More Canadians are turning to Do It Yourself (DIY) divorces to save costs associated with divorce lawyers. A divorce lawyer in Canada could cost you around $2,000 or more. However, you may be able to file that same divorce yourself for a couple hundred dollars or less. The most important thing to consider before deciding to use a DIY divorce kit is whether your situation is a good match for a DIY divorce. A DIY divorce should be uncomplicated and relatively straightforward. Both parties should be in agreement as to the distribution of assets, child support and alimony support - if applicable, and any other important divorce issues related to your specific situation.
A Do It Yourself divorce offers benefits over the traditional method of acquiring the services of a divorce attorney. A DIY divorce in Canada does not require you to obtain legal counsel or appear in court. The Divorce Act of Canada makes is possible for married couples to divorce when their marriage has broken down. A broken down marriage is one that includes one or more of the following:
- You live apart from your spouse.
- Your spouse committed adultery.
- Your spouse has been mentally or physically cruel to you.
Couples living in the same household may be able to divorce, if they show that they are not actively participating in the marriage; they must live in separate rooms, not portray themselves as a married couple to neighbors, family, and friends, pay their bills separately, and spend money on entertainment purposes separately. Divorce proceedings may begin anytime after separation, but the divorce will not be finalized until a year after separation occurs.
There are two types of divorce: joint action and sole action. Joint action divorce is for spouses that are in agreement over every detail of the divorce. Both parties want a divorce and both agree on essential details, such as child custody, support payments, and asset distribution. In this case, a joint Writ of Summons and a Statement of Claim may be filed. Both spouses are required to sign each document. These documents ask the court for a joint Divorce Order.
Sole action divorce may be undefended or defended. An undefended sole action divorce occurs when one spouse asks the other spouse for a divorce. The other spouse does not dispute any details of the divorce action. A defended sole action divorce occurs when the other spouse does defend the details claimed by the other party. If either spouse disputes divorce details, then both spouses should obtain separate legal counsel. Never use the same attorney as your spouse. This is a conflict of interest and will lead to an unfair settlement for one or both parties.
The first thing to do if you are considering a DIY divorce is to obtain a DIY divorce guide. Divorce guides are available at most book stores and libraries. A DIY guide will offer step-by-step directions to lead you through the entire divorce process. It is crucial to the well-being of your divorce (and stress level) to obtain as much information as you can before proceeding with a divorce. Free information regarding divorce and family law is prevalent on the Internet, as are other forms of help, resources, and support groups. Court registry staff members are not permitted to help you fill out divorce papers or offer legal advice on divorce topics. If your situation is not covered in the divorce guide, then you may want to acquire legal services from a professional divorce attorney. Every divorce is different, and some divorces are much too complex for a DIY divorce. You may be able to speak to an attorney at your local legal aid office - income qualifications may have to be met first. Another option is to contact the Canadian Bar Association to get a referral for a divorce attorney.
To begin a DIY divorce in Canada, you will need the following items: a legal copy of your marriage certificate (not a certificate from a church) or a certified copy of your marriage registration, a Writ of Summons, and a Statement of Claim. You will need to complete the Writ of Summons and the Statement of Claim. Ensure sure that each document is filled out correctly, dated, and signed. Make three copies of each document before proceeding with the divorce. You will need to take these papers to the nearest Supreme Court Registry. The court registry staff will provide you with a Registration of Divorce Proceedings form. After completing this form, you will need to mail it to the Central Registry of Divorce Proceedings in Ottawa. The Central Registry of Divorce Proceedings will confirm that no other divorce proceedings have been initiated in Canada by either spouse. Once the Supreme Court Registry receives clearance, they will accept your Writ of Summons and Statement of Claim. You will need to pay the registry filing fee at this time. Now you have legally begun the divorce process. If your divorce is not a joint divorce, then you must have your spouse served the Writ of Summons and the Statement of Claim. Private processors can do this for you. They must provide you with a sworn affidavit of service. You will need to file the affidavit with the court.
Your spouse may file an Appearance and a Statement of Defence. However, if your spouse does file these documents, he may intend to defend the divorce. At this point, you may want to obtain legal counsel. If your spouse does not file these documents, then the divorce is undefended. An undefended divorce is generally easier to settle. In an undefended divorce or a joint action divorce, you may be able to obtain a Divorce Order without going to court. You will need to file additional documents - that can be found in the divorce guide - and pay filing fees. Once all paperwork has been accepted, a judge will look at your case. The judge will determine if you are entitled to a divorce. The judge will grant you a Divorce Order. Your divorce is finalized 31 days after the Divorce Order is granted assuming that no appeals are made. To obtain a certified copy of your Divorce Order, you must submit a requisition along with payment to the court.
Here are additional resources you might be interested in:
How Much Does it Cost to Hire a Divorce Lawyer in Canada?
Divorce Information in Canada
There's an excellent ebook about deciding whether to
Get a Divorce or Stay In the Relationship. Every couple should read this before making the decision.
If you're on the verge of having a divorce, read this to
Save Your Marriage.
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