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What You Need To Know Before a Divorce in Canada

While it may sound sad to say, not all marriages end well, and some simply should be finished so that both parties can move on and find someone who is better suited for them. It doesn’t make sense to keep forcing something that isn’t working, so if you’re in a situation where nothing can seemingly help then you’ve come to the right place. We’ll do our best with this text today to equip you with all the necessary pre-divorce knowledge you will need to make the procedure less headache-inducing and save yourself as much trouble as you can. 


It’s important to note that there are only 3 cases in which you can file for a divorce in Canada. You need to have either lived apart from each other for more than a year, abused or been abused by your partner (either physically or mentally) or the last option is if someone in the relationship has committed adultery, so basically if they cheated on you. The main issue is that in the latter two options you are making somewhat serious allegations about your partner which means that it would only work if you had solid evidence to back your case up, otherwise it would just be your word against theirs.

This is why it’s probably best if you just separate yourself from your partner to start that one-year countdown as it’s far less trouble. Of course, if you do have solid proof that they have abused you and/or committed adultery then that would be much faster, but in many situations, you won’t so the worst-case scenario would be needing to wait that one year out. If that’s the case then it’s best to start it as soon as possible, the earlier you begin, the earlier you can end the whole marriage as you’ve been wanting.

The papers

Divorce is of course a legal procedure which means there is a lot of hassle with needing the right papers, filled out in the right way and sent through the proper channels. It’s quite a mess as is always the case with such things, but of course, you could hire a divorce lawyer to help you smooth things out, if paying their fees isn’t an issue for you.

You’ll need to get the proper application forms and fill out all the necessary info, of course watching out not to make any errors as those can be quite costly in terms of time, these things do not move as fast as you may expect initially. Once filled out you deliver it to the court and after that, you will also need to serve it to your partner, generally within a few months to not risk having your case closed before it is resolved.

Getting your court order

Now that you’ve followed all the required steps, you’ll need to wait. It can take a few weeks, sometimes even a month or two to get your divorce order from the court, but it’s the decision of the court whether the divorce has gone through or has been rejected due to some reason. The most common one is a mistake somewhere along the line in the papers you submitted which is why we recommend double, triple, and quadruple checking them before submitting anything.

If the court has accepted your divorce then that is excellent and you can finally move on with your life without your former partner. If they’ve rejected it due to an error you’ll have to repeat the initial process. If you are unaware of the nature of errors that have led to it being rejected then that would be the proper time to contact a divorce lawyer who can help you fix your documents up in record time.


Getting a divorce in Canada can be a painful process, especially if you’re going the route of being separated for a year. However it’s worth it to be able to continue your life, so we hope that reading through this text has given you newfound knowledge which you can use to get a divorce promptly and without having to repeat the same process because you spelled your address wrong or something similar. Best of luck.

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