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Filing for a Divorce in Canada

Divorce can be a very trying time for everybody involved, but understanding the process can help smooth some of the pain. Filing for a divorce in Canada is a fairly easy process if there are no major disputes involved in your divorce.

The Divorce Act

In Canada, the federal government makes the divorce laws, but the provincial governments determine how the law is administered. As a result, divorce laws are covered in the Divorce Act and are the same all over Canada, but the processes, fees and court forms are all determined provincially.

Who Can Apply for a Divorce in Canada

You can apply for a divorce if you were legally married in Canada. You can also file if you and your spouse were married in another country but at least one of you has been living in a Canadian territory or province for a minimum of one year prior to filing for the divorce. You don`t have to be a Canadian citizen to file for a divorce in Canada.

Grounds for Divorce

Divorces are granted in Canada for just one reason and that reason is breakdown of the marriage. According to the Divorce Act, this breakdown can be based on one of three grounds, which are adultery, cruelty or separation for one year. You just need one of these grounds to file for divorce. The separation for one year grounds is considered a no-fault divorce. If you file on the grounds of adultery or cruelty, you will be initiating a for-fault divorce.

Most Canadian divorces are filed using the separation for one year grounds. This means that you and your spouse must live "separate and apart" for at least one year having decided that your marriage is over. This doesn`t mean that you have to live physically apart. You can be living "separate and apart" while still sharing a home but living in two different bedrooms. The one-year separation starts as soon as at least one spouse plans to live separate and apart from the other spouse and acts accordingly.

Very few people use either adultery or cruelty as grounds for a divorce. These for-fault divorces are typically more messy, costly and time consuming than a no-fault divorce.

Basic Types of Divorce

There are four basic types of divorce in Canada. The most common kind is the uncontested divorce. This means that you file the forms for your divorce and your spouse doesn`t file a response. You usually don`t have to go to court with an uncontested divorce. A joint divorce occurs when both spouses sign the divorce forms agreeing that both parties want a divorce and agree to the divorce terms. Not all provinces allow for joint divorces, however.

Couples experiencing a collaborative contested divorce cannot agree on all of the terms of the divorce, but are willing to try to negotiate through attorneys instead of in the courtroom. A contested divorce has lawyers and courtroom battles involved. The spouses cannot agree on the issues and must appear before the judge. Contested divorce cases take the most money and time.

Divorces become final 31 days after the judge has signed the order. After this time, you can apply for your certificate of divorce and are free to remarry. Various law programs offer specializations in divorce law if you decide to go back to school to help other couples going through this stressful time.

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