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Divorce isn’t as easy as saying, “It’s over.” It requires a specific process to end your marriage legally. This process can look different for every couple, especially when both spouses don’t agree on the outstanding issues.
Our step-by-step guide will help you prepare by laying out the basic steps so you know what to expect before speaking with a Halifax family lawyer.
The first step in filing for divorce is making sure you can file in Nova Scotia. Either you or your spouse must have habitually been a resident of Nova Scotia for at least one year immediately before the start of the divorce proceedings.
You also need proper grounds for filing. Marriage breakdown can be established under Canada’s Divorce Act by the following:
If you’re relying on a one-year separation, you don’t necessarily have to wait until the full year has passed to initiate divorce proceedings. However, a divorce cannot be granted on those grounds until that full one-year period has passed.
Nova Scotia has different ways to start the divorce process, depending on the circumstances. Because of this, you will need to identify whether you and your spouse have any disputed issues that must be determined.
If the divorce is uncontested, you can fill out Nova Scotia’s Joint Application for Divorce or an Application for Divorce Based on a Written Agreement. If there are issues that cannot be resolved, the contested process begins with a Petition for Divorce.
Issues that might still need to be resolved and require assistance from a Halifax family lawyer include parenting, child support, spousal support, and property.
Once you know which process applies to your divorce, you will need to prepare the appropriate paperwork and file it with the court. For instance, Nova Scotia currently has different initiating forms for:
This starting document may not be the only paperwork you will need to file. Depending on the circumstances, you may need to file additional documentation. Nova Scotia’s Family Division materials include supporting documents on parenting arrangements, income, and property.
Divorce paperwork is not one-size-fits-all because the information the court needs depends on the issues involved. Under Nova Scotia’s current Civil Procedure Rules, a marriage certificate must be attached when a divorce proceeding is started. If it cannot be provided initially, it can be filed later. However, if the certificate cannot be obtained, the person filing for divorce must prove the marriage in another way as directed by the judge.
Once the appropriate documents have been completed, they’re filed with the court to begin or move forward with the divorce proceeding, depending on the route being used.
Filing for divorce doesn’t magically solve all the issues that led up to this point. If issues around parenting, support, property, and more remain unresolved, you and your spouse must address them.
The word contested doesn’t always mean that a divorce will go to a trial. Even after the contested process begins, you and your spouse can continue to work toward an agreement through negotiation, lawyers, mediation, or settlement processes. If you can’t meet on common ground and resolve everything, the outstanding issues may ultimately have to be decided at trial.
Once you’ve filed the necessary documents and resolved the relevant issues, or they’re ready for the court to decide, the case moves toward a divorce order. However, the final stage looks different for contested and uncontested divorces.
In an uncontested divorce, spouses may not need to appear before a judge. Under the Nova Scotia Civil Procedure Rules, the judge determines whether a hearing is necessary based on the available information.
If the issues remain contested, much more can happen before the case reaches trial. A contested divorce can involve additional court procedures as the parties work to resolve disputed issues. If they still can’t resolve them, a judge may ultimately need to decide those issues.
Once the judge is satisfied that all legal requirements for divorce have been met, the court can issue a Divorce Order. The divorce may not be effective on the day it is granted. Under the federal Divorce Act, a divorce generally takes effect on the 31st day after the judgment granting the divorce, unless the court orders that it take effect earlier because of special circumstances.
Once the divorce takes effect, the court will issue a Certificate of Divorce as official proof upon request. Nova Scotia’s current court forms include a specific Certificate of Divorce form.
Divorce may seem straightforward when you first think about it, but it can quickly become a complex process, especially when parenting, property, and disagreements between you and your spouse are involved. A family lawyer can help you understand which process applies, prepare the required documents, negotiate unresolved issues, and represent you during court proceedings when necessary. Contact The Riley Firm to discuss your situation.
To file for divorce in Nova Scotia, you have to establish that either you or your spouse was a habitual resident of the province for at least one year immediately before divorce proceedings begin. Then, you have to establish a breakdown of the marriage under the Divorce Act, which includes adultery, physical or mental cruelty as specified by the Act, or living separate and apart for at least one year. If you are using separation as the grounds, you can file before the year is up, but the divorce cannot be granted before one year has passed.
You will need to confirm your eligibility to file in Nova Scotia and determine whether your divorce is contested or uncontested. From there, prepare and file the appropriate documents and address all outstanding parenting, support, and property issues. The court will review and grant the divorce if everything is in order. Once the court grants the divorce, it generally becomes effective on the 31st day after the judgment.
There is no universal timeline for divorce. Every situation is different. What matters is whether the divorce is contested or uncontested, whether the paperwork is correctly filed, and whether issues must be resolved.
You are not necessarily required to hire a lawyer for your divorce. However, divorce and family-law proceedings can be complex. Legal advice is especially valuable when parenting, support, property, or other issues are disputed.
The Riley Divorce & Family Law Firm
