How Do You Get a Divorce in Canada?

As one decides to go for divorce in Canada, a series of procedures followed in the court of law.

  1. The first thing that a court in Canada will grant a divorce if one of the spouses is a legal citizen of Canada irrespective of the place of marriage.
  2. There can be uncontested as well as a contested divorce.
    • In an uncontested divorce, the court reckons that couples had already decided on matters like property share, child custody, and support payment. The couple does not need to visit the court but file the documents through an attorney, and the judge signs the divorce paper after going through the documents submitted.
    • A contested divorce in Canada means that any of the spouses is not agreeing to the settlement proposal of the other. They need to file a case through an attorney and go for many hearing in the court and even trial. Finally, the judge gives the verdict after hearing all the pros and cons and signs the divorce paper.
  3. In both cases, it is the application that needs to be filed first in the jurisdictional court mentioning uncontested or contested divorce suite.
  4. One needs to apply to the Superior court of Justice or the Family Court, which is a branch of the former.
  5. A notice is served for a contested divorce to the other party about the matter, and a reply should come within 30 or 60 days, depending on the present location of the other party.
  6. After all the documents related to divorce, as demanded by the court, are furnished by the other party, the case conference begins between the spouses to discuss and present their demands.
  7. Now begins the discovery process to exchange supporting documents like financial information and others and look into the questions asked for the statements made and the materials supplied.
  8. Finally, the settlement conference begins to solve any unsolved issues so that it does not move for a trial.
  9. If the parties disagree, a trial takes place, and the judge gives a decision on the disputes and grants a divorce that is binding for both parties.
  10. The divorce order becomes effective on the 31st day, giving the spouses to think back and get reunited.