Divorce
in Canada FAQ's
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What are the Conditions for Divorce in Canada?
If you are considering getting a divorce in Canada, there are a few things you should know. You and your spouse must have been legally married, either in Canada or another country. You or your spouse must have been living in the current province or territory for at least one year prior to filing for divorce. You must also agree on issues related to the division of property, childcare and other matters before applying for divorce.
Where to Find the Appropriate Forms?
Each province and territory in Canada has their own divorce forms that need to be filled out and submitted in order to get a divorce. They can be found on your provincial court website and submitted either online or by mail, depending on your situation.
What Happens During a Court Hearing?
A court hearing may be required if there are issues related to the division of property, childcare and other matters that cannot be resolved by the couple. During a court hearing, the judge will consider evidence from both parties and make a decision based on what is best for the couple and their children.
Frequently Asked Questions About Divorce in Ontario
How do I qualify for a divorce in Canada?
In order to get divorced in Canada, you and your spouse must have been legally married either in Canada or another country and at least one of you must have been living in your current province or territory for at least one year prior to filing. Additionally, both parties must agree on issues related to the division of property, childcare and other matters before applying for divorce.
What is the process of getting a divorce in Canada?
The process of getting a divorce in Canada is relatively straightforward. First, both parties will need to fill out the appropriate forms found on their provincial court website which can be submitted online or by mail. Depending on individual circumstances, there may be a mandatory court hearing as well. Once all paperwork has been completed and submitted, it usually takes 8-10 weeks before the divorce is finalized and granted.
Are there any residency requirements to file for divorce in Canada?
Yes, you or your spouse must have lived in their current province or territory for at least one year prior to filing for a divorce in Canada. This means that if you were legally married abroad but neither of you has resided in Canada for a minimum of one year, then it would not be possible to file here.
Are there any costs associated with divorcing in Canada?
In most cases, there are some costs associated with getting divorced in Canada such as filing fees and court costs depending on your particular province or territory. Additionally, if legal representation is required there may be additional fees as well as other expenses related to gathering documents or accessing records that are pertinent to the case.
What happens after the divorce papers are served?
After all paperwork has been filled out and submitted, it typically takes 8-10 weeks before the court officially grants the divorce decree. During this time period, both parties should refrain from making any significant changes that could affect assets acquired prior to marriage such as selling property until everything has been agreed upon by both parties beforehand otherwise it could impact upon how assets are divided during their separation agreement or court proceedings.
Want to know more about
getting divorced in Canada?
Check out our list of frequently asked questions.
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