In Canada, if you want to break up a marriage, you have to trek either a contested or an uncontested path. It depends on whether the divorce is mutual or disputed. Simple and joint divorces are examples of the uncontested type, where spouses come to terms over post-divorce arrangements without court interference.
While one process is simpler than the other, the Federal Divorce Act has strict guidelines for each model to ensure fair settlements and reduce post-divorce confusion. However, a deep insight into the nitty-gritty procedures and their comparative outlines will help you to step through them more confidently.
This article will take you into the very depths of the context, explaining
- Types of divorces in Canada by their applications
- Simple and joint divorces with legible descriptions
- Key differences between simple and joint nuptial parting
- Documents required in each process
- Typical waiting time for finalizing and authorizing the divorces
Understanding Divorce Options
A slew of factors can lead couples to seek permanent separation. However, it’s highly advisable not to let whim, minor issues, and unawareness drive you to it. To make divorces rational, Canada has narrowed down the eligibility criteria to only three:
- A minimum of 1 year of living in separation
- Adultery, if proved with valid evidence
- Abuse, if medical reports suggest so
If any of these describe you, the provincial court will allow you to file an appeal. From there, the path branches into two distinct directions:
Contested: When your partner finds your terms irrational, disputable, or breaching their rights and replies to your appeal with a counterclaim.
Uncontested: When the court receives no objections from your partner’s side, as an agreement between you over custody, parental responsibility, and asset and property division is already met.
This is the divorce system in Canada in a nutshell. Of course, excluding the fact that the uncontested divorce has two variants, simple and joint. Also, all these types have unique requisites, steps, and timeframes.
Let’s now get back into the main discussion of this blog.
Simple Divorce: When One Spouse Files Alone
It’s the basic and default way to split up, ideal when the spouses have nothing to contend over. Often occurs as a byproduct of the distance and blocked communication during a long separation.
A simple divorce begins when one spouse files for a dissolution in the provincial court. After receiving the application, the court sends it to the other spouse. If not contested, the application proceeds to finalization.
A few considerations:
- To set things straight, the judge may call for a trial
- Once the mutual consent is received, the authorization process doesn’t require the active participation of the respondent
Joint Divorce Applications: Filing Together
In a joint divorce, spouses attend the court together. This reflects their shared desire to get apart. They sign the divorce form together and submit it with the record of their pact over responsibilities. It’s the most recommended and effortless divorce procedure.
Having both parties actively engaged, a joint divorce moves through its phases faster than a simple divorce. The lack of a service application, which the second spouse receives in a simple divorce, also drives the overall momentum.
Deciding Factors between a Simple and Joint Divorce
Despite their similarities, it’s not hard to choose between a simple and joint divorce. While each varies in cost and time, the thing that will help you most in making the decision is the involvement of your spouse.
Involvement: If cooperation is possible, which means taking care of the formalities together, a joint divorce would be your best shot. The court circulates less, revisions are fewer and faster, and finalization becomes a matter of a few signs. A simple divorce is a suitable choice when your spouse lives somewhere else or wants to keep a distance.
Cost: When navigating the court, there is one simple code to measure the cost of a case. The longer, the costlier. Simple divorces may await the respondent’s reply, move into a trial or hearing, get complex if confusion arises, and take more sessions than joint divorces. From commute pays, formal charges, to consulting fees, the simple outcosts the joint.
Duration: Nobody wants to remain in a court situation for longer than necessary. Neither should you. In a joint divorce, matters with the potential to raise a dispute are managed outside the court. So the formal procedures advance smoothly, cutting extra waiting time.
Here is a summary table to give you a quick peek:
| Aspect | Joint Divorce | Simple Divorce |
| Spouse involvement | Couples carry out the divorce together | The divorce is agreed upon, yet not all parties are available to attend the court to carry it out |
| Court involvement | Decisions are quick, with no or a small investigation | Longer procedures with sending notices, gaining agreements, and occasionally investigating |
| Process efficiency | Faster, smoother, finalized with a few signatures | Can become complex if confusion arises |
| Cost | Lower overall cost | Higher cost due to longer duration, commute, formal charges, and consulting fees |
| Duration | Shorter, as disputes are settled before coming to the court | Longer, as it may take more sessions and waiting time |
| Best suited for | Couples who can cooperate | Couples living distantly and cooperation is not possible |
Comparing Costs: Simple vs Joint Divorce
At different stages, based on the type, a divorce will require you to pay for the service. The cost is both monetary and temporal.
Court Filing Fees in Saskatchewan
Here is a brief chart of the key payments you have to make during a procedure:
| Cost Element | Joint Divorce | Simple Divorce |
| Court Filing Fee | $300 | $300 |
| Service Fees | $0 | $50-$150 |
| Judgment Application | $95 | $95 (after 30-day response) |
| Total | ~$395 | ~$445-$545 |
Processing Times
Divorces in Canada are quick, taking a maximum of 3 to 4 months in uncontested conditions. In a simple divorce, the respondent gets a 30-day window to reply to a notice. Otherwise, for reviewing and finalizing, the procedure is already the same
Documents You’ll Need to Gather
Filing for a divorce is rather simple in Saskatchewan if you have your papers ready. The list of required stationery includes:
- The original copy of the marriage certificate
- Proof of residency (one of the spouses must be a resident for at least a year)
- The official self-help divorce form kit (Consisted of all the formal documents meant to be filled out and submitted)
- Financial and property statements
Based on your unique condition, the court may also ask for supporting documents, like custody details, parenting plan, motion record, and certificate of service. Consult or have your lawyer help you prepare these documents. Casual or faulty filing leads to rejections, delaying procedures, and prolonging the waiting time.
Wrapping Up
Divorce is emotionally heavy. But when there is no other way around, a hassle-free ending is the best you can hope for. If you are lucky, a simple or joint divorce will help you get through the court formalities. A joint divorce is the fastest and least costly option, as it signals consent in the eyes of the law. For spouses living at a distance, a simple divorce is often the most graceful way to end the relationship.
FAQ
Do I Need a Lawyer for a Simple or Joint Divorce?
Regardless of how straightforward a case may seem, without a lawyer, it will be a blind walk, making you stumble, get puzzled, and pay more than necessary.
Can I Convert a Simple Divorce to a Joint Application?
No. Simple and joint divorces follow separate frameworks, including the court formalities. And it’s impossible to convert one framework to another. Seek professional guidance if such a necessity arises, as your spouse may become available for cooperation.
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