This varies depending on where you are filing your documents, how long the backlog is in that particular court location and the type of application you have submitted. For a Joint Divorce where you and your spouse are in agreement and sign off on the documents together, you will typically receive a divorce judgment within 8 weeks of filing your final documents. The process typically takes much longer if your spouse is not in agreement.
You will need your marriage certificate. You may also need additional documentation pertaining to your income, your children's expenses and your property and debt, depending on the package you select and the province that you live in.
No. We can tell you how much child/spousal support should be paid in your situation based on the Federal Child Support Guidelines and Spousal Support Advisory Guidelines. We can also help you to understand what an equal division of property and debt looks like. However, our lawyers only review your documents to ensure that they will be filed, they do not provide legal advice. If you have legal questions pertaining to your divorce, you should consult a divorce lawyer.
It typically takes 10-15 minutes to complete all the questions. Before you start, try to have your marriage certificate, both you and your spouse's income tax returns from last year, or be familiar with the information contained in those documents.
We cannot calculate child and spousal support if
you do not provide us with you and your spouse's incomes (or income estimates)
for the previous year.
Yes, but there will be more steps involved and it will typically take longer to finalize, particularly if support is requested for a child or yourself, or if you want to divide property.
Yes, provided that the two of you have had a common intention to not live together as spouses for at least 1 year.
You can start your divorce using one of our Lawyer Reviewed or DIY packages but not our Full Service package. You will be able to file your first document to begin the divorce process, but you will not be able to submit your final application for divorce to the court until you've been separated for 1 year.
You will need your official marriage certificate that was issued by the country (or province or state) where you got married.
No problem - you can order another one from the government of the province, state or country where you were married.
If your spouse will not or cannot tell you what they earned last year, you can estimate their income based on past or current information available to you. A reasonably accurate way to estimate income is to lookup the average hourly earnings for your spouse’s occupation from your province’s labour department and multiply that hourly rate by 2000.
No. However, if you are going to use a smaller amount of child support than is calculated, you will need to provide an explanation for why you are doing so.
You can estimate the value of your real estate by looking at what the city valued it at for property tax purposes and looking at comparable real estate listings in your area. If you want a more accurate figure, you can contact a Realtor to provide a Comparative Market Analysis (most will provide one at no charge). Finally, you can request a Real Estate Appraiser to provide you with an Appraisal, although you will have to pay a fee for this.
You need to write a letter to your pension provider requesting a pension valuation for the purposes of pension division on relationship breakdown.
Our software will help you to decide on whether you want to transfer a pension interest and if so, on what terms. However, all pension providers are different, so we do not guarantee that our documents will be sufficient to transfer a pension interest. You may need to have an additional document created based on the terms included in our documents.
You will be able to specify how and when real estate should be transferred or sold, but in order to actually transfer title, you will need to hire a real estate lawyer.
Your divorce is final when you have a Divorce Certificate from the courthouse. The process for getting the Certificate varies from province to province - some mail it out automatically and some require a request. We will provide more details with your documents.
You can get married again once you have a Divorce Certificate.
The courthouse will contact you to let you know that the documents have been rejected, and why. If you purchased a Full Service or Lawyer Reviewed package, we will help you make the necessary changes to get your documents filed, and we will refund the UNDO package price (not including the courthouse filing fees) for the inconvenience.
There are four marital statuses that may apply to you:
Married applies only to persons who are legally married. This includes when you and your spouse are separated involuntarily, such as when spouses live apart for work or school, or if one spouse is incarcerated.
Living Common LawIf you have a partner to whom you are not legally married, then they may be your common law spouse. You should file as “living common law” if:
1. The two of you have been cohabiting for at minimum 12 months in a row;
2. The two of you are parents of a child, by birth or adoption; and
3. Together you have custody and control of your child and your child is dependent on your partner for support.
Partners or spouses are not separated parties for tax purposes until they have been living separate and apart for at least 90 days. If you have separated and not reconciled for a period longer than 90 days, then you should file as separated. Once the 90 days has elapsed, you should contact the CRA to change your status with them. If you have children, they will recalculate your child care benefit, based on your new family net income. You will continue to file as separated until you are divorced or you remarry or enter a new common law relationship as defined above.
You should change your status to divorced at the end of the month in which your divorce comes into effect.
The effective date for being separated on your taxes is the day that you and your spouse/partner started living apart.
Depending on your status, you may be able to claim certain deductions on your taxes. If you have children, your child care benefit will be adjusted based on the net family income of a single person. Only one party may claim the benefit for a single child, so be sure that you and your former spouse/partner have determined who will make the claim.
In addition, if you supported a partner/spouse who made less than $11,809 in the tax year, you may have been able to receive a tax credit that a separated/divorced person would not be able to. If your spouse or partner was disabled, you may have received a caregiver credit which is also no longer available.
Finally, any unused credits that a spouse or partner may have transferred to you are no longer available when your status changes. The amounts that were available for transfer are the age amount (line 301), the pension income amount (line 314), disability amount for self (line 316), tuition amount (line 323), and the caregiver amount for infirm children under 18 years of age (line 367).
No. You must attend at the courthouse in person to file the documents.
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