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1. Basic Information About
Divorce in Canada

2. Introduction
Not one person sets out on the adventure that is
marriage with the thought of getting divorced
someday, yet many Canadian couples still end up
needing a divorce lawyer at some point. Divorce is
stressful, divorce is sad, and in some cases divorce
can be completely devastating and life altering.
If you’ve reached that point where you no longer
want to continue, her is some basic information about
divorce in Canada straight from the Canadian
Department of Justice.

3. Can I Apply for Divorce?
 So, you want a divorce but you aren’t sure if you
can apply. According to the Department of
Justice, you’re eligible to apply for divorce if:
◦ You were legally married in any country and intend to
separate permanently.
◦ You don’t believe there is any chance for reconciliation.
◦ You have already left your spouse and don’t intend to
return.
◦ You and your spouse have lived in the Canadian province
or territory that you want to apply for divorce in, for at least
one full year.
 You can apply for divorce in Canada if you aren’t a
Canadian citizen.

4. Can I Apply for Any Reason?
 Even though it may not seem fair to
some, you can’t just apply for a divorce one
blue because
day out of the
you don’t feel
like being
married
anymore.

5. Can I Apply for Any Reason?
 You have to prove that your marriage
has broken down to the point it can’t
be fixed. This includes:
◦ Living separate lives for at least one year.
◦ One spouse committing adultery and not
being forgiven.
◦ Physical or mental abuse from one
spouse to another.

6. Can I Apply for Any Reason?
 Statistically, over 80 percent of
divorces in Canada are based on the
one-year separation concept.

7. How to Apply for Divorce
 Now that you know you can, here’s what you’re
supposed to do.
◦ Speak to a divorce lawyer or family lawyer to learn how the
laws apply to your specific situation.
◦ Fill out the application forms for your particular province or
territory. If you have hired a divorce lawyer, he will take
care of this for you.
◦ If you have children, include the parenting arrangements in
your application, plus financial support information. Enter
the arrangements you want if they are being disputed.
◦ Complete all the forms as thoroughly and honestly as
possible, then file your application at your local courthouse.

8. When Does the Marriage
End?
 It’s understandable that many people want their
marriage to be over yesterday, but it won’t officially
be over until a judge grants a divorce order at the
end of the divorce process.

9. Do I Need a Lawyer?
 A divorce lawyer is a valuable asset for
receiving advice and protecting your
rights, but you don’t really need one in
every circumstance.
 If you and your spouse both want the
divorce and agree on all of the issues
surrounding the divorce, it is called an
‘uncontested’ divorce.
 With an uncontested divorce, you won’t
have to go to court and in most cases a
divorce lawyer isn’t necessary.

10. Do I Need a Lawyer?
 However, if the spouses can’t agree
on one or more elements in the
divorce, it is known as a contested
divorce.
 Some of the common terms that are
contested are child or finance-related.
This is where a divorce lawyer will
help, because the process can be long
and complex.

11. Do I Need a Lawyer?
 In a contested divorce:
◦ Both spouses submit court documents detailing the
issues they can’t agree on.
◦ You must follow the steps set out by the province you
live in.
◦ A trial date is set, where each spouse explains their
case to the judge. Witnesses are usually allowed to
help strengthen your case.
◦ The judge makes a decision on the contested issues.
The spouses are allowed to come to an agreement at
any point during the court process.
◦ The judge grants the divorce, and in most instances
the judgment becomes final 31 days after the judge
signs it.

12. Do I Need a Lawyer?
 Statistically, around 90 percent of divorce cases are settled
before they get to the trial stage.
 For many people, the end of a marriage is a very big deal so
make sure you have really thought it through before filling out
your application and getting the process started. Marriage
counseling and mediation are a couple tools that many
couples use to avoid divorce altogether.