Filing for divorce is a difficult process to go through for all parties involved, but one that is unfortunately unavoidable in too many cases. But filing is just one step in the process of securing a divorce. What are the exact steps involved in divorce proceedings? Let’s take the time to outline each step in divorce proceedings and explain what is involved at that step in detail. We’ll also explain what can delay the divorce and the options you have to make the process as smooth as possible.
Obtain a Divorce Application
After you’ve decided to divorce or separate from your spouse, you need to file a divorce application. Each province/ territory has its own forms used to apply for divorce. This means that you’ll get a different divorce application in Calgary, Alberta than you would Vancouver, BC.
This is a good time to start taking stock of your family’s financial situation, creating a list of assets, preserving financial records, and considering where you’re going to live. Make a budget and find out how much it will cost to live on your own; this could lead to a request for spousal support or determine how much you should ask for in child support.
Determine Your Grounds for Filing for Divorce
There are two categories of divorce. One is a no-fault divorce; this will require a one year separation period before it can be finalized. The other is a fault divorce. The “fault” is typically adultery or cruelty. For this type of divorce, you will be required to provide evidence for your claims.
In some jurisdictions, you will need to mark whether or not the divorce is contested or uncontested on the same forms. In an uncontested divorce, both partners agree to everything on the divorce application. These cases require only a single divorce application. The couple can file an outline of their agreed parenting arrangements.
In a contested divorce, the separating spouses either disagree on the reasons or terms of the divorce. When this happens, each spouse needs to file their own divorce application.
Divorce applications can also include everything else that will be sought, including parenting time and custody of any children, child support, spousal support and the division of matrimonial property.
File the Divorce Application(s)
Once you’ve filled out the divorce application, it must be filed at the courthouse in the territory or province in which you live in. You don’t have to do this personally. Your family lawyer can file the application for you. Each province and territory has a different fee associated with filing. Also , it doesn’t necessarily require appearing before a judge. A desk divorce is a divorce that is filed at the courthouse and contains provisions that are agreed to by the parties. In this case no appearance before a judge is required. I
Wait for Clearance from Ottawa’s Divorce Registry
Once divorce papers have been served on your spouse, they will have a set period of time by which to respond to the divorce application. This is different in each province.
Also, after filing for divorce you can start dealing with issues like interim spousal support or child support and custody of children. These issues are typically dealt with first before the final determination of support, custody and property division is made. An application on any of these issues can lead to an interim order, that is an order that can be reviewed later after better information is obtained. Part of divorce process, if contested, will involve the discovery of documents to determine incomes, assets and debts but until this is sorted out the court can give you a temporary order. .
Wait for the Local Courts to Issue the Divorce
At this step in the process, you’re waiting for the court’s decision to grant you a desk divorce. A judge will review all of the supplied material. If satisfied, they’ll issue a divorce order. You’ll be able to obtain a Certificate of Divorce thirty days after that. Only at this point are you legally divorced.
Remember that you must wait until you obtain your divorce certificate before you get remarried. Being married to two people at the same time is polygamy and this is illegal. Also, if you do get married to another person before you are divorced your marriage will not meet the legal requirements and will not be valid. So don’t plan a wedding until you have your divorce certificate in hand.
Sometimes a divorce can also be granted by severing the divorce from other issues like property division and spousal support. This is an option if you and your spouse agree to get divorced but disagree on other things like support, child custody and property division. You can then move forward by agreement on the divorce but deal with those other issues later. .
If you’re looking for recommendations, you could start by talking to the divorce lawyers at Crossroads Law if you and your partner are fighting about the terms of your separation. These Canada based family lawyers guarantee your divorce will be filed or will give you your money back, and lawyers who offer this are ideal if you want to ensure your divorce goes through.
Also, remember that settling things outside of court is best as it reduces conflict and typically costs less. A trained mediator can help you resolve your disputes privately for less money and on a schedule that works for you.
A divorce allows you to get remarried. There are other issues that are typically dealt with in a divorce, like spousal support and property division but this is not required and you can choose to deal with these issues separately. .
Lastly, a divorce can be granted without having to appear before a judge if the spouses agree to the terms. This will reduce time and costs.