When can I get a divorce?
You can obtain a divorce judgment after
you and your spouse have been separated for one year. For more
information about when separation occurs, see "Frequently
Asked Questions About Separations".
What if my spouse has committed adultery?
If you can prove your spouse has committed adultery, you can obtain a divorce
immediately. However, because we usually process applications for divorce based
on separation, the cost of obtaining a divorce based on adultery is higher than
if it were based on separation. As well, the application for divorce must be
served on the person with whom your spouse committed adultery.
Can I get a divorce before I settle the issues of custody and child support?
Probably. Issues of custody and property do not have to be resolved before you
can obtain a divorce. However, if you have not made firm arrangements for the
payment of child support, the judge may refuse to grant a divorce.
How much does a divorce cost?
Our fee for processing an application for a divorce is $500.00
plus GST. The court filing fees are $384.00, and it usually
costs $50.00 to $100.00 to serve your spouse with papers.
How long does it take?
It usually takes approximately 60 days from the time you sign the papers for
the divorce to become final. However, this can be shortened under special circumstances
and it may take longer if there are complications.
Can my spouse object and prevent me from getting a divorce?
Although your spouse could file a reply to the application for a divorce, which
would cause it to take longer to obtain the divorce, your spouse cannot prevent
you from eventually obtaining a divorce.
What if my spouse lives outside of Canada?
You can still obtain a divorce but it will take longer and our fee will likely
be higher due to the increased cost of serving your spouse with papers.
What if I don't know where my spouse is?
This will not prevent you from obtaining a divorce, but it will take longer and
our fee will be higher because we have to obtain an additional court order to
avoid having to serve your spouse personally. |