Our lawyers are often involved in divorce procedures in Quebec. They have particular and profound expertise in the Quebec divorce procedure specificities. Also, our lawyers work often with divorce files involving questions of international family law.
Reasons to go for divorce in Quebec
Divorces in the province of Quebec are regulated by the Divorce Act, a federal Canadian law. (It’s important to mention that significant modifications in the Divorce Act are coming in force on July 1, 2020. Contact our lawyers for more details of those modifications and their impact on the divorce procedure).
According to the Divorce Act, three situations justify an application for divorce in Quebec:
Separation for at least one year
This is one of the most frequent reasons to apply for divorce in Quebec. What is important is that the spouses should not have come back to live together again during these 12 months of separation. It should be no chance for reconciliation either.
Adultery
It’s also possible to apply for divorce because of adultery. Adultery could be proven either by direct evidence or on the balance of probabilities (circumstantial facts which would prove indirectly that infidelity took place).
Physical or mental cruelty
Physical or mental cruelty show itself in a ruthless attitude of one of the parties. The misconduct in question should be serious, grave and important. In general, if the application for divorce is based on mental cruelty, it is essential to prove that particular actions made continuation of common life intolerable. Relevant factors include social status of the spouses, their age, their characters, also intentions of the one committing reprehensible actions and their effects on the other spouse. Current case law makes it clear that assessment of cruelty is made on both objective and subjective criteria, as the same facts could have different effects depending on one’s personality.
Divorce in Quebec: practical aspects
Benefit of an initial consultation with one of our lawyers:
We offer an initial consultation for $125. This first consultation can be arranged by telephone or videoconference if you so prefer (for example, if you are abroad). It can also be in person in our office at 4621 Boul. St-Laurent in Montreal, Quebec. During this initial consultation, you will share your story and concerns with a lawyer. The lawyer will advise you then about further steps in divorce and other available options. The lawyer could also inform you about some additional aspects: partition of the family assets, child custody and access rights.
Applying for Divorce:
One can apply for divorce to the Superior Court of Quebec in one of the judicial districts. There are several of those: Montreal, Laval, Longueuil, Saint-Jérôme, Joliette, Valleyfield, etc. Our lawyers will advise you regarding the appropriate judicial district for your application.
Some documents should be attached to your application, for example:
- Copies of the spouses’ birth certificates,
- Original of the marriage certificate,
- Proof of the parties’ revenue,
- Other relevant documents, depending on the case.
Accessory measures
Application for divorce in Quebec should equally treat several accessory matters:
- Partition of assets:
Divorce in Quebec implies partition of property according to the law. This includes questions of family patrimony, matrimonial regime, prenuptial contracts, etc. Those questions are usually quite complicated, and a lawyer’s help is often required.
- Child custody in Quebec:
In your application for divorce, it’s also possible to ask for an order concerning your children’s custody. This custody could be shared or exclusive. The judge will take into account several criteria to decide on the question of custody: the child’s age, his (her) needs, ability of each of the parents to meet those needs, relationship of the child with each of the parents, the child’s relationship with other family members, stability of the child’s situation, the child’s physical and mental health.
- Support Payments:
You can also apply for support payments for your children or for yourself as a spouse. Certain conditions apply, it’s preferable to discuss them with your lawyer in advance.
Do not hesitate to contact Allen Madelin lawyers at 514-904-4017 or by email: [email protected] for more details.
