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Difference between revisions of "How Do I Get Divorced?"
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The only way to get divorced in Canada is by a court order, and to get a court order you have to start a court proceeding. (Only married spouses need to get | The only way to get divorced in Canada is by a court order, and to get a court order you have to start a court proceeding. (Only married spouses need to get divorced; the relationships of unmarried spouses are over when they separate.) You must have lived in the province in which you are starting the court proceeding for at least one year before you can get started, and you must start your court proceeding in the Supreme Court. | ||
The court proceeding can include claims beside a divorce order; typically people also ask for orders about the care of children, the payment of child support and spousal support, and the division of property and debt. However, you'll be in for a fight if you and your spouse don't agree about the orders the court should make. This discussion assumes that the only order anyone is asking for is a divorce order. | The court proceeding can include claims beside a divorce order; typically people also ask for orders about the care of children, the payment of child support and spousal support, and the division of property and debt. However, you'll be in for a fight if you and your spouse don't agree about the orders the court should make. This discussion assumes that the only order anyone is asking for is a divorce order. | ||
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==Serve your spouse== | ==Serve your spouse== | ||
Next, have your spouse personally served with a copy of the filed Notice of Family Claim. You can't do this yourself; you must get someone to do it for you. Your process server <span class="noglossary">will</span> need to swear an Affidavit of Personal Service in Form F15 to prove that service was done and when it was done. (Couples filing the Joint Notice of Family Claim together don't need to have anyone served.) | Next, have your spouse personally served with a copy of the filed Notice of Family Claim. You can't do this yourself; you must get someone to do it for you. Your process server <span class="noglossary">will</span> need to swear an Affidavit of Personal Service in Form F15 to prove that service was done and when it was done. (Couples who are filing the Joint Notice of Family Claim together don't need to have anyone served.) | ||
==Wait== | ==Wait== | ||
Your spouse has 30 days to defend your claim. What you hope is that your spouse won't file a Response to Family Claim or Counterclaim, because if this happens you're going to have to settle your differences or deal with a trial. (Couples filing the Joint Notice of Family Claim together don't need to wait.) | Your spouse has 30 days to defend your claim. What you hope is that your spouse won't file a Response to Family Claim or Counterclaim, because if this happens you're going to have to settle your differences or deal with a trial. (Couples who are filing the Joint Notice of Family Claim together don't need to wait.) | ||
==Apply for the divorce order== | ==Apply for the divorce order== | ||
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#a draft divorce order in Form F52. | #a draft divorce order in Form F52. | ||
(Couples filing the Joint Notice of Family Claim together can file these documents, without the Affidavit of Personal Service, as soon as they've filed their Notice of Family Claim.) | (Couples who are filing the Joint Notice of Family Claim together can file these documents, without the Affidavit of Personal Service, as soon as they've filed their Notice of Family Claim.) | ||
==Wait== | ==Wait== | ||
It can take anywhere from 60 to 120 days for the court staff and a judge to process your divorce application. Start calling the court registry at the 60 day mark to see if your order is ready. | It can take anywhere from 60 to 120 days for the court staff and a judge to process your divorce application. Start calling the court registry at the 60-day mark to see if your order is ready. | ||
==Pick up your divorce order== | ==Pick up your divorce order== | ||
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[[Category:Marriage, Separation & Divorce]] | [[Category:Marriage, Separation & Divorce]] | ||
{{Creative Commons | {{Creative Commons for JP Boyd}} | ||
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