We know how devastating a situation is when someone needs to go through a relationship problem. And in this difficult time, taking all the legal preparation is quite overwhelming.
If a couple mutually agrees to the divorce and its term, they can go for a divorce in Canada. But if you think about whether you can get an online divorce, the answer is YES. It saves a lot of time as well as money.
So what is online divorce, and how to do that? Let’s have a look at the details.
What is an Online Divorce?
First, let us tell what online divorce is. It’s a way to prepare the necessary documents to file a divorce without the help of a lawyer. Couples usually use this method for no-fault, uncontested divorces when they don’t legally object to divorce.
When you want to get a divorce online, you can create your divorce papers with the help of online divorce services. However, you still need to file the divorce papers by going through the physical and typical legal process to finalize the decision.
When Can You File Divorce Online?
Certain conditions let you file for divorce online. It will be only possible if you find yourself in any of the following situations.
No-fault divorce refers to a situation where none of the spouses blame each other for the divorce. If the reason for your marriage ending is irreconcilable differences, you can go for this type of divorce.
But it’s vital to have a mutual understanding of both parties. Otherwise, it will count as a fault divorce. Fault divorce occurs when one partner thinks the other one is abusive or unfaithful, which is why their relationship fails.
You can’t file divorce papers online if it’s a fault divorce.
When a couple gets divorced, they usually share their assets and responsibilities. And lawyers play a crucial role in this case to ensure fair play. This type of situation is called an uncontested divorce. In this case, you can submit divorce papers online. Uncontested divorce often doesn’t need to go to trial too.
On the other hand, contested divorce happens when couples can’t agree on the terms of their divorce. They need legal support to settle down the terms. As these things are quite complicated, each spouse may need to hire a lawyer to get legal support.
Because of this complexity, filing these divorces cannot be done online. The responsible parties have to go through a hearing in court and negotiate their demand.
Is Online Divorce Acceptable in Canada?
As you see, online divorce is suitable in some circumstances, and it is also accepted by Canadian law. When a married couple mutually agrees about their breakup, they can go on this path to finish the overall process in a short time. Couples often agree to online divorce to avoid the expense of a lawsuit.
Canada’s law allows you to set your own term in online divorce instead of the court-decided term. Still, you may need to submit the necessary papers for the final ruling to a court.
Will the Absence of a Lawyer Create Any Legal Issue?
Actually, it’s not legally essential to hire a lawyer to file a divorce in court. So, you won’t face any legal issues in the future if you don’t contact one.
As the entire online divorce process will only be possible when you ad your spouse both agree on all the terms, there is no need to spend a fortune.
However, if you can’t fully trust your partner or have issues with child custody or other significant topics, you should seek help from an experienced lawyer.
What Information You Have to Give for Online Divorce
You have to answer some questions to complete the online divorce. Prepare yourself for the following questions when you want to start.
- Date of your marriage
- The name of the city you have married
- Number of children you have with your spouse
- Who will make the application
- Information about total properties like real estate, vehicles, and furniture and plan to divide them
- Source of income
- Information about debts (if any) such as credit cards, mortgages, personal loans
Determining the Petitioner
The petitioner is the party who prepares the divorce paper. Spouses can prepare the papers together or alone. But if you create the documents alone, you have to give them to the other party for approval.
How to Create Online Divorce Documents?
The process of online divorce is quite simple. You can do the following to do that.
- First, check if your state allows creating divorce papers online or not.
- If they allow, fill out the questionnaire with appropriate data.
- Submit the answers to generate your divorce forms.
- File the divorce papers at the court and start the legal procedure.
Remember that an online divorce service can’t complete the whole process without involving the court. Instead, they provide you with the required documentation to start the legal process. You still need to go through the manual method to finalize the divorce in your province.
Steps to Complete Divorce Process in Canada
Now you know all the core information about online divorce in Canada. But before finishing the article, let us share the general steps of the divorce process in Canada that involves online divorce papers.
Step 1: Decide on marital relationship breakdown and separate yourself from your spouse.
Step 2: Obtain an online divorce application and fill it up accordingly. As mentioned earlier, you can only use an online platform when it’s a no-fault and uncontested divorce.
Step 3: Outline your agreement about child custody (if you have any) or other vital issues.
Step 4: Apply at the courthouse in your province or territory. You have to pay additional fees for this application and maintain some formalities.
Step 5: Wait for the clearance from the divorce registry in your area. In the meantime, the divorce paper will be sent to the spouses, and they will have 30 days to give their response.
Step 6: After 30 days, if the court doesn’t get any objection from your spouse, you can settle down the process by submitting your divorce order, affidavit for divorce, and clerk’s certificate.
Step 7: A judge will go through all the materials and issue you a divorce order if they are satisfied.
Step 8: You have to wait a minimum of 30 days to get the certificate. And after that, you will be legally declared divorced and entitled to remarry.
That’s all about online divorce in Canada. Hopefully, you don’t have any more confusion regarding this. Online divorce is a good option if you want to finish the tiring divorce process quickly.
And although you don’t need a lawyer to complete this process, you should contact one if you face any kind of problem.