One spouse must file a legal petition requesting termination of the marriage to get a divorce. The petition typically must show that at least one person meets the province’s residency requirements for divorce. Additionally, grounds for divorce must be provided. The divorce process can take 12 months or more. You can request temporary court orders at this point to address child support, child custody, parenting issues and spousal support until these issues are conclusively resolved by agreement or final order if a trial was necessary.
Next, you must file a “proof of service” with the court. This shows the court that you met the requirements for serving your spouse with a copy of the divorce petition. Note that spouses may not serve each other. You will need a process server or third party to personally deliver the documents. At this point, you and your spouse can negotiate to try and reach an agreement, including decisions about debts, the division of assets, child custody, child support, and spousal support. If successful, you can avoid going to court. However, if you and your spouse can’t agree on the details, you may require a court hearing or a trial before a judge. In this case, the judge will make the decisions after hearing both sides, regarding as how assets are decided, all parenting issues and support arrangements, and spousal support. Subsequently, a judge signs the judgment of divorce, which legally ends the marriage.
DIVORCE MEDIATION
Divorce mediation provides an alternative way to negotiate your divorce agreement without going through a court trial or the lengthy legal process leading up to one. In mediation, a trained, third-party mediator assists you and your spouse in reaching an agreement so you can finalize your divorce. For instance, a mediator will help a couple address issues regarding the division of assets, child support, who will care for the children, their schedule, and spousal support.
Unlike a judge, a mediator does not make the decision. Instead, they facilitate the discussion to help the spouses come to a mutual agreement. Divorce mediation is typically cheaper and faster than going before a judge. Plus, there is no public record created and the spouses have more say and control over the decisions made. Collaborative negotiation is similar but involves two specially trained lawyers who negotiate without a mediator. The intended result is the same as a settlement in which you are a co-author.
JUDGEMENT OF DIVORCE VS. CERTIFICATE OF DIVORCE
A divorce judgement and a certificate of divorce are both proof of divorce, but these documents are not the same. A divorce judgement is the court order that officially ends the marriage. It includes the court’s final orders regarding the divorce such as the division of assets, child support, spousal support and the dissolution of the marriage. However, a certificate of divorce is issued 30 days after the divorce judgement (providing no appeal) which provides final proof of the divorce. It’s a brief document — usually one page. It can be used when applying to change your name or for a marriage certificate but does not include the final order details like the judgement of divorce.
Note: The information in this blog is not legal advice. Consult a lawyer for advice for your situation.