Divorce Papers To File A Divorce In Quebec

Divorce Papers To File A Divorce In Quebec (Overview)

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Wondering what divorce papers you need to file for a divorce in Quebec?

You want to file for a divorce but you’re not sure what documents you need?

In this article, we will make sure you know what to do. We will go over the divorce requirements in Quebec and if those requirements are satisfied, we will outline the divorce papers you need to file to get a divorce in Quebec.

We have divided this article into the following sections for your ease of navigation:

Let’s get started…

Divorce in Quebec

You’ve reached a point in your relationship that you realize a divorce may be inevitable.

Where do you start?

What do you do?

What divorce papers do you need to file?

Filing for divorce in Quebec is not that complicated.

First, you’ll need to ensure that you meet the criteria to file for a divorce in Quebec.

Then, you’ll need to file the necessary paperwork.

Divorce conditions in Quebec

To be able to file divorce papers in Quebec, you’ll need to satisfy to main conditions:

  1. Residency requirement 
  2. Divorce grounds

Let’s look at each of them.

Residency requirements

The first condition that must be satisfied is your residency.

Article 3 of the Divorce Act states that “a court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.”

This means that you or your spouse must have been living in the Province of Quebec for at least one year at the moment you file your divorce papers.

What is the second requirement? 

Divorce grounds

The second requirement is for you to satisfy the divorce grounds so the Quebec courts can render a divorce judgment.

The Divorce Act states the divorce grounds applicable in Canada and in Quebec.

The law states that a court may grant a divorce when there is a breakdown of the marriage.

There are three ways you can demonstrate that there was a breakdown of the marriage:

  1. the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding
  2. the spouse against whom the divorce proceeding is brought has, since the celebration of the marriage, committed adultery, or
  3. treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.

The simplest ground for divorce is to demonstrate that you have been living separate and apart for at least 1 year prior to the filing of the divorce papers.

The grounds for adultery and physical or mental cruelty will require additional evidence in court, so for the sake of this article, we will assume that you will invoke the simplest divorce ground which of separation for over 12 months.

You’ve met the residency requirement and you have been separate for over 12 months, what divorce papers must you file?

What divorce papers do you need to file

In Quebec, you’ll need to file certain documents and supporting exhibits to be able to get a divorce judgment.

A complete divorce application will require the following:

  1. Divorce application
  2. Settlement agreement
  3. Sworn statement of the parties
  4. Statement under article 444 of the Code of Civil Procedure
  5. Child support determination form if there are children involved
  6. Attestation in respect to birth registration or Form II
  7. Statement of Income and Expenditures or Form III if spousal support is requested
  8. Income taxes for the past year
  9. Notices of assessments for the past year
  10. Proof of income
  11. Marriage certificate
  12. Birth certificate of the parties
  13. Children’s’ birth certificates

Depending on the nature of your case, additional documents and exhibits may be required.

Where to file your divorce papers

Once you’ve gathered all your divorce papers and ensured they respect the requirements of the Divorce Act and the court procedures, you’ll need to file your divorce papers at the courthouse.

To determine which courthouse will have competence to render a divorce judgment for you, you’ll need to make sure that you file your divorce papers before the courthouse in the same judicial district as your address of residence.

You can use Justice Quebec’s judicial search tool to identify the right courthouse for filing your divorce papers.

How to file your divorce papers

Now that you know with which courthouse to file your divorce papers, you’ll need to physically bring your divorce papers to there.

You’ll need to make sure your divorce papers are all signed and you have a sufficient number of certified copies.

At the courthouse, you’ll need to pay the applicable court filing fees to be able to file your divorce papers.

You can look up the applicable court fees and tariffs to file your divorce papers.

Service of divorce papers

If you are unable to file a joint divorce application where you file an amicable divorce, you’ll need to make sure you serve a copy of your divorce papers to the other party.

Service of divorce papers simply means you need to make sure your spouse gets a copy of the divorce documents.

To make sure you have no problem filing your divorce papers in court, you’ll need to make sure your spouse signs the divorce documents and is present at the courthouse when you are filing your paperwork.

If you see yourself having to serve your spouse, you may be in a situation where you are unable to reach a mutual agreement or have all the documents signed by both spouses.

Takeaways

What divorce papers do you need to get a divorce in Quebec?

In this article, we’ve outlined precisely what divorce papers you need and how to file them.

You now know what conditions you need to respect to be authorized to file your divorce papers before the courts in Quebec and you know what documents to file.

Should you need any support and assistance with your divorce papers, our divorce lawyers are here to support you.

You can reach out to our family law firm at any time!

In the meantime, we wish you the best of luck.