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What is a Joint Divorce in Canada

What is a Joint Divorce in Canada | Know 6 Steps to Apply

We all know how time-consuming and stressful the divorce procedure can get. However, if you and your spouse don’t want things to get heated up rather than a peaceful ending, joint divorce is the ultimate way to go!

No running errands after errands in the court with this kind of divorce! Let’s know detail about what in joint divorce in Canada, the process of applying for joint divorce and why it is a good solution for couples.

What is Meant by a Joint Divorce in Canada?

A joint divorce means making an appeal for a divorce together with your spouse in court. In other words, both you and your spouse mutually agree to get a divorce by sorting all kinds of family-related topics associated with getting a divorce. For instance, spousal maintenance, child support, property distribution, debts, etc.

It is one of the most cost-efficient and hassle-free ones in comparison to all the other forms of divorce, depending on the Canadian laws.

In fact, this is the best way to get divorced in Canada because, it will undoubtedly save you from many hassles. After all, the lower the conflict will be, the lesser stressful and painful the entire situation will be.

Why Would a Person Request a Joint Divorce?

You could file for a joint divorce for a few different reasons.

  • To start, it is easier.
  • Due to the reduction of process service fees, it can also be less expensive
  • It is quicker since the joint application and affidavits for divorce can be filed at the same time as opposed to serving one party with an application first, then waiting for the 30-day period following service to file the affidavit for divorce.

In essence, you avoid paying fees for process services and 30 days. If a year has gone since your separation, there are no ancillary concerns that need to be resolved or, alternatively, if such issues have previously been settled, and you and your ex-spouse get along well, a joint divorce may be the best option for you. Additionally, if your ex-spouse lives outside of Ontario or Canada, you should think about getting a joint divorce so you can avoid provincial interjurisdictional service issues or international service issues.

Benefits of Going for a Joint Divorce

This form of divorce has a number of benefits to offer compared to the other types of divorce available in Canada. They are:

  • No running behind courts and many sessions
  • Cost-efficient
  • Rapid and effective resolution
  • Saves up plenty of time
  • No chance of any disputes with your spouse as everything is decided mutually between both of you
  • Helps to maintain a friendly and healthy relationship with your former partner
  • Secure the child’s confidence and reliance on each of the parents, despite the separation

So, Do You Qualify for a Joint Divorce in Canada?

Although after knowing about this form of divorce, it may seem to you that any couple can go for it. However, in reality, you cannot just go for it without meeting some eligibility criteria.

There are some noteworthy things in which you must be eligible for a joint divorce. Otherwise, no matter what, you will not be able to qualify for one.

Hence, if you and your spouse are planning to get a one, then make sure to check out the below points properly. So, you exactly know whether you can or not.

  • The couple must be a resident of Canada for at least one year. And, of course, the counting begins precisely one year prior to the filing of the joint statement for divorce.
  • Another main criterion is to live separately for at least one year from each other. There should be no kind of husband and wife relationship among them in these one year.
  • If the ground of divorce is cruelty or infidelity, this divorce will not be considered applicable. As in this case, an uncontested divorce is the only way, even if both the parties are in mutual agreement with everything.

6 Steps of Applying for a Joint Divorce in Canada

Here is the easy 6 steps of applying for joint divorce in Canada:

  1. Apply with file at physical court or through online
  2. File the necessary paperwork and pay the filing costs
  3. Your divorce application and affidavits are reviewed by a judge.
  4. The Court will get in touch with you personally if it has any inquiries about your application.
  5. A judge may award a divorce decree if she finds it appropriate.
  6. A certificate of divorce can be obtained directly from the Court for an additional cost when your divorce becomes effective 31 days following the date of the Order.

Necessary Documents for Joint Divorce in Canada!

Getting divorced comes with a lot of paper works and documents. It is not something that you can do it merely by saying as this needs to be legalized by the court.

Otherwise, without fulfilling all the criteria of the court, you will not be granted one. In fact, a single mistake in doing the paperwork or not submitting the necessary documents to the court is enough to increase your hassles and delay the process.

Make sure to keep all essential documents in hand. So, when needed, you can present them to the court without any delay or errors.

Don’t know which important documents to keep? Well, have a look at the below listings to find out right now:

Marriage certificates being issued by the government.

In case the wedding took place in another country, the court will reserve the right to exempt you from submitting it. But still, the details of the wedding and witness record are extremely crucial. So keep it properly. After all, they are the main evidence that your marriage took place at that time.

Documents for legal parents

  • If parental matters are associated, then you will need to prepare the following documents as mentioned:
  • Parenting plan contract
  • Income summary and child support contract, including the agreements on how to pay for all the extra expenditures of the child (such as educational expenses, medical, and various other activities as needed)
  • Spousal support contract’s breakdown (if spousal maintenance is involved)
  • Assets distribution and financial records, such as bank accounts, debts, savings, pensions, etc.

How Long Does It Take to Get Joint Divorced?

Honestly speaking, there is no exact time frame that you are going to divorced within these days. As every case is different, the time also varies from case to case. However, compared to other forms of divorce, this form of divorce tends to take much lesser time.

In most cases, the parties filing for this form of divorce usually get their divorce legally finalized within 60 to 90 days if everything is clear. But then again, based on the caseload and the court where the application is filed, the timeframe can get increased and thus may take several months.

Usually, if everything is done properly, the divorce is deemed as final after 31 days of passage, beginning the countdown from the date of being granted.

Once the divorce gets finalized along with 31 days being passed, the individual can appeal to the court for their divorce certificate.

Closing Notes

The term divorce itself is a scary word for the couples, enough to give anyone goosebumps. After all, who gets married to get separated! It is something no one will even dream of getting in their wildest of dreams.

However, when things don’t work out anymore, and there is no other way, it is definitely better to get a divorce from toxic partner than to stay in such a relationship.

That is not all! Getting divorced comes with a lot of hassles and work. But this thing can get smoother if you and your spouse come to terms and go for a joint divorce. And for any kind of issues, make sure to take an experienced divorce lawyer’s help.


Check out the below listed most asked questions that most people tend to have doubts on:

What's the difference between joint divorce and uncontested divorce?

Although both the terms may seem quite similar, yet they come with a noteworthy difference that makes them different from each other. In case of this form of divorce, both the parties do the paperwork together by sorting out everything beforehand. So there is no scope for any disputes. While for the uncontested divorce, one party files for divorce separately while the other one mutually agrees on it.

How long do you need to be separated before divorce in Canada?

You must stay at least 1 year separated from each other in order to file for an application of divorce. Otherwise, you will not even be considered eligible to appeal for one by the court.

What is the cost of a joint divorce?

Frankly speaking, it is quite tough to give an accurate price estimation. However, in order to give a generalized idea, it can cost you around $3000, including both the spousal maintenance and child support. On the other hand, it can cost you about $2000 with the exclusion of both spousal and child support.

Is it essential to hire a divorce lawyer for a joint divorce?

Hiring an experienced lawyer definitely has the upper hand and will certainly lessen a lot of your time and stress. Besides, with their expertise, you will always find themselves guiding you in the right direction. However, in case of getting a divorce jointly, hiring them is completely optional, and it totally depends on your and your spouse whether you want to hire them or not.

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