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Do we need an attorney for divorce?

Anonymous Asked:

Both me and my husband agree to divorce. We aren't exactly rich. Can we fill up forms somewhat and then get divorce somehow without all the fighting, lawyers, court...etc?
we have a kid, 6 years old and I will be in charge of him completely, my ex-husband is going back to japan. I have someone else in my life for the past two months but we don't live together. Thanks

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Andrew Heft
10 years ago

Contrary to most common law jurisdictions in Canada, there is no form that can be filled out and filed in order to obtain a divorce in Québec.

That doesn't mean you cannot file a divorce without fighting or help from lawyers.

It is possible to file an uncontested or joint divorce in Québec. Lawyers can help both yourself and your spouse prepare the necessary documents together. The usual practice is to charge a fixed rate for this, half being payable upon opening of the file and the second half upon the rendering of the judgment of divorce.

Otherwise, resources exist at public libraries that explain how to prepare the necessary paperwork to file a joint divorce and how to proceed to file these with the Courthouse.

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