The decision to get divorced is not usually an easy choice to make. The fact that you have reached this point means you have probably gone through a lot of stress already. Now that you have made your decision, you want to move forward with as little difficulty as possible. Fortunately, the province of Nova Scotia makes filing for divorce a straightforward process, especially if you are seeking an uncontested divorce – one where you and your spouse agree on all elements of the divorce, including property division and child-related issues. You may even qualify to divorce without an attorney. If you qualify, you only need to complete the required divorce papers for Nova Scotia and submit them to the court to get started.
Divorce papers available online at CompleteCase.com make the application process even simpler, giving you the divorce forms you need for your specific circumstances so you’ll know that you are filling out the right forms from the start.
If you and your spouse are having difficulty reaching the agreements necessary to seek an uncontested divorce, you may find the services of a divorce mediator useful. Mediation in Nova Scotia lets you meet with a professional mediator, someone trained to help divorcing couples come to equitable terms. Mediation may be able to save you considerable time and expense, especially if it helps you avoid lengthy legal battles.
The following information is here to help you understand the basics of divorce in Nova Scotia. With this information and the appropriate divorce papers, you can move forward with your divorce as soon as you are ready to do so.
According to data provided by Statistics Canada, in 2008 the divorce rate in Nova Scotia was 20.3 for every 10,000 residents. This rate puts Nova Scotia somewhere in the middle of divorce rates in Canada. Nova Scotia, like all Canadian provinces and territories, decides to grant a divorce based on marriage breakdown. You can prove marriage breakdown using three grounds – extreme cruelty, adultery or living separately for a year. Living separately and apart is the most common ground in Nova Scotia. If you must live in the same home while separate, you can still get a divorce as long as you can demonstrate that you were not together for at least one year.
The specific divorce papers that you complete and submit to the court may vary depending on your circumstances, such as if you are seeking an uncontested or contested divorce, or if you and your spouse have minor children. The forms can also vary depending on where you reside in the province. The Nova Scotia Family Law website offers different divorce forms for different areas of the province.
If you find the wide variety of forms a bit confusing, you are not alone. You also do not want to make the mistake of submitting the wrong forms, or of filling out the forms incorrectly, as it can lead to unnecessary delays in your application for divorce. With so many options and so much risk of making a mistake, many people choose to prepare their divorce papers online with CompleteCase.com. With the support of CompleteCase.com you’ll know you are completing the necessary forms for your situation and location. You’ll also know that those forms are completed correctly the first time. The peace of mind that comes from using CompleteCase.com is comforting in an otherwise stressful process.
When you have completed your divorce papers, you will need to make at least two copies of each. You will want one copy for your records, one to serve to your spouse and one to file with the court. You will also need to have payment for the court filing fee. Before you go to file your paperwork you can call ahead or check the court website to verify that you have enough to pay the fee. The Nova Scotia Family Law website has a section where you can find the right court to file your paperwork.
When you have submitted your divorce documents and paid the fee, the court clerk will start the filing process. Make sure to ask the clerk about what comes next, as it can vary depending on your circumstances and the documents you submit. The clerk can tell you what to expect and how to make sure you deliver everything the court needs to keep things moving along.
When you file the required divorce paperwork, the court clerk will tell you that you need to serve copies of the documents to your spouse. The only exception to this would be if you filed jointly, in which case the court already knows that your spouse is aware of the divorce. Otherwise, you will need to “serve” the papers, which just means giving copies to your spouse so he or she knows what is going on and has a chance to respond.
You are not allowed to serve the divorce documents yourself, so you will need to employ the services of someone else to do the job. You have the option of using a friend or family member that you are comfortable with, as long as the individual is 19 or older and literate. Just make sure you choose someone you trust, as the divorce will not move forward if you do not complete the service.
You can also use a private process server, a company that specializes in serving papers. The private process server will cost money, but you get the services of a professional in exchange for the fee. You know when you use a private process server that the papers will get to your spouse.
Whichever option you choose, you will need the individual that served the papers to complete an “Affidavit of Service” a form that verifies that the papers were served. You will then file this paper with the court to complete the filing process.