CanLaw Guide to Family Law
Separation - Divorce - Custody Access - Support - Child Support Paternity - Property Division
Current as of
All You Need To Know About Getting Your Own Divorce In Canada On CanLaw
TABLE OF CONTENTS
CanLaw Guides to the Law for the Layperson
CanLaw Divorce Section
You Don't Have To Have A Lawyer To Get A Divorce, Whether Defended Or Undefended.
However It Is Strongly Recommended That You Get Some Form Of Legal Advice, Especially If You Need To Settle Issues About Property, Custody, Access, Guardianship, Or Support
There Are No Winners in Court
What You Should Know About Family Law And Divorce In Canada On CanLaw
Getting involved with the courts in a contested divorce is a lousy, destructive, enervating, expensive, frustrating, and time wasting nightmare that will last for years.
It is well worth your time to review these pages and educate yourself on the rules, the process and the grounds for divorce, custody and support. It will give you a sense of control again and make life a little easier for you during the nightmare called divorce.
Do you know, for example, that a prolonged divorce or family court battle often will wipe out your resources completely? Can you afford to spend $50,000 or more on legal costs? How would that help your children? Or be in their "best interests?"
Dealing with divorce is very trying and hard on both parties. It is not just the divorce, it is also the custody and access and support battles that follow and drag on for years. Dealing with the many unknowns make it more upsetting.
DIVORCE BASICS
One year separation is the best way to go on Divorce
Misconceptions about Legal Separations
There are commonly held ideas about legal separation that simply are not true. Some of the more common myths about separations are listed on this page
Need Proof of your Divorce?
Get the information you need to locate your divorce certificate and the court you were in.
FAQs on Divorce Divorce
Direct answers to all your basic questions on getting a divorce in Canada
See what you need to do or get for your divorce.
Uncontested Divorce
The Law on Getting an Uncontested Divorce
Divorce Requirements What is needed for an uncontested divorce on CanLaw
Common Law? You do not need a divorce.
Common Law Divorce Rights: The Basics for Common law Couples on Separation. Since you never married you do not need a divorce.
By all means marry; if you get a good wife, you'll be happy. If you get a bad one, you'll become a philosopher. - Socrates
RELATED ISSUES Divorce
Click here: Find a Divorce Lawyer using CanLaw's Free Lawyer Referral Services
Click here False DV Allegations
Women routinely file false allegations of Domestic Violence because it gets them all they want in a divorce.
Paternity Tests
Do not believe her if she says you are the father. Get proof. Paternity Testing. You really should double check to verify you are really the father. Half of you are not.
COSTS OF DIVORCE
You can save money on divorce if you can work together. Here are some options on how to keep divorce costs down
Proof of Divorce
You must have an official Divorce certificate to remarry Get proof of your Canadian divorce Divorce Certificate
You will need proof of any previous divorces. Get it here. Obtain your Divorce Certificate through CanLaw
Name Changes
Want to change your name? Here's how
Change Your Name? Anyone may change their name at any time to anything they want
FOUR BASIC TYPES OF DIVORCE
You can file for divorce with or without the involvement, consent or cooperation of your spouse.
Marriage breakdown is the only grounds for divorce in Canada.
1. Uncontested Divorce:
You file the forms for divorce and if your spouse does not file a response, then the divorce becomes uncontested.
You probably will not even have to appear in court. Usually a judge will just rubber stamp the divorce so long as there is no glaring unfairness or inequity in the proposed divorce arrangements.
You cannot file an "uncontested divorce." The court determines this based on your filings.
Uncontested divorces can usually be completed in about 60 days. Be smart and avoid court battles by doing your own divorce. Yes, you can do your own divorce the easy way.
An Uncontested Divorce will cost you just a few hundred dollars. A contested divorce will cost you tens of thousands of dollars. The choice is yours.
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2. Joint Divorce:
If you and your spouse agree on most or all of the issues you have an uncontested joint divorce.
When both parties sign, and swear to the divorce papers the divorce is mutual and you are telling the court that you both want a divorce and agree on the terms you set up.
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3. Collaborative Contested Divorce:
Collaborative Divorce: Will it work for you?
Collaborative Family Law sets aside the usual adversarial approach and tries to work amicably to achieve a fair and reasonable settlement in divorce.
A Collaborative contested divorce occurs when the parties cannot agree on all of the issues, but are willing to negotiate through lawyers to solve all problems and all agree not to go to court.
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4. Contested Divorce Procedure:
How the system works in ten painful expensive steps.
A contested divorce occurs when the parties cannot agree on all of the issues. Lawyers love contested divorces. It buys them mansions. A contested divorce can easily cost you $50,000 because this is where lawyers get involved in a lengthy court battle.
A contested divorce will involve considerable time, money and frustration. Contested divorces often turn into major battles and both parties end up losers.
Want to give all your money to the lawyers. Contested Divorce: Battle it out in court and come out bankrupt
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