Understanding the Process of Divorce in Canada

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.

Divorce in Canada is administered by the Federal Divorce Act. However, the proceedings can vary in provinces or territories. The procedure and documentation can also differ.

divorce


For example, in Ontario, the divorce process can take four to six months. This is if you have already been separated for a year and there are other claims.

The Criteria for Divorce

If you’re filing for divorce in Canada, you must fit the required criteria:

· You must be legally married, whether in Canada or in another country.

· You or your spouse must have lived in Canada for at least a year.

· At least one spouse must want to make the divorce permanent with no hope of reconciliation.

The Divorce Process in Canada

While situations might be unique, the steps to file a contested or uncontested divorce in Canada are common.

Step 1

The first step is to apply for divorce and financial settlement. It outlines the claims to your separation. If you have a separation agreement, this must also be filed.



Step 2

Once the application is filed with the court, the other spouse is served with the divorce application and financial statement.

Step 3

The spouse has 30 days to answer along with their financial statement. They can agree or disagree with the facts laid out in your application. If they don’t respond, the divorce will be deemed uncontested. The court may grant the claims.

Step 4

In case of a contested divorce, the applicant can respond to claims and allegations. They must do it within ten days.

Step 5

Parties and their lawyers meet in front of a judge in a case conference. This is mainly a procedural step where lawyers will discuss any issues.

Step 6

The case conference is followed by the discovery process, where financial documents are exchanged and questioning happens.

Step 7

This is to deal with time-sensitive issues such as unpaid child support, etc.

Step 8

If the couple didn’t reach a mutual agreement. There will be a settlement conference to settle the final problems.

Step 9

If there is still no settlement, the divorce will go to trial.

 

Divorcing in Canada can be done without a lawyer, but having one that has specialized in family law can make the divorce process smoother.

Nanda & Associate Lawyers is one of the finest Canadian immigration firms that also experienced divorce lawyers. The lawyers at the firm understand the impact it can have on an individual’s life. They use their knowledge to help people through every stage of the divorce process.

Contact them to secure their exceptional services today such as handling divorce proceedings, Canadian immigration consultation, entrepreneur visa, and more!

 

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