General informations
Conditions for obtaining a judgment
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To initiate your proceedings in Quebec, you must have resided in Quebec for the past twelve months. The place of marriage or civil union is of no importance.
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Additional conditions specifically for a divorce
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​ There are three grounds for seeking a divorce in Canada. Adultery, physical or mental cruelty and living apart from each other for more than a year. But it is only the separation of more than one year that makes it possible to present a joint application for divorce. You can live apart from each other and cohabit under the same roof for economic or other reasons and generally for a temporary period, but you must live at different addresses when the proceedings are initiated.
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Additional condition specifically for a dissolution of civil union
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For the dissolution of a civil union, your will to live together must be irremediably affected.
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Additional condition specifically to cancel child support
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To have child support cancelled, all your children in common must be adults and independent. Otherwise, we will talk about a modification of alimony. You will need to choose a custody and child support package.
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Documents required to obtain a judgment
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To proceed with your file, you will need a photocopy of the birth certificates of both parties (spouse, parents or partners) and those of your children in common (when applicable)
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Documents specifically for a divorce, une dissolution of civil union or legal separation
Your marriage or civil union certificate. When you are married in Quebec, your marriage or civil union certificate must come from the Direction de l'état civil. It's blue and looks like a birth certificate. This is not your marriage statement. If you don't have it or have never had it, you must order it. Everyone must provide these documents without exception. If you are married in another country, you must provide the original of the marriage certificate.
Likewise, you will need a copy of your marriage or civil union contract, your contract excluding the application of family patrimony and the original of your legal separation judgment, only if one or the other of these last three documents is applicable to your situation. Thus, if you have not made a marriage contract with a notary or a legal separation judgment, you do not have to worry about these documents.
Documents specifically for the case where you have dependent children in common
Finally, when you have dependent children, each of the two parties must, obligatorily for all, have in their possession their last Quebec notice of assessment, the four pages of their last Quebec tax return and their last three pay stubs. These are three different sets of documents!
In all cases
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Documents must be written in French or English. Otherwise, they must be accompanied by the original an official translation prepared by a translator from the Order of Translators of Quebec.
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If you are missing documents at the time of the meeting, there will be an additional management fee of $ 50 per missing document which will be added to the fees. If you would like me to order a document for you from the Directeur de l'état civil du Québec, the cost will be $ 150 (taxes and fees included). Note that you can order your documents yourself, for a cost of $ 34 to $ 66.
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Time required to obtain a judgment
Time required specifically for a divorce, une dissolution of civil union or legal separation
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Depending on your judicial district, the judgment is generally rendered within six to nine monthsf ollowing the filing of all court proceedings. However, the Court is not bound by this deadline and it is always possible that the judgment will be rendered more than nine months after the filing of the proceedings, although this is very unusual.
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Time limits required specifically to cancel child support or for custody and child support
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Depending on your judicial district, the judgment is generally rendered within six to nine weeks following the filing of all court proceedings. However, the Court is not bound by this deadline and it is always possible for judgment to be rendered more than nine weeks after the filing of the proceedings, although this is very unusual.
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Progress of the file to obtain a judgment in person
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First, you will need to make an appointment for the in-person appointment. Both parties will need to attend a single in-person meeting of one to two hours, where documents will be prepared, signed and sworned. Thereafter, you will have nothing more to do. The proceedings will be sent to the Court, the judgment will be rendered without a hearing and we will forward your judgment to you upon receipt. Likewise, for the divorce certificate if applicable.
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Progress of the file to obtain a judgment by videoconference
First, you will need to make an appointment for the videoconference. Then, you will have to complete a questionnaire concerning the relevant information in your file (one questionnaire for both parties). Then, you will have to pay a deposit to cover the costs and fees for your file. The payment of the fees must be made when you complete the questionnaire or at least 72 hours before the videoconference. Finally, you must send us a photocopy of all the documents required for your file, at least 72 hours before the videoconference. You will receive a reminder email to this effect which will indicate the required documents.
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You and the other party will have to attend a single meeting by videoconference of one to two hours, where the documents will be prepared, signed and sworned. You will then have to send me all the documents by mail to my office. Thereafter, you will have nothing more to do. The proceedings will be sent to the Court, the judgment will be rendered without a hearing and we will forward your judgment to you upon receipt. Likewise, for the divorce certificate, if applicable.
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There will be an additional charge of $ 100 by additional appointment. Particularly if you are in two different physical locations at the time of the videoconference, since you will have to sign the same documents. In this case, the first party to sign must send the original documents by post to the second party. Then, the second party will have to make a new appointment by videoconference or in person for the signature and the oath. Finally. the second party will have to send me all the documents by post.
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Progress of the file to get a judgment on a do it yourself package
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First, you will have to answer a questionnaire concerning the information relevant to your file. In addition, you will have to pay a deposit depending on the package chosen and you will be able to do so at the end of the questionnaire.
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Within 2 working days following receipt of the completed questionnaire and the deposit, you will receive all the documents necessary for your file in PDF by email, as well as detailed instructions for proceeding yourself to obtain your judgment. It may occasionally happen that the deadline for producing documents exceeds 2 days during very busy periods.
This package does not include any consultation, conversation or exchange to answer your questions. This service is appropriate only if you already have an agreement between you regarding your entire file. My work is only a work of drafting and preparing documents.
If you make a mistake while answering the questionnaire, you will be responsible for the result. There will be no cross-checking of your information and if you reverse your first and last name or omit accents, it will be your responsibility. A fee of $ 50 will be charged to correct an error for which you are responsible.
If ever an error on my part slips into the documents, I will correct it free of charge. In any case, you understand that my responsibility is limited to correcting the error.
By retaining my services with the do it yourself by email package, you have clearly waived the right to a consultation concerning your file. You acknowledge that you have never received and will never receive any legal opinion regarding your documents from me. You declare that you are fully aware of your rights and obligations and therefore waive the right to receive a legal opinion concerning your case.
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There is usually a very small difference in total cost between the in-person all-inclusive service and the do-it-yourself service.
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The detailed fees to obtain a judgment in person
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Costs detailed specifically to cancel child support
For the all-inclusive package in person, it will cost you a total amount of $ 700, taxes included. Court stamp fees are included with this option.
For all other files
For all other all-inclusive packages in person, it will cost you a total amount of $ 500, taxes included, if you have no dependent children or $ 700, taxes included, if you have at least one dependent child. Court stamp fees are included with this option.
To benefit from this rate when you have no dependent children, you must never have had recourse to subsidized mediation before. And when you have at least one dependent child, you must not have had recourse to it during the last twelve months or you must have undergone a significant and major change in your financial or family situation since your last mediation. Otherwise, it will cost you a total amount of $ 750, taxes included, if you have no dependent children or $ 1,000, taxes included, you have at least one dependent child.
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The detailed fees to obtain a judgment by videoconference
Costs detailed specifically for an annulment of alimony
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For the all-inclusive video conferencing package, it will cost you a total amount of $ 800, taxes included. Court stamp fees are included with this option.
For all other files
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For an all-inclusive video conferencing package, it will cost you a total amount of $ 600, taxes included, if you have no dependent children or $ 850, taxes included, you have at least one dependent child. Court stamp fees are included with this option.
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To benefit from this rate when you have no dependent children, you must never have had recourse to subsidized mediation before. And when you have a dependent child, you must not have had recourse to it during the last twelve months or you must have undergone a significant and major change in your financial or family situation since your last mediation. Otherwise, it will cost you a total amount of $ 800, taxes included, if you have no dependent children or $ 1,100, taxes included, you have at least one dependent child.
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The detailed fees to get a judgment on a do it yourself package
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For a do it yourself package,the price is $ 230, taxes included, if you have no dependent children or $ 500, taxes included, if you have at least one dependent child.
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Court fees specifically for a divorce, une dissolution of civil union or legal separation
Since January 2023, the Court has been charging $ 112, non-taxable, for court stamp fees to obtain a judgment. In the case of a divorce, there are also costs of $ 10 for the divorce register for a total amount of $ 122. Consequently, for a divorce it will cost you a total amount of $ 352 if you have no dependent children or $ 622 if you have at least one dependent child.
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Court fees specifically to cancel child support or for custody and child support
Since January 2023, the Court has been charging $ 167, non-taxable, for court stamp fees to obtain a judgment. Consequently, it will cost you a total amount of $ 397 in the case of cancellation of alimony or $ 667 in the context of a custody and pension file.
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For more specific information, you can call 514-639-5611 or write to info@rupturequebec.com