What do I need to know about getting a divorce?

A divorce is the legal end of a legal marriage. Only the Supreme Court can grant a divorce.

You must have a divorce if you want to re-marry.

Timing

The Supreme Court will grant your divorce if all of the following conditions are met:

  • You (or your spouse) have lived in this province for a year or more
  • You can demonstrate that your marriage has broken down
  • The court is satisfied that you have made reasonable arrangements for any children, including child support

You can apply to the court for a divorce any time after you separate – the court will not grant a divorce until you have been separated for at least one year.

A divorce is automatically final 31 days after the court grants a divorce order if no appeal has been filed - remarriage can only happen after the 31-day period has passed.

Amicable Divorce

Even if a couple agrees about the divorce, parenting arrangements, support, or property issues, they still need the court to grant a divorce. In these situations, couples can apply jointly for their divorce. Filing jointly eliminates the need to serve the other party and allows the couple to apply for an uncontested or undefended divorce (also called a desk-order divorce) together.

A divorce can still proceed as uncontested or undefended in a sole application if the other spouse does not respond when served with the application.