Guide to Family Law and Divorce
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2 01.00 All You Need To Know How to Get Your Divorce On CanLaw
Product description: Why You Don't Have To Have A Lawyer To Get A Divorce, Settle Issues About Property, Custody, Access, Guardianship, Or Support CanLaw Guides to the Law

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


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.


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

Travel Consent form

Travelling with your kids? You will need a Travel Consent form to cross borders or fly anywhere. Separated or divorced, you must have a notarized travel consent form


Click here: Find a Divorce Lawyer

using CanLaw's Free Lawyer Referral Services

Click here Find a Process Server

to serve your divorce documents

Click here Find a Mediator

Mediators can smooth things over and solve disputes

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.


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


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.


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.


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.


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


Directory and Index for all of CanLaw

CanLaw's Guide To The Law For The Layperson On Divorce, Separation Agreements, Custody, Access, Child Support, Spousal Support And Equalization Issues

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