divorce question ( related to canada )

topic posted Wed, September 6, 2006 - 5:48 PM by  Richard
Obviously this isn't "for" me... as I'm not married
via a conversation I got a little curious about something

But have gone threw a divorce in the US. I'm familiar with how it works ( in my state anyhow ). I do realize no matter were in the world you are divorce can take years and more in nasty cases. But for an uncontested divorce were I am anyhow it takes about 2 months if things go smoothly by the time you get the judges signature and then the proper amount of required days pass afterwards before it's official. I think it's 30 days here locally "after" the judge decides and signs for that.

Does anyone know if it's similar in most parts of Canada ? I do know there is a one year initial separation requirement in basic "no fault" cases before filing. But the time from filing till it's official is what I am wondering about.
for uncontested that is.

Regards
Richard
posted by:
Richard
Nevada
  • Cat
    Cat
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    Re: divorce question ( related to canada )

    Mon, April 23, 2007 - 4:33 PM
    Divorce in Canada is federal, unless there are children invovled and then provincial legislation comes into play.

    May I suggest the following website: canada.justice.gc.ca/en/ps/p...dex.html

    In Canada, couples are required to be living "separate and apart" for a one-year period prior to filing the divorce documentation with the courts (section 8 of the Divorce Act). Once the documentation has been filed with the courts, the Judge will review the papers (& supporting docs) and render a decision. Once the Judge has granted the divorce, it takes effect on the 31st day after the Judge has put her/his rubber stamp on it.

    The process for a Joint Divorce without kids (and with the assets amicably separated) will take approximately 1 year and 3 mos.

    The whole point of the one-year thing was to see if couples would reconcile, as a matter of fact, the law even states that the Divorce Lawyer has a legal obligation to try to get the couple to reconcile!

    Hope this answers your question!

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