If you’re planning to get a divorce, there are some questions you may have about the process. Here are a few common questions that come up to help you get started.
What are the grounds for divorce in Canada?
Canadian law requires that you show that your marriage has broken down and that there is no chance that you will reconcile. You can either have a no-fault or for-fault divorce. With a no-fault divorce, both parties agree to dissolve the marriage. In a for-fault divorce, one person files the divorce and claims that physical abuse, adultery or mental abuse took place.
Will you need to go to court if you apply for a divorce?
Not in all cases, but sometimes you may. If your case is uncontested, meaning both parties want to get the divorce, then you usually can turn the case over to a lawyer who can handle the divorce for you. If you are involved in a for-fault divorce, then you will need to go to court and appear before the judge. This is particularly true if there are allegations of abuse or adultery.
How much will a divorce cost me?
Divorce fees do vary depending on which part of Canada you’re in, but in British Columbia, the filing fee is $210. In Ontario, the same process is $167, and in Quebec, it’s $176.
When you’re ready to file for divorce, you don’t necessarily need a lawyer immediately, but it is in your interest to have one with you when you negotiate custody, the divorce settlement or any property division matters.