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Divorce in Quebec

The decision to get a divorce is not usually an easy one to make. The fact that you have arrived at this point means you have likely already gone through your fair share of stress and frustration. Now that you have decided to get a divorce, you want to move forward with your decision as quickly and affordably as possible. Fortunately, Quebec makes it relatively straightforward to apply for a divorce, especially if you and your spouse are seeking an uncontested divorce – one where you agree on all major issues like property division, child custody and child support (if you have children). You may qualify to process your divorce without an attorney. If this is the case, you only need to fill out the required divorce papers for Quebec and submit them to your local court.

CompleteCase.com makes the process of filling out Quebec’s divorce papers even simpler online. Our divorce form preparation service helps you find the right documents for your specific needs and fill them out correctly. You’ll be able to move forward with confidence, knowing you have your paperwork in order.

If you and your spouse are having difficulty in reaching decisions on important divorce issues, you may find the services of a divorce mediator helpful. Mediation in Quebec allows you to meet with a professional mediator, someone trained to help divorcing couples to reach terms they can both be satisfied with. Mediation can save you the time and expense of a drawn out court battle. If you’re situation is more complex, you may need to employ the services of a divorce lawyer.

The following information is here to help you understand the basics of divorce in Quebec. The more informed you are, the easier it will be for you to get started on your own divorce.

Quebec Divorce Facts

According to Statistics Canada, in 2008, the divorce rate in Quebec was 17.9 for every 10,000 residents. Quebec's divorce rate places it on the lower end of divorce rates among Canada's provinces and territories.

Quebec requires that you or your spouse live in the province for one year before you can file for divorce.

When seeking a divorce in Quebec, you must demonstrate that there has been a breakdown in the marriage. There are three grounds that the court will consider reason for divorce. The most popular is living apart and separate from your spouse for one full year. You can still reside in the same home if necessary for financial reasons or for your children, but you must live as if you are not married – not sharing finances and not having sexual relations.

You can also demonstrate marriage breakdown by proving adultery or extreme cruelty. If you need to demonstrate either of these to the court, it is best to hire a lawyer.

Quebec Divorce Papers and Forms

When you file for divorce in Quebec, you will need to complete the required divorce papers for Quebec. The forms you complete may vary depending on your circumstances, such as if you have children in the marriage or if you have extensive assets to divide. The most common divorce form is the “Petition for Divorce”, although some people choose to complete a “Joint Petition for Divorce”.

The Justice Quebec website has some forms available online, and you can find a booklet available online as well that describes the divorce process in the province.

In general it is difficult to find an easily accessible source for Quebec divorce forms, which is why many people choose to get their divorce papers on line from CompleteCase.com. At CompleteCase, you can find the exact divorce papers you need for your individual situation. You can also get help in completing those forms. Making mistakes on divorce forms or failing to submit the right forms can lead to serious delays and unnecessary fees in the divorce process.

How to File Divorce Papers in Quebec

When you have completed the required divorce papers for Quebec, you will need to make two additional copies of each form. You will keep one set for yourself, submit one to the court and use the last set to serve your spouse.

You will need to file your divorce forms at the appropriate court. The Justice Quebec website offers a search function to find the right court for your area. Locate the court that you need and call ahead to verify that you are bringing all the documents you need. You can also ask about what the current filing fee is for divorce.

When you submit your documents to the court clerk and pay the fee, you will get further instructions about what to do for your circumstances. In most cases the clerk will tell you to serve copies of the documents to your spouse, unless you have filed jointly.

How to Serve Divorce Papers in Quebec

When you serve divorce papers to your spouse, you are simply delivering copies of the documents so that he or she will know what is happening. Service allows your spouse to respond to the divorce and to dispute it if desired.

You must employ the services of another party to serve the divorce paperwork to your spouse, as Quebec does not allow you to do it yourself. You can ask a friend or relative, someone you trust, to serve the papers, as long as he or she is over 18. You can also hire a private process server, a professional that will deliver the papers to your spouse. There is a fee for using a private process server, but for the fee you get the services of someone who is skilled at service. You can expect the private process server to deliver the documents quickly and to give you an “Affidavit of Service” that states that the papers were served.

When the papers have been served, you will need either your friend or relative, or the private process server, to fill out an Affidavit of Service so you can file the document with the court. When you have filed the affidavit, the divorce proceedings can move forward.If you are seeking an uncontested divorce, the divorce may be finalized within a matter of months. If you need to argue your case with the court, it can take considerably longer.

Do you qualify for an online divorce?

Do you know the location of your spouse?
Is your spouse in agreement regarding this divorce and willing to sign the divorce papers with you?
Do you and your spouse have any children under the age of 18 from this marriage?