What to Do After Deciding on Divorce
Choosing to divorce your spouse is a hard step, but sometimes a necessary one. In this article, we will look at the divorce process in Canada, and how your divorce lawyer can help during this difficult time
The Divorce Process in Canada
- Application for Divorce
- Child Custody Arrangements
Application For Divorce
Getting your application for divorce is easy, simply go to your courthouse and request the document. There are areas of the application that need to be decided, which include:
Fault or No-Fault: No-Fault divorce means that no one was to blame for the divorce per se and that the relationship simply wasn’t working. If you file for No-Fault divorce, you will have to wait one year in separation before you can finish the divorce proceedings.
Fault Divorce is a divorce filed on the grounds of cruelty or adultery. In this type of divorce, it is highly recommended to get a good divorce lawyer, as you will have to prove your claims of adultery or cruelty in court. There is no waiting period for a Fault divorce
Contested or Uncontested: contested divorce means that a person does not agree with the reason for divorce, or the fault/no fault decision. In this case, both applicants will have to file separately, and prove their respective points in court.
Alternatively, an uncontested divorce means both applicants agree with the cause, and the proceedings can continue without intervention.
Child Custody Arrangements
If you have children, at this point you will decide on the child custody arrangements. This can be a very hard thing to do and is often the most fought about an aspect of divorce. If both parents can agree to terms, simply file them with the divorce application. If there is no way to agree, you will have to seek out mediation or a divorce lawyer to help settle the issue.
This section is where you will also decide terms of child support. There are specific guidelines in each province that line out the amount the support paying parent needs to supply, depending on income level. Be sure to check these guidelines out when filing
Filing and Obtaining a Divorce Certificate
The last steps will be filing and obtaining the divorce certification. There are fees associated with filing the paperwork, so check with your provinces guidelines to see how much it will cost. If you have filed for no-fault divorce, you will have to wait a year from the date of filing before the divorce will be granted.
Once a judge has approved your divorce, you will have to wait for 30 days before you can obtain the certificate of divorce. This will have a fee associated with it as well.
Divorce can be simple if both partners are in agreement about the terms. Otherwise, things can get messy, and it is recommended to employ a divorce lawyer to ensure your views are heard.