Divorce in Saskatchewan

If you have come to the decision to get a divorce, you have likely already gone through your fair share of challenges. Now that you have reached this point, you want to find a way to move forward with your divorce with as little difficulty as possible. Fortunately, Saskatchewan makes divorce a relatively straightforward process, particularly if you are seeking an uncontested divorce, one where you and your spouse agree on all important matters like property division and child custody. If you qualify for an uncontested divorce, you merely need to fill out the required divorce papers for Saskatchewan and submit them to your local court to begin. CompleteCase.com makes the process even easier by providing the appropriate Saskatchewan divorce papers online so that you get exactly the documents you need for your circumstances – saving you time and uncertainty.

If you and your spouse are not able to reach agreements on divorce related matters, you may find the services of a divorce mediator beneficial. Mediation in Saskatchewan allows you to meet with a professional who is trained to help divorcing couples come to terms they can both be happy with.

The following information is here to help you understand the basics of the divorce process in Saskatchewan. Equipped with accurate information and the right forms, you can begin your divorce process as soon as you are ready to do so.

Saskatchewan Divorce Facts

In 2008, according to Statistics Canada, the divorce rate in Saskatchewan was 18.3 for every 10,000 residents. This figure places Saskatchewan on the lower half of divorce rates in Canada. You are not required to have Canadian citizenship, but Saskatchewan requires that either you or your spouse be a resident for at least one year before you can file for divorce.

Like all Canadian provinces and territories, Saskatchewan requires that the marriage be broken for you to seek divorce. You can demonstrate marriage breakdown in three ways – adultery, extreme cruelty, or the most common ground, separation for a period of a year. Your separation from your spouse can occur while you are living together for financial or other reasons.

Saskatchewan Divorce Papers and Forms

The specific divorce papers you complete and submit to the court may vary somewhat depending on your situation, such as if you and your spouse have minor children or not. The Family Law Information Centre offers several self-help kits that include the divorce forms you need to file, including the “Sole Petitioner Uncontested Divorce Kit”. Unfortunately, these kits are not available online. You have to call and request that they be mailed to you.

The difficulty in finding online divorce documents for Saskatchewan leads many people to seek out Saskatchewan’s divorce papers from CompleteCase.com. With our online service you have the added benefit of knowing that you are getting exactly the forms you need for your specific situation. We also help you ensure that your forms are filled out correctly from the beginning. Incorrect forms or incorrectly completed forms can lead to significant delays in the divorce process.

How to File Divorce Papers in Saskatchewan

When you have completed your divorce forms, online or otherwise, you will need to make at least two copies of each form. You will want one set of documents to file with the court, one to keep for your records and one to serve to your spouse.

In Saskatchewan the divorce is granted by the Court of the Queen's Bench. You will need to determine which location is closest to where you live and take your papers there to file. You will need to pay a fee to file your papers. To find out the fee at the time of your filing, you can either check the court website or call the court before you leave to submit your documents.

When you take your papers and submit them to the court clerk, he or she will give your further instructions about your divorce process. What will happen next depends on a number of factors, including whether you have children with your spouse or not, and whether your divorce is uncontested. If your divorce is contested – meaning you and your spouse are unable to agree on things like property division or child issues – you can expect to have a hearing where you each present your side to the court. If this is your situation, seeking professional legal guidance is recommended.

How to Serve Divorce Papers in Saskatchewan

Unless you filed divorce papers jointly with your spouse, you will need to serve him or her copies of the divorce documents. To “serve” papers simply means to deliver copies of court related documents so the other party has a chance to respond.You have a few options when it comes to serving divorce papers. While you are not allowed to deliver the papers personally, you can ask a friend or relative to serve the papers. The individual needs to be over 18 years of age and cannot be involved in the divorce. Just make sure you trust the individual to do his or her duty, as serving the papers is the only way to move the divorce forward. You can also hire a private process server. A private process server will cost a little money, but you get the benefit of using a professional.

Whichever method of service you choose, when the papers have been delivered you will need the individual that delivered them to complete an “Affidavit of Service”, which states that the papers were delivered to your spouse. You need to file the affidavit with the court to complete your filing.

If you are seeking an uncontested divorce, things should move fairly quickly. It may take as little as three or four months – or even less – before the divorce is finalized. However, if you need to argue your case with the court over issues like property division, child support or child custody, you can expect the divorce to take quite a bit longer.