divorce

joint divorce

Do you wish to move on with your own life and leave the hassle of a divorce behind you as soon as possible? 

Divorcing is emotionally difficult but we are here to make the process as quick and easy as possible for you. Spouses that both agree on all the consequences of a divorce can request a joint divorce if they have lived separately when the proceedings are filed with the Court. However, note that the divorce order will not be pronounced until the spouses have lived apart for at least one year. A joint divorce does not necessarily imply that there are no disputes or arguments between the spouses but simply means that they were able to reach an agreement on all of the terms of their divorce without going to court. 

A joint application for divorce has the advantage of saving you not only time and money but it will most likely reduce hostility between you and your ex-spouse as the stress of a trial is bypassed. 

You and your spouse must agree on the division of property, child custody, visiting and extended outing rights, and the payment of support and
a compensatory allowance, where applicable.

Who is eligible to file a joint divorce?

In order to file a joint application for divorce, you must meet the following requirements:

  1. One year separation: You are eligible to file for joint divorce any time after your separation from your spouse but your divorce order will be granted only after you have been living separately from your spouse for at least one year. 
  2. Quebec residency: You or your spouse must have been residing in Quebec for at least one consecutive year at the time the divorce is filed.
  3. Agreement with your spouse: You and your spouse have agreed on all consequences relating to your divorce. You both must be aware of the implications of such agreement. If you are not totally certain about your rights and obligations, a legal advisor should be consulted. 
  4. Required documentation: Original marriage certificate and copies of birth certificates for you and your spouse.


Our services and costs

Our firm offers 4 types of services for a joint divorce: 


    1. Do-it-yourself divorce forms and kit (instructions included)
    2. Preparation of all required legal documents for a joint application for divorce
    3. Joint divorce All-inclusive services without consultation
    4. Joint divorce All-inclusive services with in-person consultation


    Option  2: If you choose the above option 2, we prepare all the required divorce documents for you and you will file your completed divorce application yourself (we will give you instructions) 


    Option 3 or 4: If you choose our all-inclusive services, we prepare all the legal procedures and documents required for your application for joint divorce, emit procedures to the Court and register the application with the Central Registry of Divorce Proceedings.


steps for an all-inclusive package

  1. Contact us and mention “joint divorce all-inclusive” with or without consultation. We will email you forms to complete and once completed, you will email it back to us. 
  2. Pay our legal fees and court filing fees. You may send the fees (certified checks or bank drafts) by courier express/registered mail or come to our office. If you choose to have a consultation in person, you may pay the fees during our meeting. 
  3. We prepare the Application for Joint Divorce, affidavits and all documents required. 
  4. You and your spouse must sign the Application for Joint Divorce and swear the required affidavits for divorce. If you live in Montreal, you can come to our office in Montreal to sign the required documents, at no extra costs. If you do not live in Montreal or if it is inconvenient for you to come to our office, you the affidavits to any other commissioner of oaths (lawyer, notary, court clerk, justice of the peace, etc.) at your own expense. Once the required documents are signed, you must send it to our office by courier express/registered mail.
  5. We file the application for divorce to the court for you. 
  6. Judge review the papers and grants the divorce. Divorce order is mailed to our office. 
  7. Divorce certificate: The court does not send the divorce certificate. We will let you know when you can pick it up at the court.


How long does it take

The entire process takes approximately 3 to 6 months from the filing of your application with the court to the divorce order.


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