Contact a lawyer now

How to Get a Divorce in Saskatchewan?

How to Get a Divorce in Saskatchewan?

The divorce process in Saskatchewan maintains a particular legal process and set of actions. From getting a separation agreement to getting the final divorce in Saskatchewan, you must know how to get the divorce done.

Firstly, you must decide on the separation and arrange the necessary documentation to file for divorce. The divorce decision can come from any spouse, and they can take the initial separation and filing process.

The following article will give you a detailed guideline on getting a divorce in Regina, Saskatchewan, Canada.

Saskatchewan Divorce Facts

According to Statistics Canada, Saskatchewan has an 18.3 divorce rate per 10,000 people. Saskatchewan’s divorce rate is in the lower half of all Canadian provinces. While Canadian citizenship is not necessary, Saskatchewan mandates that either you or your spouse reside in the province for at least one year before filing for divorce.

As with the rest of Canada’s provinces and territories, Saskatchewan requires that the marriage be irretrievably dissolved before filing for divorce. You may establish marriage collapse in three ways: through infidelity, excessive harshness, or the most common foundation, a year’s separation. Separation from your spouse might occur for financial or other reasons while you are still living together.

What do I Need to do Before filing for Divorce?

A separation agreement may be filed in connection with a divorce application. While it is permissible to file for divorce before signing a separation agreement, many people choose to do so if they have property or children to divide. The separation agreement is the document that contains all of your and your spouse’s decisions. Property division, spousal support, child support, and parenting are frequently addressed in a separation agreement.

How to Get a Separation Agreement in Saskatchewan?

Before you can have a separation agreement, you must first understand what one is.

A separation agreement is a written contract that you and your spouse sign without the intervention of the court. A separation agreement can sometimes help you rebuild your marriage.

In a separation agreement, you and your spouse agree on all of the terms and discussions that you wish to have. There are several approaches to gaining support for your terms and conditions:

  • You can hire a lawyer and battle the opponent on your behalf.
  • You can agree on your terms with your spouse and agree without any difficulty.
  • You might hire a professional service to do the agreement task on your behalf. Using media to present all of your points to your opponent is far more professional and hassle-free.

Divorce legislation in Saskatchewan is simple and straightforward. Fighting with lawyers is thus unjustified, time-consuming, and costly.

Even if your divorce is hard, you should hire some media to help the agreement go smoothly.

How to File a Divorce in Saskatchewan: Step-by-Step Guide

If you want to hire a lawyer to file the divorce, you have to submit all the documents, and the lawyer will give you the best service to get the settlement.

To file a divorce in Saskatchewan, you have to follow some steps:

Step- 1: Statement of Claim for Divorce

For divorce processing, you have to start with the ‘statement of claim for divorce’. If you want to include the property division issue, then you have to go through the ‘division of matrimonial property’ also.

Step- 2: Signing the Statement of Divorce

In the next step, you have to complete the signing of the Statement of Claim for Divorce and take it to court.

Step- 3: Serving the Document

After filing the Statement of Claim with the court, you have to send a copy to the defendant personally by someone else. If it is hard for you to get help from any friend or family member to deliver the paper, then you can hire a professional lawyer.

If the defendant lives outside of Canada, then you have to get permission from the court to send the document to the defendant.

Step- 4: Filing for Affidavit Services

After serving the statement, the defendant will have a maximum of 20 days to inform them of their disagreement with the statement. If the defendant lives outside of the province, he or she will get 1 month, and if he or she lives outside of Canada, he or she will get 2 months maximum to inform the disagree statement.

The affidavit papers are:

  • Marriage certificate (Original)
  • Copy of divorce agreements
  • Copy of previous divorce certificates ( if any )
  • Child support data sheet ( if you have children)

Step- 5: Signing the Divorce Judgment

After serving all the documents with evidence, the clerk will deliver those to the justice, who will look at and sign them.

If the papers are okay, the justice will send them back to the clerk after signing them, and the clerk will deliver copies of those to the plaintiff and the defendant. The process can take a maximum of 4–6 weeks.

Step- 6: Finalizing the Divorce

A divorce certificate is a final document that can be available after 31 days of signing the judgment of divorce. The divorce certificate is important if you want to remarry.

Before going for a divorce or separation, it is better to develop a basic understanding of the process. According to Canadian law, there are some grounds for divorce. And under such conditions, a person can file for divorce or separation.

These factors include:

Cruel Behavior

If any spouse finds his or her partner abusive and constantly torturing him or her mentally or physically, it will be a valid reason to file a divorce.

Adultery

If one of the spouses seems to have an extramarital relationship during a marriage contract, the other spouse can seek the court’s assistance for the breakdown of that marriage.

One-year separate living

If your partner has been living separately for more than one year, you can file a divorce or separation.

Initial Process and Separation Agreement in Saskatchewan

The initial process of breaking down marriages in Saskatchewan starts with the earlier decision of the breakdown of the wedding. However, the timing of the processing and getting the final divorce application depends on whether the marriage is uncontested or contested.

Uncontested Divorce

The divorce can be contested or uncontested. In an uncontested marriage, the process and termination of the marriage are easier for the couple.

The different divorce types need a unique method to follow. In the case of an uncontested divorce, you will get some comfort from being the first person to file for divorce.

Form collection > File an application > Official paperwork submission

If both spouses signed the paper together, the filing process would be more straightforward. Otherwise, you will need to hire someone to do the processing on your behalf. The initial process may start with:

  • Serving the spouse
  • Waiting for an answer to the application from another spouse
  • Getting time to agree with the term

If everything is adequately maintained, now it is time to wait for the court’s final approval and process the application. Finally, if you get the divorce certificate, you are officially divorced now.

Contested Divorce

It is better to hire a family or divorce lawyer for a contested divorce because the process includes lots of procedures. A lawyer experienced in this area can guide you through the process smoothly.

The layer will resolve the disputes between the parties on different issues. The issues may include child support, financial support, and property distribution among the parties.

What is a Separation Agreement?

A separation agreement is a type of agreement between the spouses related to the issues that need to be settled before the marriage’s breakdown. For a separation agreement, the parties can agree by consent of each other or by court order.

On many occasions, a divorce can start with preparing a separation agreement, and a separation agreement is generally followed by a divorce application.

You can file for divorce before signing a separation agreement. For that, your marriage needs to be uncontested, and you should be free from any spousal support.

Getting Separation Agreements in Saskatchewan

To get a separation agreement, you can follow the following process:

  • Hire a lawyer for fighting and litigation
  • Do it by the consent of both parties, agreeing on a particular aspect
  • Choose an alternative dispute resolution service for the mediation

How Much Does It Cost to Hire a Divorce Lawyer?

You can consult a lawyer to make the process of divorcing easier. The cost of hiring a professional may depend on the nature of the case and its complexity. However, a divorce lawyer can make your divorce process more straightforward and arrange a fair separation agreement.

Final Thought

Breaking down marriages is always heartbreaking for couples. But there may be some situation in which you need to go for the termination of the wedding. As it is a legal process, it is better that you know the legal process and maintain everything to have a congenial situation during the divorce. Remember, a divorce lawyer can be a great mediator in this case.

Frequently Asked Questions

How do you get legally separated in Saskatchewan?

In Saskatchewan, legal separation is not a formal process like divorce. Couples can live separately without filing any paperwork to be considered legally separated. However, to address issues like spousal support, property division, and child custody during separation, couples may create a separation agreement with the help of lawyers or through mediation.

What is the quickest way to get a divorce in Canada?

The fastest way to get a divorce in Canada involves meeting certain criteria. If the divorce is uncontested, meaning both parties agree on all issues such as child custody, support, and property division, it can speed up the process. Additionally, some provinces, including Saskatchewan, offer simplified or joint divorce processes that can expedite proceedings.

How long does it take to get a divorce in Saskatchewan?

The divorce may be finalized in as little as three or four months—or even fewer. However, if you are required to dispute your case in court on matters like property division, child support, or child custody, the divorce process will take far longer.

How much does it cost to file for divorce in Saskatchewan?

The cost of filing for divorce in Saskatchewan varies. The court filing fee for a divorce application is typically around $300–$400. However, additional expenses may arise if you hire a lawyer or require other legal services.

How expensive is a divorce in Canada?

The Canadian Legal Fees Survey estimates that the average cost of divorce is $1,353 for an uncontested divorce and $12,875 for a contentious divorce. Proceeding with the divorce in court may cost you more than $50,000.

Do you need a lawyer to get a divorce in Saskatchewan?

It's not mandatory to have a lawyer to get a divorce in Saskatchewan. You have the option to represent yourself, which is known as self-representation or filing for divorce 'pro se.' However, legal assistance can be beneficial to navigate complex procedures and ensure your rights are protected.

Recent Posts