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Show ALL Forums  > Off Topic  > Need help to apply for divorce in Canada without the assistance of a      Home login  
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 CarKam1
Joined: 9/10/2011
Msg: 1
Need help to apply for divorce in Canada without the assistance of a lawyerPage 1 of 1    
I have been Seperated from my husband for over 7 years now. We have both agreed that it's time to cut the ties and divorce. I don't have a lot of money for a lawyer so I downloaded as much info from the Quebec government website as I could on how to apply for a divorce without a lawyer. 78 pages of....confusion?! I am concerned because we have a 9 year old boy and he owns property. We would like to get the divorce without court appointed custody payments/visitations nor for him to have to pay me any percentage of his property (which he inherited from his Mother when she passed away).

Has anyone here gone through the divorce procedure on their own? If so, any advice? Or if you are in Quebec...any suggestions on a "cost effective" lawyer?
 Blah_User_Name
Joined: 8/27/2011
Msg: 2
Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/17/2012 11:54:44 AM
Have a look at the Canadian Government website, there's all sorts of information on there.

My understanding of his inherited house, is that as long as he didn't put it in your name - that is safe. It was a gift made directly to him and therefore personal property NOT matrimonial property.

If you and your husband are in agreement, you can just fill in all the forms which are downloadable from the Family Court website. You will need a custody agreement for your child too. These can then be submitted to be 'agreed' by the judge. The only time things don't go through, are normally if it's all rather one sided in terms of dividing assets and debt. In those instances, the judge might feel that one is being manipulated or doesn't fully understand their entitlements but that's more relevant when a split is fairly recent. I imagine after 7 years, it's effectively all arranged, agreed and settled apart from the paperwork.

Quebec if often times different to other Provinces when it comes to legal matters so you would need to double check that information. There is normally a volunteer run organisation at the court house who will help you with filling in all the paperwork and making sure you have the correct supporting documents BUT they cannot and will not give you legal advice.

Many lawyers will have some sort of service which gives you an hour of their time at a reasonable rate about $100.00. Write down all the questions you need clarification with, don't get chatting and waste time - keep on topic. It will be $100.00 well spent.
 CarKam1
Joined: 9/10/2011
Msg: 3
Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/17/2012 11:59:00 AM
Thank you for your response. I do have all the paperwork...I think. I'm just so worried about missing something or not filling something out correctly that could affect myself or my x. I know that we have to hand in a mutual agreement letter but I'm not certain how to word it. Damn. I wish they would just make everything easy and allow for a simple fill out this one form and be done with it! lol.

Good call on the help at the courthouse - I didn't know about that. Thank you!
 U make it entertaining
Joined: 7/17/2009
Msg: 4
Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/17/2012 1:17:50 PM
I know of a friend who did it herself with the paperwork that you have in hand.

It was cumbersome.
She decided to go that route after she paid 2 separate lawyers a huge amount of money to literally do nothing for her.

I was able to barter my clients (lawyers) assistance whereby he filled out what needed to be filled out and then sent me in to do all the filing of the papers.

That in itself cost me 3 days of work to file, as I had 3 separate filings to do.
So I see why the lawyers charge for this.
It is their time that they have to waste standing in line.

End total for me was $1,260.00.

But then I waited until my son turned 18, so there were no child custody issues.
And I bought out my ex's share of the house, so there was no issue there either.

If you can unload as much headache as you can prior to doing the deed, it will be less time consuming and costly.

Good luck!
 HalftimeDad
Joined: 5/29/2005
Msg: 5
Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/17/2012 3:51:58 PM
You have the paperwork and you're just concerned about filling it all in properly. That's what I read here.

Law schools have clinics where they do just that sort of thing. Offer free advice and check on paperwork. The court is obligated to look out for the best interest of the child though, so there has to be provisions for support and access in there if you want the court to rubber stamp it.
 CarKam1
Joined: 9/10/2011
Msg: 6
Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/20/2012 7:55:28 AM
$1260 even with you doing some of the leg work!?!?! **Sigh** very combersome indeed!

Where would I call or go for the lawyer clinics (school) to look over the paperwork? Do I just call around to the schools to find out who offers this assistance?

Thanks for the responses Guys :)
 Lint Spotter
Joined: 8/27/2009
Msg: 7
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Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/20/2012 7:59:40 AM

him to have to pay me any percentage of his property (which he inherited from his Mother when she passed away).
Inheritances are excluded from litigation due to divorce - no worries there.
 tinkerbellcgy
Joined: 9/17/2005
Msg: 8
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Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/20/2012 2:47:11 PM

$1260 even with you doing some of the leg work!?!?! **Sigh** very combersome indeed!

$1,260 for a do-it-yourself divorce is really quite reasonable. Filing fees, process server fees, notary public/commissioner for oath fees, etc. add up quickly.


Where would I call or go for the lawyer clinics (school) to look over the paperwork? Do I just call around to the schools to find out who offers this assistance?

Check with the Law Society of Quebec or whatever the governing body is of lawyers/advocates in your province. Also, check with the Faculty of Law (or whatever it is called in Quebec) at the universities that are local to you.

Just as an aside, I worked as a paralegal in family law in Alberta for many years. Knowing what I know, if I were in the market for a divorce, I certainly would not do my own divorce. As the old saying goes, to represent yourself shows that you have a fool for a client.

Good luck.
 mrsforums
Joined: 6/14/2011
Msg: 9
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Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/20/2012 3:21:53 PM
Wouldn't do it without a lawyer. If you agree on all of the necessary decisions, it shouldn't be an outrageous cost. Find out if in Quebec you can hire one lawyer as a mediator between the courts and both of you, just to get the required paperwork done. I know someone in BC who used a divorce "service" and were happy with the results.

MrsF
 CarKam1
Joined: 9/10/2011
Msg: 10
Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/23/2012 9:58:21 AM
Thanks guys. I really don't want to do it on my own, I agree that it would be foolish! Just looking for cost savings. I have heard of people of spending upwards of around 9K for their divorce...It didn't even cost close to that for the marriage and wedding itself!

I'll start looking for someone to help with the divorce. My ex and I are in complete agreement, get along very well and have no disputes over property, money or custody so hopefully it'll be very straight forward.

Thanks again!
 Damselffish
Joined: 10/15/2011
Msg: 11
Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/23/2012 2:57:27 PM
In some cases its called smith and wesson....no assistance needed..just sayin
 Blah_User_Name
Joined: 8/27/2011
Msg: 12
Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/24/2012 4:38:07 AM
$9k in Canada is still cheap - I'm guessing in those cases it's fairly straight forward.

Mine was a mess, papers being served, re-filing for non-attendance, documents in two countries, complete lack of co-operation, trial rescheduled twice...I ended up paying just under $30k !
 CarKam1
Joined: 9/10/2011
Msg: 13
Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/24/2012 10:06:28 AM
You know damselffish, I did think of that! lol

30K!! Ouch! I'm grateful that my ex is cooperating or else I could see it getting pretty costly (or even more costly). Hopefully I can keep it under 2K and hopefully whoever I hire for help will agree to a payment plan!
 U make it entertaining
Joined: 7/17/2009
Msg: 14
Need help to apply for divorce in Canada without the assistance of a lawyer
Posted: 1/24/2012 6:01:55 PM
Another one of my female acquaintances solicited legal aid.

Do you qualify?
Show ALL Forums  > Off Topic  > Need help to apply for divorce in Canada without the assistance of a lawyer