Questions & Answers

Simple Divorce Procedure

Hello,
I am currently initiating a divorce and will be doing it through the Court system. I spoke to my ex-spouse regarding this and my intention for a simple divorce with no lawyers and she verbally obliged. Perhaps i’m naive in my thinking but that’s how i will be approaching it.Since we live in different provinces (me in Ontario and ex in BC) will there be differences in family law between the provinces or does the Province in which the DIvorce application is started take precedence. Any information would be most helpful.

— sean n.

Answer

The "divorce" is governed by federal law so is the same throughout Canada. The divorce part just allows you to get remarried. It does not mean you have all of the other potential issues resolved. Those issues could be custody, access, child support, spousal support and division of property. Although legislation is similar there are some differences in how these issues are dealt with in each province. You would be wise to have a consultation with a lawyer just to ensure you cover your bases. You don't have to retain the lawyer if you want to do it yourself but a consultation would give you some peace of mind.

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