How to Get a Divorce in Saskatchewan?

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

Firstly, you need to 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 for 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 prior to filing for divorce.

As with the other 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 prior to 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 make. There are several approaches to gain 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 conclude the agreement 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 for filing the divorce, you have to submit all the documents and the lawyer will give you the best service to get the settlement.

For filing 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 need to take it to court.

Step- 3: Serving the Document

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

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

Step- 4: Filing for Affidavit Services

After serving the statement, the defendant will get 20 days maximum to inform the disagreement of the statement. If the defendant lives out of the province he/she will get 1 month and if out of Canada then he/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 Judgement

After serving all the documents with evidence, the clerk will deliver those to the justice for looking at and signing them.

If the papers are ok 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 maximum 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 re-marry.

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 a divorce or separation.

These factors include:

Cruel Behavior

If any spouse finds his/her partner abusive and constantly torturing 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 marriage 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 nature. At the time of uncontested marriage, the process and termination of marriage are easier for the couple.

The different divorce type needs unique method to follow. In the case of uncontested divorce, you will get some comfort being the first person to go for 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 answering 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.

Read More: Why Do I Need an Uncontested Divorce Lawyer ?

Contested Divorce

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

The layer will resolve the disputes between the parties on different issues. The issues may include child support, financial support, and property distribution of 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 settle before the breakdown of the marriage. For a separation agreement, the parties can agree by consent of each or by court order.

On many occasions, a divorce can start from preparing the 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 the Separation Agreements in Saskatchewan

For getting 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 doing the mediation

How Much Does it Cost to Hire a Divorce Lawyer?

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

Final Thought

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

Frequently Asked Questions

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 as property division, child support, or child custody, the divorce process will take far longer.

Can you file for divorce without a lawyer in Saskatchewan?

For people through an uncontested divorce, an uncontested self-help divorce package is provided. Individuals are recommended to speak with a lawyer prior to beginning the divorce process to ensure that they understand their rights and duties completely.

How expensive is 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 have to separate before divorce Saskatchewan?

After one year of separation, married spouses are eligible for divorce. Unmarried spouses who wish to petition the court for property division must do so within 24 months after their separation, whereas married couples must do so prior to divorced.

What is a wife entitled to in a divorce in Saskatchewan?

In general, each spouse is entitled to an equal share of family property and the family house. However, in rare instances, a judge may determine that uneven partition is justified.