The decision to divorce is one that often comes after careful consideration and a great deal of stress. Now that you have reached this point, you are likely searching for the most straightforward way possible to end your marriage. Fortunately, filing for divorce in Nunavut is not particularly complicated, especially if you are seeking an uncontested divorce – one where you and your spouse agree on all issues like property division and child custody. You may even qualify to process your divorce without a lawyer. In this instance, you’ll only need to complete the Nunavut’s required divorce papers and submit it to the court to begin the process.
CompleteCase.com makes the uncontested divorce process even easier by providing Nunavut divorce papers online. With CompleteCase.com you’ll get the divorce forms you need for your situation, ensuring that you submit only the right documents to the court.
If you and your spouse are struggling to reach decisions on issues like property division or child-related issues, you may find it beneficial to work with a divorce mediator. Mediation in Nunavut allows you to meet with a professional mediator, someone trained to assist divorcing couples in reaching difficult choices that they can both be satisfied with.
The following information will help you understand the basics of filing for divorce in Nunavut. With this information and the appropriate divorce documents, you can begin your divorce as soon as you are ready to do so.
Data from Statistics Canada indicates that in 2008 the divorce rate in Nunavut was 8.2 for every 10,000 residents. Nunavut has the lowest divorce rate of any of Canada's provinces or territories. Nunavut requires that either you or your spouse be a resident of the territory for at least one year before you can apply for divorce.
Like all Canadian provinces and territories, Nunavut adheres to Canada's Divorce Act. The divorce act states that divorce must be a result of marriage breakdown. You can prove the breakdown of your marriage in three ways. The most popular way is to live separate and apart from your spouse for at least one year. You can live in the same house if necessary, but you must not act as a married couple for the period of a year. The other two options are proving marriage breakdown due to extreme cruelty or adultery.
The exact divorce papers that you fill out can vary based on your circumstances, such as if you are seeking an uncontested or contested divorce, or if you are filing jointly with your spouse. When you are divorcing with minor children, you will need to complete additional forms as well. It is best to familiarize yourself with the available options and to learn as much as you can about divorce in Nunavut before you file. The more you know, the better you can look out for your interests.
The Nunavut Courts have a website where you can get some basic information about divorce. The Legal Services Board of Nunavut also has a website where it lists regional clinics where you can meet with legal experts to discuss your situation. It also offers a basic brochure on Family Law as well.
If you find the numerous options and different legal forms a bit confusing, understand that this is normal. Without legal training all the specifics can be overwhelming. For many people, it is easiest to get their divorce forms from CompleteCase.com. Our form preparation service identifies the divorce papers for your circumstances and provides the assistance you’ll need to complete forms accurately. Failing to submit the right forms, filling out forms incorrectly or submitting the wrong forms can all result in unnecessary delays and added costs to your divorce.
When you have completed your divorce papers, online or otherwise you will need to make at least two copies of each form. You will file the original documents with the court, keep one set for your records and serve the last set to your spouse. Keep in mind that there is a court fee for filing your paperwork, which you will need to pay when you take your papers in. You can call ahead to the court to verify that you are bringing all the correct documents and a form of payment that the court accepts.
The Nunavut Courts website has a page that lists the contact numbers and locations of the court. You may have the option of filing your divorce papers by mail, but it is best to contact the court directly to verify this and to get instructions on the process. Once you have filed your paperwork with the court and paid your fee, you can ask what your next steps will be. The actions you take following the initial filing may vary depending on your circumstances.
Unless you filed jointly, you will need to serve your soon to be former spouse copy of the divorce papers. To “serve” simply means to deliver copies of court documents, which allows the recipient a chance to respond. You will need to find someone over 18 to deliver the divorce papers, as you are not allowed to do it yourself. You can ask a friend or family member, but make certain you can depend on the individual to deliver the papers. Without service of the papers, the divorce will not be processed by the court.
You can also hire a private process server, or possibly a sheriff. There will be a fee for serving the papers. Once the papers have been served, you will need the individual who served the documents to complete an “Affidavit of Service”, which states that the papers were served. When you get the affidavit you will need to file it with the court.
Depending on the type of divorce you are getting, the final decision may happen relatively quickly. If you are seeking an uncontested divorce it will go faster. If you need to dispute issues in court with your spouse the divorce will likely take much longer.
