The Province of Saskatchewan tries to make it as easy as possible for people looking to get a completely uncontested joint divorce. Besides a mountain of paperwork (including Sections for Contact Information, Information About The Marriage, Information About The Spouses, Information About Any Children, Type Of Divorce and Additional Notes), the process is actually fairly straight forward. For information on other Canadian provinces, check out the links at the bottom of the page.
How To File for Divorce in Saskatchewan: Uncontested Divorce
While there are a number of self-help divorce filing kits, none are as effective, efficient and fast as using a family lawyer. There are also services in place, such as legal aid, to help should financing be a concern when considering a lawyer. Should you wish to file on your own, the following three steps will assist in the process.
Step 1: File an application for divorce with the Court of The Queen’s Bench.
Submit official paperwork to the Queen’s Bench or to the Provincial Court in areas of the province where the Queen’s Bench does not sit. Forms can be found through the provincial government website.
Step 2: Serve your spouse.
Once your papers have been filed, contrary to what most people think it is not up to the courts to send your application or information to your spouse to inform them of the situation. You will be required to serve your spouse if they did not complete the paperwork with you. If you signed the papers together you can skip this step, if not then you will have to pay someone to serve them for you (this cannot be done by you!).
Step 3: Wait for the application to be answered.
Once your spouse is officially served then they will have only a month to answer the documents with whether or not they agree to the terms. Should everything go as planned and in fact be uncontested, then you will need to wait for the courts to proceed with the application. This could take weeks to months depending on the volume of applications. You can call the court for an update on your file if it is taking awhile to hear back. You will then ideally be granted a divorce which will become official when they deliver your Certificate of Divorce.
How To File for Divorce in Saskatchewan: Contested Divorce
When it comes to filing for a contested divorce it is highly recommended to hire a family lawyer to ensure your best interests are being met throughout the negotiation process. This process involves resolving a dispute in the terms of divorce between the two parties involved. Often this is a result of a custody arrangement, visiting arrangements, financial support or division of assets.
Important Notes When Getting Divorced in Saskatchewan
As with most provinces, one of the same three causes for divorce are required in order to start the process. Adultery, cruelty or one year of separation must come before the divorce can be granted. Technically, if one party forgave the other for adultery or cruelty and decided to work on the marriage, then it becomes no longer an option to use for divorce (for that one instance, should an act happen again, it can be used again). While it technically cannot be used, a judge will often rule in favour anyway should it be in the best interest of the people involved or society (for example if one partner is unrealistically forgiving and suffering pain as a result). It is worth noting that the paperwork can be filed prior to a full year of separation, but it cannot be finalized.
It is a big no-no in the eyes of the courts (and therefore the law) to collude with your spouse and lie about being separated longer than you actually have been. Although you may both want a quick divorce (perhaps to remarry for example) and have no issues regarding the terms, you could face legal consequences should you get caught for lying about your separation. Also, while adultery and cruelty at coined not at fault behaviours for custody issues, they can often come into play if it impacts parenting skills. That being said it is important to be aware that if someone was cheating but remained a good parent and was always fulfilling parental duties, then it likely will not be used against them to judge their parenting skills in a custody dispute.