The decision to get divorced is not usually an easy one to make, even if it is necessary. But now that you have gotten to this point, you want to find the simplest way possible to end the marriage. Fortunately, the Yukon Territory makes filing for divorce fairly straightforward, especially if you are seeking an uncontested divorce, one where you and your spouse agree on all aspects of the divorce, such as property division and child custody. If you qualify for an uncontested divorce, you only need to fill out the required divorce papers for the Yukon and file it with the court to begin the process. To make things even simpler, you can get your Yukon Territory divorce papers online from CompleteCase.com.
If you and your spouse are having difficulty reaching agreements on important divorce-related issues like child custody or property division, you may find the services of a divorce mediator useful. Mediation in Yukon Territory lets you work with a professional trained to work with couples to reach challenging decisions. Mediation can save you both money and time, especially if you are expecting a drawn out court dispute.
The following information will help you understand the basics of the divorce application process in the Yukon Territory. With the right information and the correct forms, you can get started on your divorce as soon as you are ready to do so.
According to Statistics Canada, the 2008 divorce rate in the Yukon Territory was 32.6 for every 10,000 residents. The divorce rate in the Yukon Territory is higher than any other Canadian province or territory.
The Yukon Territory requires that you or your spouse be a resident of the territory for at least one year before you can file for divorce.
Like all Canadian provinces and territories, the Yukon Territory is governed by the Divorce Act. The Divorce Act states that the only reason a court will grant a divorce is due to marriage breakdown. You can prove the breakdown of a marriage in three ways. You and your spouse can live separate and apart for a period of a year (if necessary you can remain in the same home, but you cannot act as a married couple for the full year). You can also prove marriage breakdown based on adultery or extreme cruelty.
The specific divorce papers you complete can vary based on your circumstances. The main form is the “Statement of Claim (Family Law) – Form 91”. You may fill out different forms if you and your spouse are filing jointly versus if you are filing alone. You may also fill out different forms if you are divorcing with minor children. Because the forms can vary, it is always advisable to do some research into the divorce process and requirements in your province or territory. The Yukon Department of Justice provides a helpful “Guide to Family Law” that explains divorce in the territory. You can also find information about divorce and family law issues on the Government of Yukon website. The same website also has a page that contains a guide to the divorce application in the Yukon Territory.
If you find the different options for divorce forms and the various requirements a little intimidating, you are not alone. When you submit the wrong documents, fail to submit all documents, or submit documents that are filled out incorrectly, you run the risk of delaying your divorce. You want to do it all right from the beginning. CompleteCase.com helps you avoid any uncertainties as our service provides the required divorce papers for your situation and ensures that they are filled out correctly. This can give you peace of mind and allow you to move forward confidently with the application process.
When you have completed all the right divorce forms, you should make at least two additional copies of each form. You will file the originals with the court, while keeping one set of copies for yourself and using the last set to serve to your spouse. You will also need to pay an application fee to file your paperwork, a fee which is subject to change. You can check fees on the Yukon Courts website, or just call ahead and ask before you go to file.
The main office to file your divorce is located in Whitehorse. You may also file by mail. Before you file by mail it is advisable to call the Supreme Court Registry or Family Law Information Centre to verify that you are doing everything correctly.
After you have filed you can ask the court clerk about what comes next in your application process. Although the clerk cannot provide legal advice, he or she can tell you what to do next to complete your application. For most people, the next step is to serve their spouse.
Unless you filed jointly with your spouse, you will need to serve him or her copies of the divorce papers. “Serving” simple means delivering copies of the documents to the person so he or she has an opportunity to respond.
You cannot serve the papers yourself, so you will need to find someone else to do it that is over 18. You can ask a friend or family member, or you may be able to ask the sheriff's office. You can also hire a private process server. The sheriff and the private process server will charge a fee.
When the papers have been delivered, you will need to get the individual who delivered them to complete an “Affidavit of Service”. This form shows that the papers were served. You then file the affidavit with the court to complete the application.