Me Josée Dufour
A member of the Barreau du Québec since 2012, Josée Dufour practises at Verreau Dufresne Avocats, where she devotes herself to family and youth law. With more than a decade of courtroom experience, she supports her clients in separation, custody, support and adoption matters with rigour, empathy and transparency.
View profileBook an appointmentFacing a divorce, where do you start? In Quebec, the divorce process, whether amicable or not, requires going to court. Our family law lawyers explain the main stages of the court process you will go through.
Step 1: Plan for the consequences of the divorce
When divorce is inevitable, you can start by thinking ahead to plan for its consequences. These consequences of divorce concern, among other things, custody of the children, the family residence, furniture and finances.
Each of these issues can become a major source of stress. The emotions you are going through and the reasons for your separation can make it hard to communicate and get along with your spouse.
Planning the consequences of the divorce carefully allows each spouse to clarify their expectations and find compromises more easily. It also makes the upcoming court proceedings easier and, generally, reduces the impact on family members.
Step 2: The “Application for Divorce”
In Quebec, a divorce must be authorized and made official by a court judgment. You therefore need to open a court file by filing an “Application for Divorce”.
In practical terms, the Application for Divorce is a written court proceeding that sets out the reasons why the divorce should be granted. The person applying for the divorce also sets out their proposal for the division of property, custody of the children and support.
The Application for Divorce is served on the other spouse and then filed at the courthouse.
Our family law lawyers have extensive experience drafting Applications for Divorce. Their knowledge of the law and of case law allows them to identify precisely the facts and arguments to include in your Application to convince the court. Feel free to contact them for help drafting your application or to have them draft it for you.
Did you know?
In Quebec, you cannot apply for divorce on just any ground. You must show that certain specific events have occurred; otherwise, the judge will refuse the divorce. To learn more, see our article on the valid grounds for divorce.
Amicable divorce
In some cases, the spouses can agree on the divorce and its consequences. The application for divorce is then drafted jointly and the court proceedings are simplified. Our family law lawyers regularly act in amicable divorce cases. To learn more, read this article on amicable divorce.
Step 3: The response to the Application for Divorce
The person who receives an Application for Divorce can respond to it by filing a written defence. Clients often ask our lawyers to draft this defence as soon as they receive an Application for Divorce.
The person named in the Application for Divorce has several options. They can accept or contest the divorce. They can also set out, in their own written defence, their proposal for the division of property, custody of the children and support.
Step 4: Temporary orders
Several months can pass between the day the divorce proceeding is filed and the day a divorce judgment is rendered. In an Application for Divorce or in a written defence, the parties can ask the court to rule on certain issues temporarily, for the duration of the proceedings. The next step in the divorce case is therefore to argue these issues before a judge.
Safeguard orders
When temporary issues must be decided urgently, the judge must act quickly and issue the appropriate orders. These urgent orders are called “safeguard orders”. For more details, see the article on safeguard orders prepared by our family law lawyers.
Example: Marie and Paul separated almost two weeks ago. They have a child, Zack, who is five.
Marie stayed in the family residence with Zack and Paul had to move in temporarily with his mother. Marie wants full custody of their son and wants to live in the residence with him for the duration of the proceedings.
Paul strongly objects and the situation gets worse. In her Application for Divorce, Marie asks for a safeguard order on the division of parenting time and the use of the family residence. Their lawyers will argue this issue before a judge on an urgent basis.
At the hearing on safeguard orders, lawyers generally do not have the spouses testify in court. Instead, each spouse gives evidence through a written statement called a “sworn statement”. No witnesses are heard at this hearing.
Any safeguard order issued by the judge is valid for a maximum period of six (6) months, unless there are exceptional circumstances. Orders usually remain in force until the judgment on “provisional measures”. We explain these measures below.
Provisional measures
In a divorce case, a judge can step in to make orders on issues that are not urgent, unlike a safeguard order. These orders are called “provisional measures”. Because they govern a temporary situation, they have no influence whatsoever on how these issues will be decided in the final divorce judgment.
Our lawyers are here for you. Contact us and retain our team. We can represent you to argue, among other things, the following provisional measures:
– The division of custody time for your children;
– The meeting place for custody exchanges;
– Child support;
– Spousal support between former spouses;
– The use of the family residence, the sharing of its costs or its sale.
To obtain a judgment on provisional measures, a hearing must be held before the court. Witnesses are heard and documents supporting each spouse’s claims are filed with the court. The judge hears and analyzes the evidence and renders a decision confirming the measures that will apply for the duration of the divorce proceedings.
Key point: Applications for safeguard orders or for provisional measures are argued before a judge before the main divorce hearing takes place. The orders made at these hearings are temporary. They have no influence on how these issues will be decided in the final divorce judgment. For example, the judge could order an equal division of custody time at the provisional stage, and later order an unequal division in the final judgment.
Step 5: Managing the court file
Before the trial on the divorce, certain steps must be taken to complete your court file.
Completing the file
Before a trial date is set, the court requires various documents. During the proceedings, the following documents are filed in the record:
- Each spouse’s birth certificate;
- The marriage certificate;
- The marriage contract, if there is one;
- All relevant evidence to support your position.
Finally, depending on your situation and what you are asking for in your application for divorce, several other documents may be needed to complete your file, for example:
- A judgment of the Court of Québec, Youth Division;
- Any order, undertaking or recognizance under the Criminal Code concerning one of the spouses or the child;
- The children’s birth certificates.
Where applicable, these documents can be filed in the court record as early as the hearing on provisional measures.
Feel free to consult our family law lawyers to learn more about how a divorce case unfolds or to get support throughout this complex process.
Step 6: The trial
The trial is when the judge hears the witnesses and reviews the evidence. This step is necessary when the parties cannot reach an amicable agreement. All the legal issues are then addressed and decided, including the following:
- Division of parenting time;
- Child support;
- Spousal support;
- Division of all the property making up the family patrimony;
- Division of all the property under the matrimonial regime;
- Etc.
The trial is a critical moment in a divorce case. The court will make its decision based on what was said or presented at trial. It goes without saying that thorough preparation is needed before the trial.
Our family law lawyers regularly plead before the courts in divorce cases. They know the rules of evidence and procedure that apply before the court, as well as the law and case law that apply to divorce. We invite you to retain their services to maximize your chances of success in court.
For more information, see our article on the issues that can be decided in a divorce judgment.
Step 7: The divorce judgment
A judgment on corollary relief, more commonly called a divorce judgment, is rendered at the end of the trial to grant the divorce and settle the entire case for good.
The divorce takes effect on the 31st day after the judgment is rendered. A certificate of divorce is then issued to confirm it.
Contact our family law lawyers
During a divorce, you have to make several practical and legal decisions about how your family will be organized and how your property will be divided. We know it is often hard to find your way when emotions are running high. The emotional side can make communication between spouses difficult, and the court process is a major source of stress. That is why our lawyers are here for you.
Feel free to contact our family law lawyers for legal services tailored to your situation. Our professionals can, among other things:
- Analyze your situation if you disagree on aspects of your divorce;
- Give you a straight answer about your rights and your chances of success;
- Draft your application for divorce, for yourself alone or jointly for you and your spouse;
- Draft your defence if you have received an application for divorce filed by your spouse;
- Present an application for a safeguard order or provisional measures;
- Prepare your evidence (documents and witnesses);
- Represent you in court in a dispute about your divorce;
- Negotiate an out-of-court settlement where possible.
Note: The information above is general in nature and does not constitute legal advice. For advice on your particular legal situation, feel free to contact one of our lawyers in Québec City or Lévis.
