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How to Get a Divorce in Montreal?

The unfortunate truth is that the majority of marriages these days will likely end in divorce. There are myriad reasons why but one of the major causes of divorce is arguments or disagreements about money.  Regardless of your reasons, though, if it seems that your marriage may be headed in that direction, a qualified Jean-Faustin Badimboli Montreal attorney would advise that these are the steps to getting a divorce in Montreal:


STEP 1:  Make the Right Choice

Take the time to actually weigh the pros and cons of getting a divorce.  Many people first think about a divorce in a moment of passion or hurt and that can be overwhelming. However, a decision like this is life changing for everyone involved so make sure the decision is not a hasty one.

STEP 2: Get an Application

Yet more common sense, but if you want to get a legal divorce you will need to fill out an application with the court.  Every province in Canada has its own set of forms for various legal matters. Of course, you will want to get the forms associated with your district. You do not, however, have to visit the court house to do this. Instead, you can get these forms from a family law center or even a book store.

STEP 3: Establish Your Grounds

In Canada, there are two classifications for divorce: fault and no-fault.  In a “fault” divorce, one party files a claim to report adultery or cruelty/abuse, in violation of the marriage agreement.  They must prove their claims, and if successful can also sue for damages.  It is always advised to get a lawyer for a “fault” divorce.

In a “no-fault” divorce, though, both parties basically agree to the terms. The court requires, however, a trial separation for a period of one year so both parties have time to reflect and approach the matter rationally.

STEP 4: Certify your Contesting Status

Along with classifying whether your divorce is “fault” or “no-fault” you will also need to clarify with the court whether or not the divorce is contested. In a contested divorce, the two parties do not agree to the reason for the divorce, nor do they agree on the consequences of it; which means they will both need to file separate applications to describe their desired terms. In an uncontentested divorce, both parties agree to the terms and will fill out the same application. These matters may also include things like property and children.

STEP 5: Submit the application and pay the fees for your region, then you must wait to receive a Divorce Registry clearance, after which you will have 30 days to respond if you want to make changes

STEP 6: Once no more changes are needed, you must wait for the court to give notice of the granting of the application

STEP 7: Obtain your divorce certificate of divorce.

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