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Divorce: A laypersons' guide to the law on divorce, family law, support, custody and access. rights and obligations in Canadian law
All You Need to Know About Getting Your Own Divorce in Canada on CanLaw
TABLE OF CONTENTS
CanLaw Guides to the Law for the Layperson
CanLaw Divorce Section
You don't have to have a lawyer to get a divorce, whether defended or undefended. However it is strongly recommended that you
get some form of legal advice, especially if you need to settle issues about property, custody, access, guardianship, or support.
There Are No Winners in Court
What you should know about Family Law and Divorce in Canada on CanLaw
Getting involved with the courts in a contested divorce is a lousy, destructive, enervating, expensive, frustrating, and time wasting nightmare that will last for years.
It is well worth your time to review these pages and educate yourself on the rules, the process and the grounds for divorce, custody and support. It will give you a sense of control again and make life a little easier for you during the nightmare called divorce.
Do you know, for example, that a prolonged divorce or family court battle often will wipe out your resources completely? Can you afford to spend $50,000 or more on legal costs? How would that help your children? Or be in their "best interests?"
Dealing with divorce is very trying and hard on both parties. It is not just the divorce, it is also the custody and access and support battles that follow and drag on for years. Dealing with the many unknowns make it more upsetting.
FOUR BASIC TYPES OF DIVORCE
You can file for divorce with or without the involvement, consent or cooperation of your spouse.
The Four Ways to Get a Divorce Explained
How do you file for divorce in Canada? There are only four basic ways to get a Divorce in Canada. How to get your divorce and move on with your life.
- Uncontested Divorce: You file the forms for divorce and if your spouse does not file a response, then the divorce becomes uncontested.
You probably will not even have to appear in court. Usually a judge will just rubber stamp the divorce so long as there is no glaring unfairness or inequity in the proposed divorce arrangements.
You cannot file an "uncontested divorce." The court determines this based on your filings.
Uncontested divorces can usually be completed in about 60 days. Be smart and avoid court battles by doing your own divorce. Yes, you can do your own divorce the easy way.
An Uncontested Divorce will cost you just a few hundred dollars. A contested divorce will cost you tens of thousands of dollars. The choice is yours.
- Joint Divorce: If you and your spouse agree on most or all of the issues you have an uncontested joint divorce.
When both parties sign, and swear to the divorce papers the divorce is mutual and you are telling the court that you both want a divorce and agree on the terms you set up.
- Collaborative Contested Divorce: Collaborative Divorce: Will it work for you?
Collaborative Family Law sets aside the usual adversarial approach and tries to work amicably to achieve a fair and reasonable settlement in divorce.
A Collaborative contested divorce occurs when the parties cannot agree on all of the issues, but are willing to negotiate through lawyers to solve all problems and all agree not to go to court.
- Contested Divorce: Battle it out in court and come out bankrupt
Contested Divorce Procedure: How the system works in ten painful expensive steps.
A contested divorce occurs when the parties cannot agree on all of the issues. Lawyers love contested divorces. It buys them mansions. A contested divorce can easily cost you $50,000 because this is where lawyers get involved in a lengthy court battle.
A contested divorce will involve considerable time, money and frustration. Contested divorces often turn into major battles and both parties end up losers.
By all means marry; if you get a good wife, you'll be happy.
If you get a bad one, you'll become a philosopher. - Socrates
Find a Divorce Lawyer using CanLaw's Free Lawyer Referral Services
Find a Process Server to serve your divorce documents
Find a Mediator if you think it will help settle things.
RELATED ISSUES Divorce
- False DV Allegations
Women routinely file false allegations of Domestic Violence because it gets them all they want in a divorce.
COSTS OF DIVORCE
How Your Property Is Divided Upon Separation
Property splitting, equalization payments and the divorce Laws on CanLaw
Child custody is not for fathers. Men have no rights in family law.
Child and Spousal Support: Why women find divorce so profitable
How fathers pay and pay and pay, even after they are dead. So much for women's equality. Women do not pay support to men in Canada.
Child Support Guidelines If you are a father, you have no rights whatsoever.
Start by doing a Legal Separation Agreement.
Get proof of your Canadian divorce Divorce Certificate
You will need proof of any previous divorces. Get it here. Obtain your Divorce Certificate through CanLaw
Order your proof of Divorce access information here.
Change Your Name? Anyone may change their name at any time to anything they want.
Senate proposal to jail lying lawyers
All the Provincial Divorce Forms
The Provincial Family Law Acts and laws on divorce in Canada on CanLaw
Divorce Statutes and Laws
How to Find the law that applies to you
Custody Agreement Form
This free form is intended as a negotiation tool, not a final agreement.
Both parties should do their own draft and then compare and negotiate until they come up with an acceptable final version.
Parenting Agreement form
Simple free Parenting and Access Agreement Form on CanLaw
Enforce Access to the children of divorce. Women do not own the kids.
Custody Brochure PDF
Divorce Guidelines PDF Brochure
Travelling with your kids? You will need a Travel Consent form to cross borders or fly anywhere.
Links to ALL Your Provincial Legislation
Women always make false allegations as a weapon in divorce and custody battles
Baby Killing Mothers
How to Find Someone
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