Online Divorce

What is an Online Divorce?

An Online Divorce is an easy and affordable way for spouses to prepare the necessary documents to end their marriage without lawyers. Couples typically use them for no-fault, uncontested divorces, wherein both parties agree to the terms of the divorce and neither legally blames the other for the divorce.

Online Divorce services, like Divorce.com, help you create your divorce papers by directing you through questionnaires. Divorce papers are then drafted using your answers to the questions.

The couple still needs to go through the proper legal process and file their divorce papers with a court to finalize the divorce. Once a court approves the documents, a divorce permanently terminates a marriage.

Are Online Divorces legal? Should I use one?

Creating Online Divorce documents is legal in Canada. An Online Divorce may be right for you if you and your spouse both agree to the divorce and its terms. It's a financially efficient option for couples hoping to finalize their divorce quickly.

Online Divorces are becoming increasingly more common because they provide couples the option of avoiding extensive lawyer fees. They can also be completed conveniently and confidentially.

You can use an Online Divorce to set your own terms, as long as both parties agree to them, rather than having a court decide the terms for you. However, you must still submit your forms and other required divorce papers to a court for a final ruling.

Do I need a lawyer to get a divorce?

You aren't legally required to hire a lawyer and may not need one if you and your spouse agree on the terms of your divorce.

However, hiring a lawyer can be beneficial if you and your spouse disagree on the division of your assets and responsibilities, child custody, or any other significant topics.

What is an uncontested divorce?

An uncontested divorce is when spouses agree to a divorce’s terms and don’t require court legal assistance dividing their shared assets and responsibilities.

Couples going through an uncontested divorce can use an Online Divorce and submit their documents to a court for approval. Uncontested divorces often don’t need to go to trial.

A contested divorce is when a married couple can’t agree to the terms of their divorce and needs legal and court assistance. As such, contested divorces cannot be completed online. The couple will often experience expensive settlement negotiations and divorce hearings in court. Each spouse may hire a divorce lawyer or family lawyer for individual legal services. If they can’t come to an agreement, they can also choose collaborative divorce or divorce mediation.

What is a no-fault divorce?

No-fault divorce is when neither spouse is to blame for the marriage ending. Most couples who choose this type of divorce claim "irreconcilable differences'' as the reason. The parties can pursue no-fault divorces online if they agree to the terms of their divorce without legal assistance.

Fault divorce occurs when one spouse believes the other was at fault for their marriage's breakdown. For example, the court may consider one partner to blame for the end of the relationship if they were abusive or unfaithful. Typically, you can't complete fault divorces online.

What information do I need to complete an Online Divorce?

To ensure completing an online divorce questionnaire goes smoothly, gather the necessary information before getting started, including:

• Date and city where you were married
• The number of children you and your spouse have
• List of property owned (e.g., real estate, vehicles, furniture)
• List of debts (e.g., credit cards, mortgages, personal loans)
• Which spouse will be the petitioner (the spouse filing divorce papers with the court)
• Plan for dividing property
• Sources of income, etc.

Who should prepare the divorce papers?

The spouse preparing the divorce papers is called a petitioner. It doesn't matter which spouse prepares the divorce papers. Spouses can prepare an Online Divorce together, or one party can prepare the documents and give them to the other party for approval.

How do I create Online Divorce documents?

With Divorce.com, the Online Divorce process is simple:

1. Check if you qualify to obtain your divorce papers online in your province.
2. If you qualify, fill out the online questionnaire with the appropriate information.
3. Once the questionnaire is complete, submit your answers for processing to generate your divorce forms.
4. File your divorce papers at your courthouse and meet service requirements on the other person as your province requires.

Can you file for divorce online in Canada?

Online Divorce services can't independently result in a legal divorce. Instead, Online Divorce services give you the documents you require to begin the divorce process.

You will still have to manually file your divorce papers in your province.

Where do I file divorce papers in my province or territory?

Each province and territory has its own set of rules for filing for divorce. Divorce.com currently has Online Divorce templates for:

• Alberta
• British Columbia
• Manitoba
• New Brunswick
• Ontario

Before you file with the appropriate court, it's recommended that you make at least two copies of your divorce papers—one for you and one to file with the court. If you and your spouse aren't filing together, make a third copy to serve to them.

Also, verify the fee for filing before you go to the courthouse because the price can change.

Divorce papers are filed with the Court of Queen’s Bench in Alberta. You can use this map to help you determine the closest court location to you.

The filing fee is currently $260.

The Supreme Court of British Columbia grants divorces. Going straight to this court is ideal if it's an uncontested divorce. If there are terms that you and your spouse need to decide in court, such as child support or child custody, it's less expensive to sort these matters out in Provincial court rather than the Supreme Court.

In total, you should expect the filing process to cost approximately $120 to $290. It costs $30 to open a family law case with the Supreme Court if you file a Separation Agreement first and $200 if you don't. There's also a $10 fee to file the Registration of Divorce Proceedings and $80 to make the final application. There is an additional $40 fee if you need an Affidavit sworn.

File your divorce papers with the Court of Queen's Bench. Filing currently costs $150.

File a petition with the Deputy Registrar of the Court of Queen’s Bench. After the Deputy Registrar returns your petition to you, you can serve your spouse with divorce papers. If this is an uncontested divorce, you can skip this step and go straight to preparing your Trial Record.

A Trial Record is a package of documents containing everything a judge needs to grant your divorce. Deliver the Trial Record in person or by mail to the Court of Queen’s Bench, Family Division in your judicial district.

Have a certified cheque or money order for $110 to cover the filing fee ($100) and Clearance Certificate ($10).

File your divorce papers with the Supreme Court of Newfoundland and Labrador. You'll need to pay a provincial fee when filing. The costs you'll pay depend on the services you require. The Supreme Court's website has a list of expenses that may apply to you.

File a Petition for Divorce with a court registry and then serve to the other spouse. They have 25 days to respond or counter-petition.

If this is an uncontested divorce, you can skip serving the petition and move straight to creating and filing an affidavit with the court. Your affidavit should outline the facts of your marriage, separation, children of the marriage, and other relevant facts.

In Nova Scotia, you can file your documents at a local courthouse.

If you’re filing for a contested divorce, you’ll need a Petition for Divorce ($320.30). If it’s an uncontested divorce, you’ll need a Joint Application for Divorce ($218.05).

File a petition for divorce with the clerk if it’s a contested divorce and then serve the other spouse. You’ll need to file a joint petition if it’s uncontested.

After the petition is approved, you can create and file an affidavit that a judge will review and decide if grounds for divorce exist.

In Ontario, you file divorce papers at a local courthouse. There are no fees for filing with the Ontario Court of Justice. However, there might be fees if you file with the Superior Court of Justice, depending on the documents you’re filing. A court clerk will inform you of any fees.

File your divorce papers with the Supreme Court of Prince Edwards Island. A petition for divorce costs $100.

File your divorce application with the Superior Court of Quebec. You can file the application at a courthouse in your judicial district. You can find the location of your local courthouse by searching your city or town’s name on the Justice Quebec website.

If you and your spouse no longer live in the same area, the application can be filed in either your district or your spouse’s.

An application for divorce will cost $106.

File with the Court of Queen’s Bench in Saskatchewan. Filing a petition for divorce will cost $300.

File your divorce papers with the Supreme Court. The main office is located in Whitehorse. You can file your documents by mail or in person.

The fees can be found on the Yukon Courts website, or call the courthouse and ask before you go to file.