"How do I get a divorce?" - Canada

As you can imagine, we hear this question A LOT!

In Canada, only a Judge can grant a divorce. For this reason, the Court must be notified if either party wants a divorce, even if all of the other issues are settled, by way of Separation Agreement, for example.

How does the Court "get notified"? One of the parties needs to commence a court proceeding, by Application (a joint Application is also an option). In the Application, the spouse commencing the court case would ask for a divorce BUT may also ask for other relief, like child support, custody and other claims.

When to ask for a divorce and whether to ask the Court for just a divorce or a divorce with other claims is a very important, strategic decision for which you likely need legal advice.

In lay terms, a "divorce" is what happens when two married spouses separate but in strict legal terms, a divorce is only the order of the court which ends a marriage and as a result of which the spouses are no longer spouses and are divorced.

It is important to realize that the granting of a divorce DOES NOT deal with any of the other issues in the case between separated spouses.

SO: if your case involves issues like custody, access, child support, spousal support and property division, to mention just a few, then your court case must name all those IN ADDITION to a divorce and ask the Court to deal with those issues as well.

These are complex, technical issues. Get legal advice. We offer unbundled services to give you advice on limited, specific issues as well. 

©AJJakubowska