Questions that others have asked.

Who are you?

Candivorce.ca is a legal business helping you with your divorce. You are dealing with Canadian specialists dealing with Canadian law. Our team leader is Colin Kennedy. Read more by clicking on About Us.

What if I want support payments and custody, and there might be a fight?

You and your spouse must follow the rules of The Divorce Act and the Child Support Guidelines. It is a myth that you need his/her permission for support money or for starting your divorce.

May I ask my own questions?

Send an e-mail and 93% of the time you will get an intelligent one-on-one response from a divorce specialist within an hour. That includes weekends and eveings too. Often people think its a computer doing an auto-response thing; it's a real person tasked to be on call for you.

What are the court costs?

Administration fees payable to the province. Does not include the final Certificate.
British Columbia $312
Alberta $210
Manitoba $155
Saskatchewan $250
Ontario $447
Nova Scotia $234
New Brunswick $100
Prince Edward Island $100

Are there hidden fees?

No, unlike the airlines, or auto retailers, or law firms - CanDivorce.ca does not have hidden fees. None!

How do I serve the papers?

Usually it is not a hurdle. In most provinces you may not serve the papers yourself, some provinces allow a kinder approach, some allow you to mail the forms, hand them to the respondent yourself or have someone do it for you. A a client of Candivorce.ca Inc. you will receive help with the acceptable methods of getting a copy into the hands of your ex-to-be.

Is this method legal?

Oh yes. At the end of the day you are divorced. We must comply with the federal regulations and provincial rules. The only difference is that we tend to get things done faster - and it will cost you only a fraction of what a lawyer would charge for exactly the same work.

What if he/she is long gone to China or South Africa?

It can be a big legal problem when you don't know his/her address, let alone what country. You can still get divorced - by following the rules of court procedure. There a couple of steps in your way, but it is part of my job to guide you through that process.

How Much child support do I pay?

The federal government has child support guidelines with separate tables for each province. On the surface it looks simple, and it is if you like accounting.

The basics:

• The divorce judge follows the Child Support Guidelines.
• The spirit of the guidelines is such that both parents are expected to contribute financially.
• The amount is determined by province, the number of children, and income of the person paying.
• A man in Ontario who earns $50,000 per year would pay to his ex, $700 per month for 2 kids.
• If she won the lottery? He would pay the same $700 per month, and be really nice to her.
• Read the whole 50 pages here.

How do I split pensions?

CPP and private pensions can be seen as an article.

How long does it take?

From start to finish you can expect it to take at least 90 days to get your divorce judgment in hand.

Is there a waiting period?

It depends on the reason for divorce. If your divorce is based on separation, then you need to be separated for one year. Some courts will permit an earlier filing. If your divorce is based on adultery by the other party, or based on mental or physical cruelty, then there is no waiting period.

Should I agree to attempt a reconciliation?

It's your call. As far as the provincial courts are concerned they prefer for you to make an attempt. In fact, it is the duty of the court to ask you is there is a chance of reconciliation and what, if any, attempts you have made. Both parties must agree to the attempt. You can read the helpful article Should I Reconcile?

What is the benefit to a joint petition?

A joint petition does not mean faster. This question has a longer answer at a special page.

Is my personal information secure?

The information you send us is indeed secure. It's all scrambled and encrypted so that no one else can read it. We at candivorce.ca do not share your information with anyone but you.

Can my spouse refuse a divorce?

If you have been separated for more than 12 months, there are no grounds to oppose a divorce.

What happens if my spouse and I still reside under the one roof?

It is possible to prove separation even if you still live in the same house as long as the three elements of separation are present. The action of separating must involve an open and complete break from the marital relationship and may include:

• the ceasing of sexual activity
• living in separate rooms
• operating separate bank accounts
• not sharing meals
• not providing household services
• not sharing mutual entertainment inside or outside the home
• not representing to relatives, neighbours or friends that the marriage is continuing

How are children defined?

SeeThe Divorce Act "child of the marriage" means a child of two spouses or former spouses who, at the material time, a is under the age of majority and who has not withdrawn from their charge, or b is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.

But my children are adults.

Your children may be adults, but most judges expect that they be informed of any children of the marriage, regardless of age, even if there are no claims for the children. So, yes, even if they are in their 30's the names appear on the forms.

How do I deal with property?

Real estate needs the help of a real estate lawyer, see an overview with an article.

When I "send to a friend" is it secure?

When you use this button, it launches your own e-mail program. It automatically adds your address a subject line (which you can change) and inserts this web address. In accordance with our privacy policy, we do not capture either address. Yes, it is secure. It's all part of maintaining your privacy.

Does my divorce kill my separation agreement?

No. Your divorce legally ends the marriage. Any agreements are still in force until you decide to change them yourself.

What happens if my spouse files an objection?

Please accept that it can happen, even if you are sure that he or she had told you otherwise. A judge will decide if the reply holds water, and rarely a court date be set to hear what she or he has to say.

Can I do it myself?

A DIY divorce is possible only if you have the time and knowledge. You can read straight words about DIY divorce in an article called Do It Yourself.

Is there a guarantee?

We are human. You are too, and sometimes we make spelling errors. Let us know and you'll get new documents, and there is no time limit on the guarantee. Moreover, you have unlimited e-mail support through the entire process.