If you and your spouse are considering getting a divorce in Canada and you both agree on the terms of the divorce, you may be able to get an uncontested divorce. An uncontested divorce is a faster, simpler, and less expensive way to get a divorce compared to a contested divorce, where you and your spouse disagree on the terms of the divorce and need to go to court to resolve those issues. If you are considering getting an uncontested divorce in Canada, here are seven steps to help you prepare:
Make sure you are eligible for an uncontested divorce:
In order to get an uncontested divorce in Canada, you and your spouse must meet certain eligibility criteria. You must have been married for at least one year, and you must have been living separate and apart for at least one year before you can apply for a divorce. You can still apply for a divorce if you have been living together for up to 90 days in the last year, but only if you have children and the children are not at risk of harm.
Gather your documents:
You will need to provide certain documents as part of your divorce application. These documents may include your marriage certificate, your separation agreement, and any other agreements you have made with your spouse regarding the terms of your divorce, such as child custody and support, spousal support, and the division of property.
Choose the right divorce process for you:
There are two main ways to get an uncontested divorce in Canada: through the simplified process or the regular process. The simplified process is quicker and easier, but it is only available if you meet certain eligibility criteria, such as having no children under the age of 18 and not having any significant assets or debts. The regular process is more complex, but it is available to everyone, regardless of their circumstances. You and your spouse will need to decide which process is right for you based on your specific situation.
Prepare your divorce application:
To apply for a divorce in Canada, you will need to complete a divorce application form and file it with the court. You will need to provide information about your marriage, your separation, and your divorce agreement, as well as any other agreements you have made with your spouse. You will also need to provide proof of your identity, such as a government-issued identification, and pay a filing fee.
Serve your spouse with the divorce papers:
Once you have filed your divorce application, you will need to serve your spouse with the divorce papers. You can do this in person, by mail, or by hiring a process server. You will need to provide proof that your spouse has been served with the divorce papers, such as a certificate of service or an affidavit of service.
Wait for your divorce to be granted:
After you have served your spouse with the divorce papers, you will need to wait for your divorce to be granted. In most cases, the waiting period for an uncontested divorce is about four to six months, but it can take longer depending on the complexity of your case and the workload of the court.
Finalize your divorce:
Once your divorce has been granted, you and your spouse will need to finalize your divorce by signing and filing a divorce order. This is a legal document that confirms that your divorce is final and that you and your spouse are no longer married. You will need to provide copies of the divorce order to any government agencies or financial institutions that need it, such as your bank or your employer.
In conclusion, getting an uncontested divorce in Canada is a relatively simple process, but it does require some preparation and organization. By following these seven steps, you can ensure that your divorce goes as smoothly as possible.