The paperwork and exact requirements for filing for a divorce are different from province to province. However, most of the requirements are quite similar. For instance, every province needs some kind of dissolution-of-marriage form.
The type of papers needed for a divorce will also be dependent on whether your divorce is uncontested or contested. In the latter the amount of paperwork required will be significantly higher; this is because the divorce proceedings will have to be held in court or a trial may be required; this involves a considerable amount of paperwork such as legal contracts and other similar documentation.
Going through divorce proceedings can be extremely stressful and it’s never easy; this is why having a great divorce lawyer by your side can make all the difference to your case. The different documents you will need for a divorce include:
1. Annulment/ dissolution-of-marriage form
In every province, the requirement is that at least one spouse has to file a petition for the dissolution of marriage in their local court where she/he resides. This petition is essentially a formal request to the court for the divorce; it marks the beginning of the legal divorce process. The petition then has to be served on the other spouse. This petition includes various pieces of information such as- the reason for the divorce, the contact information for both the spouses, as well as the terms that the petitioner is asking for: e.g. – requests for child support or alimony etc.
2. Settlement agreement
As soon as both the spouses have agreed to all the terms of the divorce, the settlement agreement will be drawn up by the divorce lawyer. In the case of an uncontested divorce, this might be done either prior to or post filing of the petition. In contested divorces, the settlement agreement might be drawn up in the course of the negotiations or post the trial. This agreement is a document that is drawn up by the divorce lawyer; it has all the terms of the divorce settlement. e.g.: division of property and child custody agreements.
3. Financial documentation
Both the spouses in that divorce are required to submit documents setting out all their finances. This documentation is especially important in case of a contested divorce and your divorce lawyer will tell you what paperwork is needed. The judge may use the documents as the basis of his judgment for the settlement. The financial disclosure forms might include tax returns copies for the previous 3-5 years, a financial affidavit that makes note of sources of income as well as expenses and the information on bank accounts, property, and debts.
4. Parenting plan
If there are any minor children involved in the divorce, in addition to all the above-mentioned documents, the court will also require documents that set out details of the support and child custody arrangements. The requirements for this differ from state to state.
Divorce can be a very stressful experience, but an experienced and knowledgeable divorce lawyer can guide you through the entire process to ensure that all the paperwork is in place and that the right procedures are followed. He will provide you all the relevant information you need and will be by your side supporting you right from the initial consultation all the way through the hearings, the trial as well as executing court orders.
To help you in this legal process, call on the expertise of a lawyer like Daniel Cooper. With over 20 years of experience behind him, Mr. Cooper knows exactly how to make the process as seamless as possible for you. The number to call is (514) 694-0013 [EXT. 224]. You also have the option to schedule a confidential consultation with him via this online form.