Getting a divorce in PEI is similar to getting a divorce in many Canadian Provinces. We cover the process and what you need to successfully file for a divorce in PEI. Check out our recommend divorce lawyers that are willing to help you get divorced in PEI.
PEI Divorce information and questions
What: Filing for a divorce. It’s different than a separation as it’s the legal act of becoming no longer married to your spouse versus a separation that means not being together but you’re still legally married.
Who: You and your spouse. While only one partner needs to proceed with the paperwork and take care of the divorce, both must be involved and aware of the terms set forth. You cannot file for a divorce without the other spouse knowing what the reasons and agreements are.
Where: The Supreme Courts of Prince Edward Island Family Division is required to file for a divorce in PEI. There is one in Charlottetown and one in Summerside. One of the two spouses involved in the divorce must have been living in the Province for at least one year at the time of filing for the divorce.
Why: This could be completely personal. Perhaps you are simply no longer interesting in being together. You do not need a special circumstance to obtain a divorce with someone. You also cannot force someone not to get a divorce, only disagree on the terms of the divorce.
When: For whatever the reason for the divorce, if it’s not adultery or cruelty you must be separated one year before obtaining a legal divorce, which provides time to reconcile if you end up wanting to get back together. If it is due to cruelty or adultery, then you can file for and obtain a divorce immediately.
How to get a divorce in PEI
Uncontested Divorce in PEI: In terms of an uncontested divorce in PEI, you must file with one of the two courts, depending on your region. You can file with or without your spouse, but they must be officially served once you receive the paperwork back from the courts. You cannot serve your own spouse and must have an Affidavit completed to confirm they were informed. If they agree with the proposed terms of divorce then they can simply not answer and after a waiting period you can proceed either separate or apart with an uncontested divorce.
You will then follow up and send more paperwork into the courts and if they have any questions or need more information then they will contact you. Otherwise they will issue you a divorce judgment at which point you can still appeal to the courts or wait another 30 days before the divorce actually becomes filed. Most people assume the judgment proves divorce, but it does not so don’t think you can get remarried before received the official Certificate of Divorce. The certificate must also be applied for once the waiting period is over with.
Contested Divorce in PEI: The process for a contested divorce starts the same as an uncontested divorce. The difference is that it means a spouse ‘answered’ your serving, disagreeing with the terms you had set out in the original application. They will be provided with an opportunity to present their case and you will proceed negotiating on terms. In PEI, you can either use mediation, and have a third party come to a binding agreement you both have to abide by or negotiate through lawyers in or outside of court until you can come to agreeable terms. Contested divorces can be upsetting and difficult and most often involve children and very serious decisions.