The short answer is yes, you can. Ninety percent of divorces in Canada do not need a lawyer — the couple divorcing do not have a complicated financial situation and agree that they want their marriage to end.

The legal requirements for a divorce are regulated by the federal Divorce Act of 1986; the process varies a little between provinces because of variations in the way provincial courts handle the steps.

Do You Really Want to Divorce?

This should always be your first question. There may be alternatives. Here in no special order are four:

  • A period of separation may give both of you a better perspective on your relationship and issues.
  • Marriage counsellors can and do help couple to identify and resolve issues, even when those issues sometimes seem impossible to fix.
  • Parenting classes can be very helpful if the introduction of children into the marriage is part of the stress.
  • Having a frank and open discussion with a money counsellor may be a better solution than splitting up.

If none of those options feels right, or you have "been there, tried that" and it didn't work, here is what you need to know about doing your own divorce.

Reasons for Divorce

The only reason a court will grant a divorce in Canada is breakdown of the marriage. There are three reasons for breakdown in the Divorce Act:

  1. Separation: you and your spouse have lived separate and apart for at least one year.
  2. Adultery: you are claiming a divorce against your spouse because your spouse has had a volutary sexual relationship outside your marriage.
  3. Cruelty: Your spouse has committed acts of physical or mental cruelty on you.

Of the three reasons above, only separation should be used in a do-it-yourself divorce.

If adultery or cruelty is the reason you want a divorce, you should seek legal help. The same applies to spousal desertion. Cruelty, adultery, and desertion almost always result in legal conflict and you need a lawyer to help with such claims.

If you and your spouse mutually agree to live separate and apart for a year, you have the first step towards doing your own divorce application.

Separation Agreements

A separation agreement is a form of contract between you and your spouse. In it, the two of you reach a written agreement on the basic terms of your divorce. While a separation agreement is not an essential part of a do-it-yourself divorce, it can be very helpful in two ways:

  1. Working through the terms of a well-constructed separation agreement will make you and your spouse focus on the things the law requires you to agree upon for an uncontested divorce. If you cannot agree on the terms, counseling or the help of a lawyer will be needed.
  2. Presenting a proper separation agreement to the court during your divorce application helps reinforce to the court that you and your spouse have addressed the terms of the Divorce Act and agreed to abide by them.
Further Reference We provide a wide range of books and downloadable kits to help couples with divorce

See the complete list in our Web store.

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36 Comment(s)
Mike
Oct 22, 2013 15:02
We married 6 years ago. She left me 4 years ago, and I have no idea of her whereabouts. She left B.C. and I don't know where she lives. What are my options.
Richard_Day
Oct 24, 2013 08:32
This is a fairly common situation. There is a legal process in BC called "substitutional service" in which the divorce court requires certain searches to be undertaken to confirm and document that the person cannot be found/does not respond. This requires an application to the divorce court and affidavits to be signed by a lawyer. So the process is no do-it-yourself, and we recommend you contact a divorce lawyer to help. Richard Day
Kyla
Sep 29, 2013 19:17
What if I already have sole custody and guardianship and there is a life time police inforced restraining order. I do not know where he is and I dont want him knowing where I am. Can I file myself. Does he have to be served?
Richard_Day
Oct 01, 2013 16:26
There s a process involving searching for someone and then declaring to the divorce court that the person could not be found. Your best approach to do this successfully is to work with a lawyer, both because the search needs to be documented to the court and because a lawyer can help you keep your location anonymous. Richard DayPublisherSelf-Counsel Presshttp://www.self-counsel.com
Lori
Aug 15, 2013 13:44
If I have a lawyer for m y divorce does my ex have to also have one?
Richard_Day
Aug 16, 2013 13:17
If you and your ex are not in agreement on issues such as child support and access, and spousal support (both covered by federal legislation) and/or issues like property, then yes your spouse will want to have a lawyer as well. Bear in mind that the cost of lawyers can be greater than anything you might save in a disputed divorce. A divorce by agreement, without involving lawyers, is a less costly approach, if you can agree on key issues. Richard Day
Richard_Day
Jan 10, 2013 10:09
Assuming you are using one of our provincial divorce kits, the procedures and legal requirements for proper handling of the Affidavit of Personal Service are spelled out in detail in the kit. Any deviation from those steps would almost certainly cause the application to be rejected in the courts. Richard DayPublisherSelf-Counsel Press
Jackie
Jan 05, 2013 11:05
Hello, I'm doing my own divorce preparation here in Canada as I live here for over 12 months. Am separated from my husband for more than 32 years and never lived in a marriage kind of relationship. I sent an Affidavit of Personal Service delivered to him by one of my relative in my country and confirmed that he received it and he knew and is not against it. Do I need to have the affidavit back here with me? Does it need notarization from lawyer in my country before they send it back to me?
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