A lawyer can tell you what factors courts may consider when they are deciding if you are separated. The Divorce Act is a federal law, but the provinces and territories are responsible for the processes for getting a divorce. You need to fill out the right forms for your province or territory and file them in a court.
Or, your lawyer can do this work for you. You must follow the rules of the court that processes your divorce. You may also have to pay an application fee. It is always a good idea to get legal advice before you apply. A lawyer can tell you about your rights and responsibilities and explain how the law applies to your situation. He or she can also explain what other documents you may need to give the court. Depending on your province or territory, you might be able to get divorce application forms and information from:.
It will probably be best if you and your spouse can agree on major issues such as child support , custody and parenting arrangements , spousal support and property issues before you apply for a divorce. If you cannot agree, you can ask the court to decide. But if you do that, your divorce may take longer to complete. It will probably also be much more expensive and stressful for you and your family if the court has to make these decisions for you.
Your province or territory may offer family justice services such as mediation to help you make difficult decisions. As a general rule, only Canadian residents can divorce in Canada. You should keep a copy of all your documents for your records. After you submit your documents online, you cannot view the documents online. You will receive an immediate confirmation that your application has been filed with the court. Take a screenshot or print a copy of this screen for your records.
If you file your application on a business day between a. If you file your application outside regular business hours, you will receive an email the next business day. If the court grants your divorce and you provided an email address, you will receive an email with a copy of your divorce order.
You will receive confirmation that your documents have been submitted but not yet filed with the court. Court staff will review your documents within five business days to determine if they are accepted or rejected for filing with the court. If your documents are:. If you have any questions about your specific case, contact the court office where your documents were submitted or filed.
You can find a list of courthouse addresses and phone numbers here. To have a better experience, you need to: Go to your browser's settings Enable JavaScript. Home Law and safety. File family court documents online Learn how to file family court documents online — without having to go to court. On this page Skip this page navigation.
Overview You can submit most family court documents online, including to: apply for a joint or simple divorce start or answer an application for things like child support, spousal support, or division of property attend a family conference make or respond to a motion bring a motion to change a final court order or agreement for things like child support register a domestic contract, such as a separation agreement, for support enforcement file documents in a child protection case request a fee waiver certificate Before you submit documents online, make sure you qualify and have all the required documents.
How it works You can file online most documents you need for a family court case in the Ontario Court of Justice or the Superior Court of Justice.
Serving your spouse when they live in a foreign country can add some complexity to your case, but you can follow these steps to proceed with your divorce.
Each state has its own divorce laws. For example, there are different rules regarding residency and service requirements. Make sure you understand where you can file for divorce and how to serve the required paperwork on your spouse.
If you need help understanding these rules, you can contact your local family court to gather more information. Additionally, you can hire an experienced family lawyer to help you with the process. Once you understand your state's rules, complete your divorce petition and file it with your local county court.
You can either check your family court's website or call to ask about forms used for filing your divorce. You'll need to pay a fee when you submit your petition.
Be sure to specify a proposed division of your property, such as your house, cars, and bank accounts. If you have children, you must also suggest custody, visitation, and child support. Your court may have separate forms for any proposed settlements. If both you and your spouse agree to the divorce, the settlement of your property, and the custody and visitation of any children, then this is an uncontested divorce. When both spouses agree, your divorce becomes simpler.
If you and your spouse don't agree on these terms, then you have a contested divorce. This can lengthen the process and cost of your case. Next, you need to serve your spouse, even if he or she lives in a foreign country.
0コメント