At least one of the spouses must have habitually lived in the province where the action is brought, for at least one full year, prior to the start of your uncontested divorce action.
You must be living separate and apart at the time the divorce action is started.
You must have lived separate and apart for one full year before the court will grant an order that the parties are divorced.
A copy of all (if any) Court Orders, Separation Agreements, (Separation agreement kit
Click here Click here to see the CanLaw Separation Agreement) Domestic Contracts and any other written arrangements which pertain to the marriage or any children of the marriage.
If you have only an oral agreement, describe the terms and provide the date of the agreement.
This will outline the process you must follow to do your own divorce in most area of Canada. It is truly fast, cheap and easy, so long as both parties work together and cooperate with each other. The alternative is to spend thousands on lawyers and court battles to achieve what you could have done for a few hundred.
How Long Does An
Uncontested Divorce Take?
Divorce actions on the grounds of separation typically take from 2 to 4 months to conclude but it is not necessary to wait until one year of separation to begin the process. You may begin the divorce action once you are separated and a divorce judgment will usually be granted one year after your date of separation.
When selecting a separation date, you can use the date you physically separated or the date you stopped doing things together as spouses - you can be considered separated even if you continue to cohabit for financial or similar reasons.
You can apply for divorce even before the year is up although the divorce will not become final until the year has expired.
Filing your divorce application early does speed up the process once the year is up.
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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