The decision to get divorced is not usually an easy choice to make. Now that you have reached the point where divorce seems like the best option, you are probably interested in finding the most straightforward way possible to end your marriage. Fortunately, Prince Edward Island makes filing for divorce a fairly simple process, particularly if you are seeking an uncontested divorce – one where you and your spouse agree with each other on important issues like property division and child custody. If you qualify for an uncontested divorce, you’ll need to complete the required divorce papers for Prince Edward Island and submit them to the court to begin. CompleteCase.com can make the application process even easier online by providing the forms you need for your situation and helping you complete them correctly.
If you and your spouse are not able to come to agreements on issues related to divorce, you may consider seeking out a divorce mediator. Mediation in Prince Edward Island lets you meet with a professional trained to help divorcing couples reach difficult decisions. Mediation can save you time and money, especially in comparison to a drawn out court dispute.
The following information will help you understand the basics of filing for divorce in Prince Edward Island. With this information and the required divorce papers you’ll be prepared to start on your own divorce
According to Statistics Canada, in 2008 the divorce rate in Prince Edward Island was 21.9 for every 10,000 residents. This rate puts Prince Edward Island somewhere in the middle among divorce rates in provinces and territories in Canada. To file for divorce in Prince Edward Island you or your spouse must have resided there for at least one year.
Prince Edward Island is governed by the Divorce Act which states that divorce can only be granted due to marriage breakdown, and can be demonstrated in three ways. The most common way is to live separate and apart from your spouse for a year. You can also claim adultery or extreme cruelty, although doing so typically requires the services of a lawyer.
The specific divorce papers that you fill out and submit to the court may vary based on your circumstances, such as if you have minor children with your spouse, or whether you are seeking an uncontested versus a contested divorce. The most common divorce form is the “Petition for Divorce”, but there are many additional forms that must be completed as well.
It is best to familiarize yourself with the divorce process in your province if you want to avoid surprises and look out for your best interests. The Prince Edward Island Department of Justice and Public Safety has a Family Law Centre that contains some resources, and you can also learn more at the CLIA PEI site, a non-profit law information site that discusses divorce and other family law issues.
If you find the various options and forms a little bit intimidating, you should know that you are not alone in this. Many people worry that they will fill out the wrong forms, or fill out forms incorrectly, and experience unnecessary delays to their divorce as a result. With divorce papers from CompleteCase.com, you can avoid the doubt and speed up your application process. Our online divorce form preparation service can help you find the right forms and complete those forms correctly, allowing you to move forward confidently.
When you are ready to file your divorce papers you will want to go to the nearest family court section of the Supreme Court of Saint Edwards Island. But before you go to file, you should make at least two copies of your divorce form – one to file, one for your records and one to serve to your spouse. You should also verify what the filing fee is at the time of your filing. You will need to bring the payment in a form accepted by the court to complete the application for divorce.
When you have submitted your paperwork and paid your fee, the court clerk will officially file your documents. You should make sure you are clear on what your next steps should be after filing, steps the clerk should be able to explain to you based on your situation. The next steps, just like the divorce forms, can vary depending on different circumstances, such as if you are filing an uncontested divorce or not.
Unless you filed jointly with your spouse, you will probably be required to serve copies of the divorce papers to your spouse. “Serving” simple means delivering copies of all the divorce documents to the spouse so that he or she has the opportunity to respond. It ensures that everyone is on the same page.
You will need to find someone over 18 to serve the papers, as you are not allowed to do it yourself. Many people ask friends or family members to serve the papers, which can work fine in many circumstances. Just make certain you can trust the individual to deliver the papers, as the divorce cannot be finalized until the papers are served.
You may also use a private process server. A private process server specializes in serving legal documents. You pay a fee and the private process server will do whatever is necessary to deliver the documents.
Once the documents have been delivered, you will need the individual who served the papers to complete an “Affidavit of Service”, proof that the papers have been delivered. You will file this affidavit with the court to complete your filing. There is a possibility that the court will need more documents. If it does, you will be notified.
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It's great to have an option like this when dealing with an amicable, uncomplicated divorce - no need for attorneys when there's nothing to hash out.
By Deborah Sharp, USA TODAY
Couples can find a mate, fill out a bridal registry and plan a honeymoon on the computer. Now they can also divorce online.
A Web site started last year by a Seattle attorney gives the unhappily wed in Washington, California, Florida and New York the option of dissolving their marriages online. Texas is next, and several other states are being considered.
The site is the latest twist in a do-it-yourself trend. Changing trends in the USA Average age of first marriage Divorce year male female Divorced Americans Divorces granted 1970 23.2 20.8 4.3 million 0.7 million 2000 26.8 25.1 19.9 million 1.2 million Sources: U.S. Census; National Center for Health Statistics
No national figures exist on self-representation. But some experts estimate that as many as half of 1.2 million couples divorcing annually in the USA do so without a lawyer representing at least one of the parties.
The Web site, www.completecase.com, differs from the many self-help sites offering advice, referrals or downloads of documents needed to file for divorce in a particular state.
For $249, the Web site prompts couples with questions on everything from dividing financial assets to deciding where the kids celebrate birthdays. The software then uses their answers to fill out the documents that a couple can download and submit to a court.
Requirements vary by locale as to whether a couple must show up in court or can mail in or fax their divorce filing. But in all cases, a judge must still sign the order ending a marriage.
Randy Finney, a family law attorney for 11 years and the founder of the Web site, says it was designed for uncontested divorces. It's not for couples with convoluted finances or for those fighting over child custody and who gets the dog.
"The decision to get a divorce comes way before the decision about how to get a divorce," says Finney, 35, who is happily married. "I don't think anyone takes their wedding vows so frivolously that they're going to get a divorce just because they can do it for $249."
Not everyone is thrilled with the notion of cyber-divorce.
Judges and lawyers fret that couples who use the Web site may believe they've had legal counsel when they haven't. And leaders in the movement to save marriages complain that point-and-click divorce further undermines the institution's supposed sanctity.
"I can only think of one use of the Internet that's worse and that's pornography," says Dennis Rainey, executive director of FamilyLife, a religious group based in Little Rock. "We're trying to do all we can to call people to keep their wedding vows."
FamilyLife has joined with 30 other organizations since 1999 in drawing 175,000 spouses nationwide to "I Still Do" ceremonies that affirm marriage.
Despite the marriage celebrations, about one-fifth of American men and women have been divorced at least once.
A study released last month by the U.S. Census shows about 90% of Americans will marry at some point. For men, 54% married just once. For women, 60%. Serial marriage is rare: Only 3% of Americans have married three times or more; 13% have married twice.
Finney estimates his Web site has helped 1,000 couples unhitch. Stacey Kiss of Seattle is among those who traveled to virtual Splitsville. The self-described "Internet junkie" says it took her and her husband of seven years about three hours one night to click through the Web site's detailed questions.
"We never got along on anything through our entire marriage, but we still managed to come to an agreement," says Kiss, 36, a hospital business-services manager. "Why drag it out and make it complicated?"
She says the online split was cheaper and easier than her first, traditional divorce. Now single, Kiss says she's comfortable with dot-com divorce, but she draws the line at cyber-dating.
"I like surfing the Web," she says, "but not for men."
Ernesto Gomez and his wife Blanca had been planning to get a divorce for three years. They had already separated and worked out custody and child support for their two kids. But they had stalled on filing because they didn't want to deal with the hassle and expense. Hiring a lawyer, they were told, would cost at least $1,500. Using a free service offered by the court would involve numerous meetings spread out over several weeks.
So when Gomez heard an ad on the radio for a service called completecase.com that would let him fill out the paperwork online for just $249, he decided to give it a try. Four days after he logged onto the site, he had the papers completed and filed in court. "CompleteCase gives you step-by-step instructions. You can't miss anything," says Gomez, a distribution-center manager in Miami.
Gomez is not the only one turning to the Internet to simplify the process. Other services, like divorcewizards. com and divorcesyourself.com also offer quickie online divorce kits, usually for $300 or less. No lawyer is involved unless a client chooses to pay extra for a consultation by phone or e-mail.
Brian Lee, president of legalzoom.com says his site has handled more than 30,000 divorces since its launch in 2001. Though people still have to convey their forms to the court, the process of filling out the paperwork can take less than an hour, thanks to simple online questionnaires that hand-hold customers through the process.
Online divorce is not an option if the couple can't agree on the terms. Even when they can, not everyone thinks it's a good idea. "Instant divorce is the last thing we need," says Mike McManus, president of the marriage advocacy group Marriage Savers. Instead of a divorce, McManus says, couples often just need time to cool off before working out their differences.
Still, such services are spreading. Utah and California offer do-it-yourself sites that let you fill the forms out online (for $20 at utcourts.gov/how to; free at www.courtinfo.ca.gov/selfhelp) Traffic on the California site rose from 6,800 page views in May 2002 to nearly 17,000 in May 2003. --By Anita Hamilton
The Los Angeles Times; Los Angeles, Calif.; Nov 19, 2001; MARTIN MILLER;
Abstract: Californians can legally split from their spouses over the Web site http://www.completecase.com and never have to set foot in a courthouse or lawyer's office. Legal papers can be completed within anywhere from 30 minutes to two hours, depending on the complexity of the split, according to Randolph Finney, a Seattle-based family law attorney who founded the site.
For Californians, once the judge signs the documents, they are "legally binding and enforceable," says Finney, but per state law the divorce doesn't become finalized for six months.
Full Text: (Copyright, The Times Mirror Company; Los Angeles Times 2001 All rights reserved)
The circle of online life is now complete. You can date online; you can marry online; and now you can divorce online.
Californians can legally split from their spouses over the Web site http://www.completecase.com and never have to set foot in a courthouse or lawyer's office. Legal papers can be completed within anywhere from 30 minutes to two hours, depending on the complexity of the split, according to Randolph Finney, a Seattle-based family law attorney who founded the site.
For a flat fee of $249, the site walks divorcing couples step-by- step through such issues as community property and calculating child support payments. When the online form is completed, the applicant simply signs the papers and mails them to the courthouse.
But it's not for everyone. It works only for those couples who are parting amicably and filing for an uncontested divorce. "If you can't agree on who gets the kids, our site is not for you," says Finney, a married 35-year-old.
The site debuted earlier this year, but only to residents of Washington state. Last month, California was added, and soon Florida, New York and Oregon are expected to be added. So far, the site has helped process hundreds of divorces, says Finney.
The site has drawn critics who denounce the online divorce as yet another blow to society's bedrock institutions. The very ease of the process, some contend, makes family and marriage as disposable as an old appliance. Indeed, a similar site in England was recently condemned by the pope as immoral because it made divorce too easy.
Naturally, Finney disagrees. "I think our Web site has the opposite effect," he said. "If you're going to get divorced, let's do it in a civil manner. I really don't believe having something available that makes it easier and costs less money is going to encourage divorce."
The inspiration for the project came from his law practice, where he primarily handles divorces. It took about a year to get the site up and running. "On almost a daily basis, I would get clients who said they needed a divorce but didn't have the money or the patience with the legal process to pursue it," he said. "These people are really stuck between a rock and a hard place."
For Californians, once the judge signs the documents, they are "legally binding and enforceable," says Finney, but per state law the divorce doesn't become finalized for six months. "It isn't quite as fast as a Las Vegas divorce," he says.
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Please note that although you are currently not in agreement with your spouse regarding the divorce, you will need to agree before you get your divorce paperwork. Our guided process is designed to walk you through all the important issues in a divorce so that you can come to terms.
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