Process of Filing for Divorce

  1. One spouse is to file a petition for divorce at a court registry and serves it to the other spouse (the respondent).

  2. Response The respondent has 25 days (if served within the Northwest Territories) or 30 days (if served outside) to file an answer or counter-petition if they wish to contest the divorce.

  3. If the respondent does not file a counter-petition, the spouse seeking the divorce prepares an affidavit outlining the relevant facts and circumstances of the marriage, separation, and children (if any).

  4. A judge reviews the documents and considers whether there are valid grounds for divorce and whether appropriate arrangements have been made for the children. If satisfied, the judge grants a divorce judgment.

  5. The divorce judgment is sent to the respondent, who has 30 days to appeal the judgment if they disagree with it. If no appeal is filed, the judgment becomes final on the 31st day.

  6. Once the judgment is final, the spouse can request a certificate of divorce from a court registry. This certificate confirms that the divorce is official.

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.