Sometimes marriages don’t work out. Whatever the reasons may be, anyone considering a divorce should know the steps involved. This helps to alleviate some of the stresses involved, after all, divorce is often already flushed with discord.
Ask a Jean-Faustin Badimboli Montreal attorney and they will tell you that anyone considering a divorce will need to follow these steps.
STEP 1: Make the Decision
No, really—make a definitive decision that this is what you both want to do.
STEP 2: Get a Divorce Application.
Every province in Canada uses its own set of forms. Obviously, you will want to get the right set of forms in your jurisdiction. You can acquire these forms through your lawyer, of course, but you can also get them from a bookstore, a court office, or through a family law center.
STEP 3: Know The Grounds For Your Divorce
Basically, there are two classifications for divorce.
- Fault divorce—Filed according to reports of adultery or cruelty (like abuse, for example). For this type of divorce, the party wishing to file must also provide evidence to prove the claims. It is important to thoroughly research “for fault divorces” to know all the intimate nuances. It is often a very good idea to get a lawyer for this type of divorce.
- No-fault divorce—basically, both parties desire the divorce, but the grounds requires a separation period of one year.
STEP 4: Know the Status of Your Contest
You also need to know whether you need to file a contested or uncontested divorce.
- In an uncontested divorce, both partners agree to the reasons for the divorce and the terms of divorce. These require only one application (since both parties will sign it)
- In a contested divorce, the two partners are not in agreement over the reasons and terms and must file two separate divorce applications to describe their respective terms
STEP 5: If children are involved you must also include, at least, an outline of a parenting agreement, custody, support, etc. Contested divorces must also provide parenting preferences.
STEP 6: You must file the application(s) at the courthouse in your province/territory. Be aware that each territory has its own set of fees too.
STEP 7: You must now wait for Divorce Registry clearance; and then you have 30 days to respond to the decree after the papers have been served.
STEP 8: If, after 30 days, there is no response from your spouse, you can set about the divorce.
STEP 9: Now you have to wait for the court notice over the granting of the application.
STEP 10: Finally, you can obtain your Certificate of Divorce 30 days after the Divorce Order is granted.