If you are like most people, your decision to seek a divorce has probably come after a substantial amount of stress. Now that you have reached this point, you want to move forward with the legal process as easily as you can. Fortunately, Newfoundland and Labrador make filing for a divorce fairly straightforward, especially if you are seeking an uncontested divorce – one where you and your spouse are in agreement on all aspects of the divorce, including child custody, child support and property division. If you qualify for an uncontested divorce, you merely need to fill out the required divorce papers for Newfoundland and Labrador then submit them to the court to get started.
CompleteCase.com make the process of completing divorce papers even easier online. With our help of you’ll have the confidence knowing you are submitting the correct forms filled out accurately from the beginning.
If you and your spouse are having a difficult time reaching divorce-related decisions, you may find it useful to work with a divorce mediator. Mediation in Newfoundland and Labrador involves meeting with a professional mediator to work through difficult decisions, which may be able to help you save money and time – especially compared to a prolonged court battle. If your circumstances are more involved you may consider seeking the services of a divorce attorney.
The following information is here to help you learn about the basics of filing for divorce in Newfoundland and Labrador. With this information and the correct divorce documents, you should be able to move forward with your divorce whenever you are ready to do so.
According to Statistics Canada, in 2008 the divorce rate in Newfoundland and Labrador was 17.9 for every 10,000 residents. This rate places Newfoundland and Labrador on the lower end of divorce rates in Canada. There are only a few provinces and territories with lower divorce rates in the country.
Like all provinces and territories in Canada, Newfoundland and Labrador are governed by the Divorce Act, which states that divorce can only be granted due to the breakdown of a marriage. You can prove breakdown in several ways, including adultery, extreme cruelty and separation for at least one year. For most couples the easiest option is to live separate and apart for one year (you can reside in the same house if necessary, but you must not be acting as a married couple for at least a year to get divorced). You or your spouse must live in Newfoundland and Labrador for at least one year before you can file for divorce.
It is important to educate yourself about divorce in your province as much as possible before you begin filing if you want to protect yourself and your best interests. The Supreme Court of Newfoundland and Labrador website has a page off frequently asked questions, a good place to start if you want to know more about the basics of divorce in the province. The Supreme Court also offers self-help kits that contain different divorce forms for different circumstances, kits such as the “Sole Applicant Divorce” and “Joint or Co-Applicant Divorce”.
The exact divorce papers you fill out may vary depending on your circumstances, such as if you and your spouse have minor children together, or if you are seeking a contested versus an uncontested divorce. It is very important that you only fill out the forms that apply to your situation, and that you complete the papers as accurately and completely as possible.
For many people in Newfoundland and Labrador, the easiest way to identify the right forms and that they are filling them out correctly is to use an divorce paper preparation service. At CompleteCase.com, you get guidance in choosing your forms and additional guidance in filling out those forms, making it easy to begin the filing process with confidence.
When you have completed your divorce papers for Newfoundland and Labrador online or otherwise, you will need to make at least two additional copies of each form. You will need the original set of documents to file with the court, and you will need another set to serve to your spouse. The last set you will keep for your own records.
You will also need to pay a provincial fee when you file for divorce. The Supreme Court of Newfoundland and Labrador website has a Schedule of Fees page where you can find fees for various services. It is always a good idea to check the fee schedule before you go to file, as fees can change.
Only the Supreme Court of Newfoundland and Labrador has the authority to grant a divorce, so you will need to check the website to find where your nearest court is. You may also be able to mail in your divorce application, but you should check with the court to make certain.
When you have paid your fee and submitted your documents, ask the court clerk what your next steps should be. What you will need to do next will depend on your circumstances.
Unless you filed jointly with your spouse, you will need to serve him or her copies of the divorce papers. “Serving” documents means delivering them to someone so the individual is made aware of the situation and has a chance to respond.
To serve the papers you will need to find an individual 19 or older to deliver the documents. Some people choose a friend or family member. Just make sure you can depend on the person you choose to deliver the documents, as the divorce cannot be completed until the papers have been served. You may also hire a private process server to deliver the documents. While there is a fee for this service, it is usually the most efficient way of getting the papers delivered.
When the divorce papers have been served, the individual that served them will need to complete an “Affidavit of Service” to prove delivery. You will file the affidavit to complete the filing process.
