Divorce in Quebec follows the federal Divorce Act, but the filing process is different from other provinces due to Quebec’s Civil Code. If you’re looking to start a divorce in Quebec, this guide outlines the key steps, required documents, costs, and timelines.
Who Can File for Divorce in Quebec?
To file for a divorce in Quebec, you must meet the following criteria:
- Residency Requirement – At least one spouse must have lived in Quebec for at least one year before filing.
- Grounds for Divorce – The law requires proof that the marriage has broken down due to:
- One-year separation (most common).
- Adultery (must be proven in court).
- Cruelty (physical or emotional abuse).
If you meet these conditions, you can file your divorce through the Superior Court of Quebec.
Step 1: Gather Required Documents
Before filing for divorce proceedings, you must collect and submit the necessary documents to avoid delays.
1. Quebec Divorce Application (Demande en divorce)
- This form officially starts the divorce process in Quebec.
- If both spouses agree, they can file a joint divorce application, making the process faster.
- If the divorce is contested, one spouse (the applicant) files, and the other (the respondent) must be served.
2. Original Marriage Certificate
- A valid marriage certificate is required as proof of marriage.
- If you were married in Quebec, you can order a certified copy from the Directeur de l’état civil du Québec.
- If married outside Canada, your certificate must be:
- Translated (if not in French or English).
- Notarized to verify authenticity.
If you lost your marriage certificate, you must request a replacement before proceeding with the divorce.
3. Financial Disclosure Forms
If the divorce involves spousal support, child support, or asset division, both spouses must submit financial disclosure documents:
- État des revenus et dépenses – Required for child or spousal support.
- État du patrimoine familial – Used to declare all assets and debts subject to division.
- Tax returns, pay stubs, and bank statements must also be provided.
4. Additional Documents That May Be Required
- Parental Agreement (if children are involved).
- Spousal Support Agreement (if financial support is requested).
- Previous Court Orders (if applicable).
Having these documents ready ensures a smoother filing process with fewer delays.
Step 2: File Your Divorce Application
Where to File
Divorce applications in Quebec must be filed with the Superior Court of Quebec. You can:
- File in person at a courthouse in your district.
- Use a lawyer to handle the filing for you.
Filing Fees
The cost of filing a divorce in Quebec is $302, but additional court fees may apply if disputes arise over custody, support, or property division.
Once filed, you will receive a court-stamped copy, which must be served to your spouse before the process can continue.
Step 3: Serve Divorce Papers
Once the divorce application is filed, the respondent spouse must be formally served with the papers.
1. Who Can Serve Divorce Papers?
The applicant (person filing for divorce) cannot serve the papers themselves. Instead, service must be done by:
- A bailiff (required in Quebec, unlike other provinces).
- Registered mail (only if the spouse agrees to sign for it).
2. What If My Spouse Lives Outside Quebec?
- If your spouse lives in another province or country, service must follow both Quebec laws and the laws of their location.
- In some cases, international process serving is required for legal confirmation.
3. What If My Spouse Refuses to Accept the Papers?
If your spouse avoids service, you can request substituted service, allowing alternative delivery methods, such as:
- Email or social media service (if permitted by the court).
- Publication in a newspaper (if their whereabouts are unknown).
4. Proof of Service
After the papers are delivered, the bailiff must complete a Sworn Affidavit of Service, which is filed with the court. Without this proof, the divorce cannot proceed.
Step 4: Wait for a Response
After being served, the respondent has 30 days (if in Canada) or 60 days (if outside Canada) to file a response.
Uncontested Divorce – If the spouse does not respond, the divorce moves forward automatically.
Contested Divorce – If the spouse disagrees, they must file a response, leading to:
- Negotiations to reach an agreement.
- Mediation to settle disputes outside of court.
- Court hearings, where a judge makes the final decision.
The response phase determines if the divorce remains simple or becomes a longer legal process.
How Long Does It Take in Quebec?
- Uncontested Divorce (4-6 Months) – If both spouses agree, the process is fast and straightforward. Once approved, there is a 31-day waiting period before the divorce is final.
- Contested Divorce (1+ Year) – If spouses disagree on key issues, the divorce can take over a year due to negotiations, court schedules, and hearings.
The fastest way to get a divorce in Quebec is by filing a joint divorce application with no disputes.
How Much Does It Cost to File for Divorce in Quebec?
| Type of Divorce | Filing Fees | Additional Costs |
|---|---|---|
| Uncontested Divorce | $302 | Lawyer fees (if applicable) |
| Contested Divorce | $302 + court fees | Mediation, legal representation, financial disclosure |
For low-income individuals, Aide Juridique Québec may provide financial assistance and access to family lawyers.
Frequently Asked Questions
How to initiate divorce in Quebec?
To initiate a divorce in Quebec, follow these steps:
- Meet the residency requirement – At leastone spouse must have lived in Quebec for at least one year before filing.
- Choose the type of divorce – Decide between a joint divorce (if both spouses agree) or a contested divorce (if disputes exist).
- Gather required documents – This includes your original marriage certificate, financial statements, and any relevant agreements.
- File a divorce application – Submit the Demande en divorce at the Superior Court of Quebec.
- Serve the divorce papers – Abailiff must officially notify your spouse of the proceedings.
If everything is in order, the divorce process can begin, with timelines varying based on whether it is contested or uncontested.
How long does it take to get divorced in Quebec?
The time required to get a divorce in Quebec depends on the complexity of the case:
- Uncontested Divorce: Typically finalized within 4 to 6 months after filing. Once approved by the court, there is a 31-day waiting period before the divorce becomes official.
- Contested Divorce: If spouses disagree on key issues (child custody, spousal support, asset division), the process can take 12 months or longer, depending on court schedules and negotiations.
The fastest way to get a divorce in Quebec is to file a joint divorce application with no disputes.
How do I start asking for a divorce?
Starting the divorce conversation can be challenging. Here’s how to approach it:
- Be clear and honest – Explain your decision calmly and respectfully.
- Discuss separation terms – If possible, agree on key issues such as child custody and financial matters early on.
- Seek legal advice – Consulting afamily lawyer can help you understand your rights and options.
- Prepare documents – Gather youroriginal marriage certificate, financial statements, and any previous legal agreements.
- File a divorce application – If both parties agree, ajoint divorce can be filed, simplifying the process.
If your spouse refuses to cooperate, you may need to proceed with a contested divorce, which involves serving legal papers and potentially going to court.
What is the first step in getting a divorce in Canada?
The first step in getting a divorce in Canada is to ensure you meet the residency requirements:
- You or your spouse must have lived in the province where you’re filing for at least one year.
After confirming eligibility, the next step is to:
- Gather essential documents – This includes your marriage certificate, financial statements, and parenting agreements (if applicable).
- Decide on the type of divorce – Uncontested divorces are faster, while contested divorces may require mediation or court hearings.
- File a divorce application – Submit the paperwork to the family court in your province.
- Serve the divorce papers – Your spouse must be officially notified of the proceedings.
Once these steps are completed, the divorce process will move forward based on court timelines and whether both parties can reach an agreement.
Find a Divorce Lawyer in Quebec
Filing for a divorce in Quebec can be complicated, but having the right family lawyer makes the process easier. Lawyer Connect helps you find experienced divorce lawyers in Quebec within 24h, ensuring you get legal guidance tailored to your case.