{"id":19229,"date":"2022-10-07T16:40:12","date_gmt":"2022-10-07T20:40:12","guid":{"rendered":"https:\/\/www.verreaudufresneavocats.com\/?p=19229"},"modified":"2025-10-29T11:24:30","modified_gmt":"2025-10-29T15:24:30","slug":"filing-for-divorce-quebec-steps","status":"publish","type":"post","link":"https:\/\/www.verreaudufresneavocats.com\/en\/publications\/family-law\/filing-for-divorce-quebec-steps\/","title":{"rendered":"Filing for Divorce in Quebec: Steps and Procedures"},"content":{"rendered":"\n

Facing a divorce, where do you start? In Quebec, the divorce process, whether amicable or not, requires going to court. Our family law lawyers<\/a><\/strong> explain the main stages of the court process you will go through.<\/p>\n\n\n\n

Step 1: Plan for the consequences of the divorce<\/strong><\/h2>\n\n\n\n

When divorce is inevitable, you can start by thinking ahead to plan for its consequences. These consequences of divorce<\/a> concern, among other things, custody of the children, the family residence, furniture and finances.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Step 2: The \u201cApplication for Divorce\u201d  <\/strong><\/strong><\/h2>\n\n\n\n

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 \u201cApplication for Divorce\u201d. <\/p>\n\n\n\n

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.<\/p>\n\n\n\n

The Application for Divorce is served<\/span> on the other spouse and then filed at the courthouse.<\/p>\n\n\n\n

Our family law lawyers<\/a> have extensive experience drafting Applications for Divorce. Their knowledge of the law and of case law<\/span> 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.<\/p>\n\n\n\n

Contact a lawyer<\/span><\/a><\/div>\n\n\n\n
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Did you know?<\/strong>
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<\/a>.<\/p>\n<\/blockquote>\n\n\n\n

Amicable divorce<\/strong><\/h3>\n\n\n\n

In some cases, the spouses can agree on the divorce and its consequences. The application for divorce is then drafted jointly <\/strong>and the court proceedings are simplified. Our family law lawyers<\/a> regularly act in amicable divorce cases. To learn more, read this article on amicable divorce<\/a>.<\/p>\n\n\n\n

Have my amicable divorce application drafted<\/span><\/a><\/div>\n\n\n\n

Step 3: The response to the Application for Divorce  <\/strong><\/p>\n\n\n\n

The person who receives an Application for Divorce can respond to it by filing a written defence<\/strong>. Clients often ask our lawyers to draft this defence as soon as they receive an Application for Divorce.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Step 4: Temporary orders<\/strong><\/h2>\n\n\n\n

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<\/strong>. The next step in the divorce case is therefore to argue these issues before a judge.<\/p>\n\n\n\n

Safeguard orders<\/strong><\/h3>\n\n\n\n

When temporary issues must be decided urgently<\/strong>, the judge must act quickly and issue the appropriate orders. These urgent orders are called \u201csafeguard orders<\/strong>\u201d. For more details, see the article on safeguard orders<\/a> prepared by our family law lawyers.
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Example<\/strong>: Marie and Paul separated almost two weeks ago. They have a child, Zack, who is five.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n<\/blockquote>\n\n\n\n

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 \u201csworn statement\u201d. No witnesses are heard<\/strong> at this hearing.<\/p>\n\n\n\n

Any safeguard order issued by the judge is valid for a maximum period of six (6) months<\/strong>, unless there are exceptional circumstances. Orders usually remain in force until the judgment on \u201cprovisional measures\u201d. We explain these measures below.<\/p>\n\n\n\n

Provisional measures<\/strong><\/h3>\n\n\n\n

In a divorce case, a judge can step in to make orders on issues that are not urgent<\/strong>, unlike a safeguard order. These orders are called \u201cprovisional measures<\/strong>\u201d. Because they govern a temporary situation, they have no influence whatsoever on how these issues will be decided in the final divorce judgment.<\/p>\n\n\n\n

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Our lawyers are here for you. <\/strong>Contact us<\/a> and retain our team. We can represent you to argue, among other things, the following provisional measures:<\/p>\n\n\n\n

\u2013 The division of custody time for your children;
\u2013 The meeting place for custody exchanges;
\u2013 Child support;
\u2013 Spousal support between former spouses;
\u2013 The use of the family residence, the sharing of its costs or its sale.<\/p>\n\n\n\n

Contact a lawyer<\/span><\/a><\/div>\n<\/blockquote>\n\n\n\n

To obtain a judgment on provisional measures, a hearing must be held before the court. Witnesses are heard and documents supporting each spouse\u2019s 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<\/strong>.<\/p>\n\n\n\n

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Key point<\/strong>: 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<\/strong>. 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.<\/p>\n<\/blockquote>\n\n\n\n

Step 5: Managing the court file<\/strong><\/h2>\n\n\n\n

Before the trial on the divorce, certain steps must be taken to complete your court file.<\/p>\n\n\n\n

Completing the file<\/strong><\/h3>\n\n\n\n

Before a trial date is set, the court requires various documents. During the proceedings, the following documents are filed in the record:<\/p>\n\n\n\n