How to file for divorce in Canada | Terms and conditions of no-fault divorce

How To Apply For A Divorce In Canada

Applying for a divorce in Canada is a process that has strict procedures that you must follow. Making a mistake when filing could result in you losing the ability to make a claim for certain assets during the divorce, so you should always double check that you’ve filed your divorce papers and all additional paperwork correctly.

In Canada, no-fault divorce is the only type of divorce. Regardless of your situation, if you live apart from your spouse for one year or longer, then you can file for divorce according to the Divorce Act. You can also file for a divorce if your spouse has committed adultery without the year wait. If you have been physically or mentally abused, you can also seek a divorce without the wait of a year.

To start your divorce application, you need to file paperwork within the correct province or territory where you live. Application fees are common, and you’ll need to pay those before your paperwork will be accepted. If it’s possible to agree on issues like parenting arrangements, property division, spousal support, child support or the division of assets before you file the paperwork, you can file this information with your paperwork. If you can’t, then the divorce court will make the decisions for you, but the divorce can take longer if the court has to make a ruling on these issues.

If you don’t live in Canada but were married in Canada, it’s possible that you will have to file for divorce under the Civil Marriage Act. Most other countries will recognize your marriage, but if not, then this is still an option.

author

Stuart Zukerman

Stuart Zukerman, a graduate of the University of British Columbia, has over 32 years of experience in litigation with a focus on Family Law, Personal Injury, Wrongful Dismissal claims, and Collaborative Divorce & Mediation. He has extensive trial experience in divorce, child custody, spousal support, asset division, and ICBC injury claims. As an accredited Family Law Mediator, he helps resolve disputes without court intervention. Stuart has also authored papers on family law and lectured at CLE courses.