A no-fault divorce in Canada requires a one-year separation period and proper legal documentation.
Obtaining a no-fault divorce in Canada involves a straightforward legal process that begins after spouses have lived separately for at least one year. This separation period establishes the breakdown of marriage as the grounds for divorce.
- Complete and file a Divorce Application with your provincial court, including details about marriage, separation, and any arrangements for children or property
- Pay the required court filing fees and obtain a court file number
- Legally serve divorce papers to your spouse and file proof of service with the court
- Wait for your spouse’s response period (usually 30 days)
- Submit additional documentation if required by the court
- Attend any mandatory court hearings or case conferences
Working with a family law professional can help ensure all legal requirements are met and assist with negotiating settlements for property division, support payments, and parenting arrangements.