FAQs: Divorce filing

You can file for divorce once you and your spouse have been living apart for at least one year. This is the standard ground for divorce under Canadian family law. The one-year period can run concurrently with the mediation process, so for most of our clients it means they are soon eligible for divorce filing by the time their Separation Agreement is finalized.

An uncontested divorce is one where both spouses have reached full agreement on all matters, in particular property division, spousal support, child support, and parenting arrangements. It does not require a court appearance and is significantly faster and less expensive than a contested divorce. The Fairway INR™ process is designed to produce an uncontested divorce in every case.

The required documents vary by province but typically include a completed divorce application, the original marriage certificate or proof of marriage, and a copy of the signed Separation Agreement. Where children are involved, information about the parenting arrangements and child support provisions will also be required. Does filing for divorce require going to court?

In most cases, no. A joint divorce application where both spouses are filing together is typically processed by the court without requiring you to appear. The court reviews the divorce papers and issues the divorce order once it is satisfied that all requirements have been met. Legal separation precedes the divorce order but does not require court attendance either.

It depends on the province and the court's current processing times. In most cases, a divorce judgment is issued within a few months of the divorce application being filed. Your Divorce Resolution Expert or family lawyer can give you a realistic expectation for your province.