Process of Filing for Divorce

The process of filing for divorce includes:

  1. Start by filling out a document called a "Statement of Claim for Divorce." If you're initiating the divorce, you'll be the Plaintiff, and your spouse will be the Defendant. There's also an option to include property division in the document.

  2. Sign the completed Statement of Claim for Divorce and take it to the Courthouse.

  3. The Statement of Claim for Divorce must be served on the Defendant (your spouse). It needs to be personally delivered to them by someone other than you. You can ask a friend, or family member, or hire a professional process server to do this for you.

  4. After serving the Statement of Claim, the Defendant has a specific time period (20 days, 1 month if out of province but in Canada, or 2 months if outside of Canada) to dispute the claim by filing a Statement of Defence. If Defendant doesn't respond within the given time, Plaintiff can proceed with the next forms.

    • The Plaintiff can file various forms including a Sworn Affidavit of Service, Noting in Default, Request for Divorce, an Affidavit of Applicant, and a proposed Divorce Judgement. If there are children involved, additional forms related to child support and parenting arrangements should be included.

  5. The divorce file is reviewed by a Justice. Once satisfied with the documents and evidence, the Justice will sign the Divorce Judgement, granting the divorce. The Judgement is then sent to the Clerk, who mails copies to both the Plaintiff and Defendant.

  6. After 31 days from the signing of the Divorce Judgement, it becomes final. At this point, the parties can request a Certificate of Divorce from the Courthouse. The Certificate of Divorce is an important document to prove the end of the marriage and may be required for future purposes, such as remarriage.

Please note that the above is for general purposes only and outlines the steps for an uncontested divorce. There may be additional steps based on the nature of the divorce and the individual circumstances. It is recommended to consult with a legal professional to ensure that you fully understand your rights, obligations, and processes.