Filing For Your Divorce: Which Conditions Will You Have To Determine?

In Canada, each province has slightly different paperwork for you to file when you want to divorce your spouse. While the divorce procedures in Canada are overseen by the Federal Divorce Act, each province or territory varies in the way you proceed through your divorce. From the decision to divorce your spouse, to receiving the final decree so that you can marry again if you choose, the process of divorce can be simple if both parties agree on the conditions.

Determine if It is a Fault or No-Fault Divorce

You can choose to file a fault divorce, which is filed because of things like cruelty or adultery. While this is one way to file for divorce, you must be able to back up your claim of cruelty or adultery with proof for the court. If you choose to file a no-fault divorce, your divorce won't be completed until both parties have been separated for at least one year. When you have proof for a fault divorce, you won't have to wait out the year of separation.

Determine if Your Divorce is Contested or Uncontested

When your divorce is contested, this means that both parties are having trouble agreeing to the terms of the divorce. In an uncontested divorce, both parties agree to the reason the divorce is being filed and they are content with the divorce agreement being presented to the court. If you want to file a contested divorce, both parties have to file for divorce separately.

Determine Child Support and a Parenting Plan

If children are involved in your divorce, you must come up with a parenting schedule and parameters for child support. If the divorce is uncontested, this can be as simple as filing a plan with the court. If your divorce is contested, both parties must file a parenting plan outlining what their preferences are for parenting time and child support. While the court can make a decision for you if the two of you can't come to an agreement, it is best to come to an agreement together so that you don't leave decisions in the hands of the court system.

Once you have made the above decisions regarding your divorce, you can file your paperwork at the province courthouse where you reside. It is always best to have an attorney, like divorce lawyers at Strain & Co, look over your paperwork so that they can determine if your agreement is in your best interests. If you aren't sure how to fill out your paperwork, or your divorce is complicated, it's time to sit down and talk with an attorney who can help you through the process.