Frequently Asked Questions

An uncontested divorce happens when the parties have reached an agreement about the corollary issues in divorce which include support, alimony, division of debt and division of property.

The terms of this agreement will be contained in a divorce settlement which the spouses will file in Court.

If the terms of this divorce settlement agreement would be determined by the judge as fair then the judge will approve the same and issue your final divorce decree as the case may be.

Legal Separation is a proceeding similar to divorce where the spouses submits a petition in Court to allow them to live separate and apart from each other and ending their marital obligations.

However, in legal separation, the spouses are technically still married. They cannot remarry.

A Court order granting legal separation includes orders about child custody, alimony (spousal support) and property division as the case may be.

Some considerations for spouses to choose legal separation include their religious belief or the desire to give each other space while having a legal framework to enforce obligations of support.

Since legal separation does not end the marriage, the door toward reconciliation is still open for the spouses. What legal separation does is to formalize their agreement about their obligations while they live separate and apart from each other

No, there must be a court order in order for a legal separation decree to be valid.

The judgement of separation would not only contain an order for your separation but there will also be provisions on your division of property and schedule of support for the children and to each other, as the case may be.

You and the other parent should reassure your children that your separation is not their fault, they are still your priority and that both of you will not love them any less.

It is important that you show your children that you can handle the divorce process maturely and with respect. Do not fight in front of them especially about your issues which led to the divorce.

Always remember that ending your marriage does not mean ending your relationship with your children as well. You must commit yourself more than ever to be present and be more involved in your children’s lives especially when the divorce is granted.

Reassure the children that they can still see and talk to both their parents if they need or want to

Only a final divorce decree will sever your legal relationship as spouses. Until then you are still married.

Your spouse’s act or marrying someone else while still legally married to you may constitute a felony called Bigamy

Stay calm. If you and your spouse are not on speaking terms, it would be best to seek the help of a lawyer who will represent you throughout the process.

Do not sign anything until you are represented and have been informed by the lawyer about the details of the petition filed by your spouse.

Non-mutual divorce filings tend to be more emotional and stressful especially for the spouse who was caught off guard by the filing of divorce.

Find the courage and inner strength to know your rights and fight for them.

Always hope for the best that you and your spouse can work through your marital problems but divorce could be an overwhelming process so it is better to silently prepare for it if it feels inevitable.

Do not rely on spousal support. Focus on your career which would be your primary source of income should the divorce push through. Allocate some time for career advancement and learning new skills which can improve your credentials. Note that any expense in this area prior to divorce will be considered as joint money which cannot be deducted from the settlement. 

As early as now – but without giving up on your marriage – think about any future goals for yourself and for your children. Having these in mind will prevent you from drowning into the emotional exhaustion that divorce brings. These positive goals will hopefully serve as silver linings to this arduous process of separation.

The federal law that applies in Canada is The Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.)

The Divorce Act addresses child support, spousal support, and parenting arrangements for Children in divorce cases.