UNCONTESTED DIVORCE (DIVORCE BY AGREEMENT) IN QUÉBEC
How to get an uncontested divorce in Québec? The following is some relevant information about the process and required material.
1) Where to apply?
In Québec, all divorce applications must be filed in the Superior Court of Québec. If the divorce application with supplementary material is complete, in most cases, neither parties will need to go to court or see a judge.
2) What are the conditions?
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Both parties must agree on all the terms of the divorce, including child custody, visitation and support, family property division, etc.
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There can be no dispute in the divorce application documents. For example, the two parties must agree on the date of separation.
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The two parties must have been separated for at least one year. If you have been separated for less than one year but still want to go through with the divorce, you can contact us for assistance.
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Before submitting an application for divorce by agreement, one of the two parties must have lived in Québec for at least one year.
3) What are the required documents?
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Driver’s license or photo ID of both parties.
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The original marriage certificate. If you were married outside of Canada, you have to provide an English or French translation.
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The birth certificate of both parties and their children’s (if applicable). Anyone born outside of Canada must provide an English or French translation of their certificate.
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If you have children, a child support determination form and both parents’ most recent Federal/Québec tax returns are required.
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Divorce Application and Consent Agreement signed by both parties.
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Affidavits.
4) How long does it take?
If the divorce application and its supplementary material are complete, you should expect to receive the divorce judgement from the court within 3-4 months after submission. If the application is incomplete (e.g. the terms of the divorce agreement are incomplete, unclear or missing material), the court will request supplementary material or may require the applicants to appear in court for explanation. The additional delay will generally range from 2 to 6 months.
5) How much does it cost?
The court fee for an uncontested divorce is about $120.
If the applicant intends to apply on their own, in addition to the court fee, there will be extra costs such as fees for document notarization, preparation of child support determination form, application submission, etc. (ranging in hundreds of dollars)
If the applicant appoints a lawyer to handle the case, the lawyer's fee will generally start from $1000 plus tax.
Entrusting a professional lawyer with your divorce application will ensure the terms reached by both parties are fully and accurately reflected in the divorce agreement. This will protect the interests of both parties, and guarantee the timely and efficient completion of your divorce, saving precious time and energy.
If you hire our law firm to process your uncontested divorce, we will take care of everything once you provide us with the required material listed above. You do not need to go to court in person, and the divorce judgment will be directly mailed to you at the end of the process.
Our law firm has successfully processed hundreds of divorce cases. We are here to help you through these difficult times. Please do not hesitate to contact us if you require any assistance.