Divorce generates thousands of personal questions that will sometimes make you stressed. But this is temporary. You make yourself understand that nothing is permanent in life. You are taking divorce because the relationship did not work well, and that is okay.
Throw out all the judgmental comments you listen to from people. And focus on the procedure of getting a divorce from an unwanted relationship.
In Saskatchewan, you need certain grounds to divorce your spouse, which can be:
- Separation from your spouse for at least 1 year
- Your spouse has been cheating with you and has a sexual relationship with others
- Your spouse has been mentally and physically cruel to you.
In this article, you will get to know how to get a divorce in Saskatchewan. Besides, you will get information and an explanation of some useful terms and procedures.
What to Do Before Filing a Divorce?
If you are not in any separation agreement, you can still file for divorce. It is not mandatory to have a separation agreement before filing for divorce. But separation agreement conducts divorce applications.
Especially if you have children or assets, you should have a separation agreement first before filing a divorce. Because, in a separation agreement, you and your spouse will agree to all the decisions by court order or by willingly. By separation agreement, you will get property division, child support, and spousal support.
How to Get a Separation Agreement in Saskatchewan?
Before you want to have a separation agreement, you need a clear concept of a separation agreement.
A separation agreement implies a written contract that you and your spouse sign without the court’s involvement. Sometimes, a separation agreement helps build your marriage again.
In a separation agreement, you agree with your spouse about all the conditions and negotiations you want to make. There are some ways that you get solidarity on your terms and conditions:
- You can hire a lawyer and fight for yourself with the opponent.
- You can agree on your terms with your spouse and settle the agreement by yourself without any hassle.
- You can choose some professional service to get done the agreement job on your behalf you. Using media to put all your arguments before the opponent is much more professional and hassle-free.
In Saskatchewan, divorce law is transparent and straightforward. So, fighting with lawyers is not justified and time killing and costly.
Even for a complicated divorce, you should first hire some media to make the agreement hassle-free.
How to File for Divorce in Saskatchewan?
The divorce process in Saskatchewan takes around 3 months before the court issues a divorce decree. In the meanwhile, you will get time for:
- A divorce clearance certificate from Ottawa
- Hours for waiting periods
- Time for completing the process of divorce
You can take service to file the divorce on behalf of you.
- If you want to file a divorce by yourself, the first step is to get the documents from the court and fill them up together. It is not that simple if you have property or children, or even it is more complicated due to other things.
- If you want to hire a professional who will file the divorce on your behalf, you must keep in mind that the service is not free at all. But you leave all the documents to your professionals, and they will provide you with the best service you need.
Detailed steps for filing a divorce in Saskatchewan are described below:
Step 1: Starting with the Statement of Claim for Divorce
The first step of getting a divorce in Saskatchewan is to start with “Statement of Claim for Divorce”. If you are dealing with property, begin with “Statement of Claim for Divorce and Division of Matrimonial Property”.
The Statement of Claim needs to come up with the grounds of filing a divorce. It also should include the claim of the details of the distribution of property that you got in your marriage.
In Saskatchewan, if you are filing a divorce action, you are to be called Plaintiff, and your spouse is to be called Defendant and vice versa.
Step 2: Signing the Statement of Claim for Divorce
After completing and signing the Statement of Claim for Divorce, take it to the Courthouse.
Step 3: Serving the Document to the Defendant
After filing the Statement of Claim for Divorce to the Courthouse, deliver it personally to Defendant by someone else. Keep in mind that you cannot serve it to Defendant.
If you cannot find a friend or family to deliver it to Defendant, you can hire a professional who can serve the paper on behalf of you. You can also ask the court to serve the paper differently if you find it difficult to serve the paper to the Defendant. The process is called “an Order for Substitutional Service”.
You need to ask for permission from the court if the Defendant is living outside Canada and you want to send the document outside Canada.
Step 4: Filing for Affidavit Services
After serving the Statement of Claim, Defendant will get a maximum of 20 days to disagree with the Statement of Claim. The Defendant will get 1 month if he/she is out of the province but in Canada and 2 months if he/she is out of Canada.
If there is no disagreement on the Statement of Claim from the side of Defendant, then you can go for other procedures.
It would help if you made sure of the period of the separation period before you start to move for other steps. Suppose you have a one-year separation period, so make sure that the time has passed before you start the next move to divorce.
Plaintiff can file a Sworn Affidavit Service, Nothing in Default, Request for Divorce, Affidavit of Application, and proposed Divorced judgement if Defendant does not reply within the time.
The affidavit includes:
- Original marriage certificate
- Copy of existing agreements of your divorce
- Copy of previous certificates of divorce if any
You should also add a child support data sheet if you have children.
Step 5: Signing the Divorce Judgement by the Justice
Once you are done with all the documents and shreds of evidence, the clerk will hand over your documents to the justice to look at and sign them.
If the judge is satisfied with your papers, he/she will sign the Divorce Judgment and give it back to the clerk to deliver it to the Plaintiff and Defendant. The Clerk will mail one copy to both Plaintiff and Defendant.
The whole process takes a maximum of 4-6 weeks.
Step 6: Finalizing the Divorce Process
The final document of the divorce process is to get the Divorce Certificate which the parties will get after thirty-one days of signing the Divorce Judgment. The Divorce Certificate can be obtained from the Courthouse.
The certificate is important because it shows that you guys are not married anymore and also it is important if you want to re-marry.
What is the Cost to File for the Divorce in Saskatchewan?
In Saskatchewan, the court filing fee for a divorce is around $260. The clerk of the Court of Queen’s Bench will meet with the divorce documents.
What is Child Support in Saskatchewan?
If you have children, your child has the legal right to get child support when filing for divorce. Even if you don’t want to stay with your child, you have the responsibility to support your child under the Family Law Act.
The Law says if a child is equally living with both the parent, then the parent with higher income will pay mostly for the child support. And if the child is living most of the time with one parent, then the other is responsible for giving all the child support accordingly.
Read Also: What Happens If You Don’t Pay Child Support in Canada?
Divorce is a legal procedure that needs to fill up all the formalities guided by the court. Whether you want to get a divorce in Saskatchewan or anywhere in Canada, the process is almost the same. However, it’s always better to hire a professional lawyer to process the case as they are more knowledgeable in this regard.
Frequently Asked Questions
How much does it cost to get divorced in Saskatchewan?
In Saskatchewan, the filing fee for a divorce is $300. The divorce papers will be filed with the clerk of the Court of Queen's Bench's Family Division.
How long does it take to get a divorce in Saskatchewan?
The divorce might be finalized in as little as three or four months — or perhaps fewer. However, if you need to go to court to fight your case on topics like property division, child support, or child custody, the divorce will take much longer.
How do I start a divorce in Saskatchewan?
When there are no further problems between the parties to address, one individual might seek for a divorce decision. One of the spouses must have lived in Saskatchewan for at least a year. If there are no other concerns to be settled, the parties might jointly seek for a divorce ruling.
What is a wife entitled to in a divorce in Saskatchewan?
In general, each spouse is entitled to an equal part of their family's property, including the family house. However, in rare instances, a judge may rule that uneven partition is permissible.
Do you need a separation agreement before divorce in Saskatchewan?
It is not mandatory to have a separation agreement before divorce in Saskatchewan, but it is advised that you start your divorce proceedings with a separation agreement. So, the process becomes easy for both parties in terms of getting custody of children or dividing property.