Divorce is a significant life event, both emotionally and legally. If you are preparing to dissolve your marriage, and either you or your spouse has been domiciled in Quebec for at least one year, here is a comprehensive overview of the steps you need to take to file for divorce in Quebec.
1. Understanding Grounds for Divorce and Jurisdiction
Under the Divorce Act, the only ground for divorce is the breakdown of the marriage, which must be included in your divorce application (see section 4). This can occur for one of the following reasons:
- You and your spouse have been living separate and apart for at least one year;
- Adultery;
- Physical or mental cruelty.
In Quebec, you apply to the Superior Court of Quebec in the judicial district where you or your spouse habitually reside. For instance, if you reside in Laval, you would file for divorce in the judicial district of Laval. There is a Superior Court of Quebec located in each judicial district of Quebec.
2. Decide Whether You’ll be Represented by a Lawyer
You may choose to represent yourself, however, it is important to note that the rules, forms and procedural steps are technical and must be respected. It is strongly recommended to mandate a lawyer who can guide you through the process and represent your best interests in your divorce.
3. Gather Necessary Documents
Before filing, you will need to assemble certain key documents, including but not limited to the following list:
- Your marriage certificate (and certified copy of your marriage contract if applicable);
- Birth certificates for both spouses and for all children of the marriage;
- Certified copy of prior legal separation judgment or divorce (if applicable);
- If you were married outside Quebec/or non-French language documents: official translations;
- Financial documents: If you are making claims for spousal support or child support, or there’s asset division, you will need relevant financial disclosures (tax returns, pay stubs, notarial deeds, account statements, property valuations, etc.).
- Any youth protection orders, criminal matters, or other court orders you’re subject to, the court must be informed.
4. Draft and File the Divorce Application
If you and your spouse amicably agree on all major issues, such as child support, parenting time, asset division, and spousal support, you may file a joint application for divorce by consent. This means both spouses have settled all aspects of the divorce and have signed an agreement, known as a “Consent to Judgment on Accessory Measures.” This agreement outlines the terms of your settlement and will ultimately form part of your final divorce judgment.
If, however, you and your spouse do not agree on all issues, you must proceed individually by filing an originating application for divorce. Once your application is carefully drafted, you must:
- Open a court file in the appropriate judicial district;
- Serve the other spouse personally (“en mains propres”) through a bailiff (see section 5);
- File the application and all accompanying documents in the court record;
- Pay the applicable court filing and bailiff fees.
A court clerk or bailiff can open a court file and issue a court file number.
Your divorce application may also include interim or urgent requests that require immediate attention from the Court. These requests typically involve matters such as child support, parenting time, spousal support, or provision for costs.
If you are making urgent requests, your application must contain a section titled “Urgency” explaining why these matters must be addressed without delay. You must also attach a “Notice of Presentation”, which specifies the date and time when your urgent requests will be heard before a judge. This hearing date is generally set about 10 days after the filing of your divorce application, depending on the urgency of the situation.
5. Service of the Divorce Application
Once your divorce application has been filed at the courthouse and a court file number has been issued, you must personally serve the other spouse (“en mains propres”) with the originating application and all accompanying documents.
After being served, the other spouse has a set period of time to respond if they wish to contest the application, 15 days if they reside in Québec, or 30 days if they reside outside the province.
If the other spouse fails to formally respond following the court’s rules of procedure, a default judgment may be rendered against them.
6. Case Protocol, Hearings, Judgment by Default
If, in their answer, your spouse chooses to contest certain issues related to the divorce, the process may involve several additional steps including the filing of a case protocol, a court hearing on provisional measures, and ultimately a trial, if necessary.
That said, the primary goal is always to resolve outstanding issues amicably and reach a settlement between both spouses whenever possible, resorting to a judge’s decision only when absolutely necessary.
If everything is agreed upon and the filing is complete, some courts allow you to proceed without a court appearance. For example, in a joint application you may only have to submit sworn statements in support of the divorce application.
Once the divorce is granted by a judge, it takes effect 31 days after the judge signs it, unless it is appealed.
7. After the Judgment
Once the divorce takes effect, you may request a divorce certificate from the court registry. You should also notify the relevant tax authorities, such as Revenu Québec and the Canada Revenue Agency, of your change in marital status. Afterward, you can proceed with the division of assets and finalize any remaining financial or administrative matters arising from the divorce.
If you are in the process of filing for divorce or need guidance on how to proceed, a consultation with one of our associates can help answer all your questions and clarify your options. While you may be able to handle certain aspects on your own, given the legal and procedural complexity involved, it is highly advisable to consult or retain an experienced family law lawyer for representation or strategic oversight throughout the process.
