, and the steps mentioned above in the divorce process when applying for a divorce in Canada. Apart from that, filing for a divorce process in Canada may be completed without an attorney.

But it is always better to contact a lawyer who typically specializes in the family act in your region to make sure your rights, future, and children will be protected appropriately.