The decision to get divorced is not usually an easy choice to make. Now that you have reached the point where divorce seems like the best option, you are probably interested in finding the most straightforward way possible to end your marriage. Fortunately, Prince Edward Island makes filing for divorce a fairly simple process, particularly if you are seeking an uncontested divorce – one where you and your spouse agree with each other on important issues like property division and child custody. If you qualify for an uncontested divorce, you’ll need to complete the required divorce papers for Prince Edward Island and submit them to the court to begin. CompleteCase.com can make the application process even easier online by providing the forms you need for your situation and helping you complete them correctly.
If you and your spouse are not able to come to agreements on issues related to divorce, you may consider seeking out a divorce mediator. Mediation in Prince Edward Island lets you meet with a professional trained to help divorcing couples reach difficult decisions. Mediation can save you time and money, especially in comparison to a drawn out court dispute.
The following information will help you understand the basics of filing for divorce in Prince Edward Island. With this information and the required divorce papers you’ll be prepared to start on your own divorce
According to Statistics Canada, in 2008 the divorce rate in Prince Edward Island was 21.9 for every 10,000 residents. This rate puts Prince Edward Island somewhere in the middle among divorce rates in provinces and territories in Canada. To file for divorce in Prince Edward Island you or your spouse must have resided there for at least one year.
Prince Edward Island is governed by the Divorce Act which states that divorce can only be granted due to marriage breakdown, and can be demonstrated in three ways. The most common way is to live separate and apart from your spouse for a year. You can also claim adultery or extreme cruelty, although doing so typically requires the services of a lawyer.
The specific divorce papers that you fill out and submit to the court may vary based on your circumstances, such as if you have minor children with your spouse, or whether you are seeking an uncontested versus a contested divorce. The most common divorce form is the “Petition for Divorce”, but there are many additional forms that must be completed as well.
It is best to familiarize yourself with the divorce process in your province if you want to avoid surprises and look out for your best interests. The Prince Edward Island Department of Justice and Public Safety has a Family Law Centre that contains some resources, and you can also learn more at the CLIA PEI site, a non-profit law information site that discusses divorce and other family law issues.
If you find the various options and forms a little bit intimidating, you should know that you are not alone in this. Many people worry that they will fill out the wrong forms, or fill out forms incorrectly, and experience unnecessary delays to their divorce as a result. With divorce papers from CompleteCase.com, you can avoid the doubt and speed up your application process. Our online divorce form preparation service can help you find the right forms and complete those forms correctly, allowing you to move forward confidently.
When you are ready to file your divorce papers you will want to go to the nearest family court section of the Supreme Court of Saint Edwards Island. But before you go to file, you should make at least two copies of your divorce form – one to file, one for your records and one to serve to your spouse. You should also verify what the filing fee is at the time of your filing. You will need to bring the payment in a form accepted by the court to complete the application for divorce.
When you have submitted your paperwork and paid your fee, the court clerk will officially file your documents. You should make sure you are clear on what your next steps should be after filing, steps the clerk should be able to explain to you based on your situation. The next steps, just like the divorce forms, can vary depending on different circumstances, such as if you are filing an uncontested divorce or not.
Unless you filed jointly with your spouse, you will probably be required to serve copies of the divorce papers to your spouse. “Serving” simple means delivering copies of all the divorce documents to the spouse so that he or she has the opportunity to respond. It ensures that everyone is on the same page.
You will need to find someone over 18 to serve the papers, as you are not allowed to do it yourself. Many people ask friends or family members to serve the papers, which can work fine in many circumstances. Just make certain you can trust the individual to deliver the papers, as the divorce cannot be finalized until the papers are served.
You may also use a private process server. A private process server specializes in serving legal documents. You pay a fee and the private process server will do whatever is necessary to deliver the documents.
Once the documents have been delivered, you will need the individual who served the papers to complete an “Affidavit of Service”, proof that the papers have been delivered. You will file this affidavit with the court to complete your filing. There is a possibility that the court will need more documents. If it does, you will be notified.
