Family Law
Simple Divorce
Family Law
Lawyer for Simple Divorce
A simple divorce occurs when both parties mutually agree to part ways. The spouses discuss all aspects of their marriage and come to a mutually acceptable agreement. The terms and conditions regarding various issues, such as child custody, spousal support, and how the assets and liabilities are divided between the couple, as well as the date of separation, will be discussed and agreed upon without involving a divorce lawyer or going to court. These will be mentioned in an agreement signed by the parties. It is a quick and easy way to finalize your divorce when the couple has come to an amicable understanding of the path forward. For this reason, it is also known as an uncontested divorce.
In fact, the application can proceed even without a divorce lawyer if the spouses are cooperating with one another throughout the process. You can submit the application and all the required documents online. However, the services of a divorce lawyer might be required to ensure that the divorce settlement agreement you are signing is legally valid and enforceable. This ensures that there will not be any disputes on issues like child or spousal support, child custody, and property division.
What is involved in a simple divorce?
Since both spouses are on the same page in a simple divorce, the delay in finalizing the divorce will be because of legal requirements and from the side of the court because of administrative delays. Here are a few things you need to make sure of before applying for a simple divorce:
- One of the requirements to qualify for divorce is the minimum one year of separation of the couple. This need not be in separate accommodations. You may live under the same roof during the period of separation to meet the requirements of the Divorce Act. However, the couple will have to submit proof of separation. If they have separate accommodation, they can submit the lease agreements. If they are sharing the accommodation, they need to submit signed affidavits stating that they have been living separately.
- Also, at least one of the spouses must be residing in the area of jurisdiction for at least one year.
- They must submit the original marriage certificate. If it is in a foreign language, it is essential that you get it translated by a certified translator and submit the translation along with the original. It must be translated into either English or French.
- And, of course, you must fill out the application without any errors. It is best to get everything checked out by a divorce lawyer. If there are any errors, your application is likely to be rejected, resulting in unnecessary delays.
- You will have to pay the court fee for the simple divorce as applicable to your province. Check the criteria to qualify for the fee waiver available to low-income couples. Fill out and submit the Fee Waiver Form if you are eligible for it.
- While you are both in agreement on most of the issues concerning the divorce, things might not stay the same in the future. It is best to get everything down in writing to make it legally enforceable. This will serve as the divorce settlement agreement.
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How can a divorce lawyer help you?
Since it is an uncontested divorce, the spouses must have already come to an agreement on almost all issues. There will be less need for the divorce lawyer to help with the negotiations regarding the child and spousal support or property division. However, it is important that these things are put in writing, signed, and witnessed for them to become legally enforceable. The divorce lawyer can help you with the drafting of this divorce settlement agreement that covers all these aspects. Also, the divorce lawyer can help make sure that there are no errors or omissions in the submitted application or documents. Such mistakes could lead to unnecessary delays or rejection. Make sure to get everything checked by the divorce lawyer before you submit the application.
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Frequently Asked Questions
What is the eligibility for a Simple divorce?
You have to meet the requirements mentioned below before you can apply for a simple divorce.
- Separation of at least one year. This is the same for all no-fault divorces. This requirement can only be waived in an at-fault divorce where there is proof of adultery or cruelty.
- At least one of the spouses is a resident in that jurisdiction for a minimum of one year.
- There is an agreement between the spouses on all issues, such as child custody, spousal and child support, and property division.
What documents are required for submitting a Simple divorce application?
- Original marriage certificate. You must also submit the translation in English or French if the certificate is in a foreign language.
- Divorce application.
- Proof of separation for at least one year. This could be the copies of the lease agreements if you are living in separate accommodations. If not, signed affidavits from the spouses will be enough.
- Payment of court fee for processing the application, if applicable. In many provinces, there is an option for waiving the court fees for low-income couples.
Is there an option for submitting the application for a simple divorce online?
Yes. Most provinces now provide the option for submitting the application online. Check the online portal of your provincial court. You will find the online option for applying for Simple Divorce there. Normally, a checklist of documents to be submitted will also be provided. Follow the instructions and submit the application online without any errors.
How long will it take for the divorce to be finalized?
Since there are no disagreements regarding the terms of the divorce between the spouses, the delay will be purely administrative in nature. Generally, the divorce will be finalized in a matter of months if there are no errors in your application. Officially, your legal status as a married couple ceases to exist 31 days after the court has issued the final divorce order. After this period, you can apply for the Certificate of Divorce after paying a small fee. Please note that this document is essential if you are planning to remarry.
