This article should help you go through the divorce process in Newfoundland and Labrador. If you have any questions ask a qualified professional by filling out the form to the right.
Uncontested Newfoundland Divorce: The Steps to Take
Reasons for Divorce
Adultery or Cruelty: As with the rest of Canada, if one party involved commits an act of physical or emotional cruelty then the law says that they can qualify immediately for divorce. The same goes for if one spouse commits adultery as well. While these cases are grounds for immediate divorce, it means a operation period does not need to happen, but all of the same paperwork does in fact still need to be completed. Should these reasons be the grounds for divorce it is strongly recommended to hire a lawyer to ensure the process is mediated properly.
Personal Feelings and Separation: It’s important to note that personal feelings and the idea of just not wanting to be with someone anymore is a completely valid reason for divorce. The issue is that that’s not quite enough in the eyes of the courts. They want people to take divorce seriously, as they should, and thus if it’s just a change of heart you must be separated for at least one year before you can finalize a divorce. That being said, you can start the process and paperwork at anytime beforehand.
How to Get a Divorce in Newfoundland
Documentation can be filed individually or together. The first form must be submitted regardless of who’s filing but the second can be ignored if you’re filing together. You have 6 months to serve these documents to your spouse through someone other than yourself (they then fill out an Affidavit of Service to confirm).
Submit Originating Application: This document is the bulk of the divorce papers for Newfoundland and is where you will need to fill in information about yourself, your marriage, grounds for divorce and any information about children or support.
Submit Notice to Respondent: This is the form that needs to be sent to the other partner of the marriage so that they are properly notified and can be provided with time to dispute anything written in the originating application. If they do not respond then an uncontested divorce will proceed and it’s simply a matter of complying with any requests the courts may have before finalizing. A divorce is then final 31 days after being signed off on by a judge, at which time you will receive a Certificate of Divorce from the courts.
Contested Divorce in Newfoundland
If your spouse does refute your claims put forward in the originating application, then it will proceed as a contested divorce. The other partner will have time to prepare their case and present what they believe to be a more fair or accurate course to follow. Proceedings can take place and negotiations could carry on until an agreement is made. If an agreement cannot be reached between the two parties involved in the marriage, then a judge will rule after hearing all of the arguments in the case. These are typically surrounding the children and any financial asset or arrangement from the marriage.