How do I start divorce proceedings?

The procedure for divorce proceedings will be set out in the Rules of Court of your province. If you are starting a divorce action you will typically file a Statement of Claim in which you will be called the plaintiff and your spouse will be called the defendant.

You need to decide at the beginning of the divorce proceedings about whether to hire a lawyer or not. If there are any complicating factors, such as children, substantial assets, businesses, or financial need that may require support payments for one spouse or children, you should use a lawyer.

If your situation is uncomplicated and it is unlikely that you and your spouse will disagree about the divorce and the division of your assets, then you may be able to handle it yourself. There are many excellent self-help guides on the market to help you. You can also buy divorce petition forms at any stationery store or access them online if your province makes them available through a family agency or through the courts.

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WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.