In Quebec, a divorce is resolved in one of two ways: amicably, through a joint application when the spouses agree on everything, or as a contested case when disagreements remain. In both cases, the Superior Court grants the divorce, which takes effect on the 31st day after the judgment. How long it takes and what it costs depend mostly on your ability to agree on the children, support payments and the division of property.
Here are the steps, the requirements and the factors that affect the length and cost of a divorce in Quebec, to help you approach what comes next with more clarity.
Who can apply for a divorce in Quebec?
Divorce only applies to married people. Spouses in a civil union end their union through a dissolution proceeding, and common-law partners separate without any divorce proceeding (read our article on the separation of common-law partners).
Divorce is governed by the Divorce Act, a federal statute. To apply to a Quebec court, one of the spouses must have been habitually resident in Quebec for at least one year before the application is filed.
Grounds for divorce: breakdown of the marriage
The law recognizes only one ground: breakdown of the marriage. It is established in any of the following cases:
- the spouses have lived separate and apart for at least one year before the court makes its decision, and were living separate and apart when the proceeding began;
- the other spouse has committed adultery;
- the other spouse has treated you with physical or mental cruelty that makes continued cohabitation intolerable.
One year of separation is by far the most common ground. The application can be filed before the year is over, but the judgment will only be granted once the year has passed. Living together again in an attempt to reconcile, for one or more periods totalling no more than 90 days, does not interrupt that period.
Uncontested or contested divorce: what is the difference?
The joint application (uncontested divorce)
When you agree on all the consequences of the breakdown, you can file a joint application together with an agreement. That agreement usually covers:
- parenting time and decision-making responsibility for the children;
- child support and, where applicable, spousal support;
- the division of the family patrimony and the liquidation of the matrimonial regime;
- what happens to the family residence and joint debts.
The court checks that the agreement sufficiently protects the children’s interests before approving it. This is generally the fastest and least expensive route.
The contested divorce
If one or more issues remain in dispute, one spouse files an application for divorce and the other may respond. The case then follows the steps of a court proceeding: exchange of documents and financial information, interim measures if needed (for example to organize the children’s custody or support until judgment), and then a hearing before a judge. A settlement can be reached at any time, including at a settlement conference presided over by a judge.
The steps of a divorce in Quebec
- Get advice and take stock. Gather your documents (marriage certificate, proof of income, pension plan statements, property titles, marriage contract if any) and have your rights assessed.
- Try to reach an agreement. The Divorce Act asks the parties, where appropriate, to try to resolve their issues through a family dispute resolution process such as mediation or negotiation between lawyers.
- Prepare and file the application. The application, joint or not, is filed with the Superior Court in the appropriate district, together with the required documents, including the child support determination form when there are children.
- Settle the corollary issues. Custody, support and the division of property are resolved by agreement or by the court.
- Obtain the judgment. The divorce takes effect on the 31st day after the judgment, subject to exceptions.
Your duties since the 2021 reform
Since its reform came into force on March 1, 2021, the Divorce Act has imposed specific duties on the parties:
- exercise their parenting time, decision-making responsibility or contact with the child in a manner consistent with the child’s best interests;
- do their best to protect the children from conflict arising from the proceeding;
- to the extent that it is appropriate to do so, try to resolve their disputes through a family dispute resolution process, such as mediation or negotiation;
- provide complete, accurate and up-to-date information when the law requires it;
- comply with orders until they are no longer in effect.
Each party must state, in their application or response, that they are aware of these duties. The lawyer representing them must, in turn, certify that they have informed their client of these duties and of family dispute resolution processes.
What role does family mediation play?
Family mediation lets you negotiate an agreement with the help of an accredited, impartial mediator. According to Quebec’s Ministère de la Justice, couples with dependent children in common may receive up to 5 hours of free mediation for a separation, with a mediator who takes part in the government program. A service is also available, under certain conditions, to couples without dependent children in common.
If you have children and disagreements remain when your case is to be heard by a judge, you are legally required to attend the group information session on parenting after separation, offered free of charge online. An exemption is available to a person who is a victim of domestic violence.
Mediation does not replace legal advice: it is still wise to have a lawyer review the draft agreement before you sign it.
How long does a divorce take in Quebec?
There is no single timeline. Several factors come into play:
- the ground invoked: in the case of separation, judgment cannot be granted before one year of living apart;
- the level of agreement: a complete joint application moves much faster than a contested case;
- the complexity of the file: number of children, a business, property to value, pension plans;
- court delays in your judicial district.
Once the judgment is rendered, the divorce takes effect on the 31st day after it, unless the court shortens that period in special circumstances and the spouses agree not to appeal.
How much does a divorce cost in Quebec?
The cost of a divorce depends mostly on how much the spouses disagree. The main items to plan for are:
- lawyer’s fees, which depend on the time spent on the file;
- court and service fees;
- mediator’s fees beyond the hours covered by the government program;
- expert fees, for example to value a house, a business or a pension plan.
A well-prepared uncontested divorce generally costs much less than a trial. Depending on your income, you may also be eligible for legal aid. At a first consultation, a lawyer can give you an estimate tailored to your situation.
Frequently asked questions
Can you get divorced without a lawyer in Quebec?
Yes, the law allows you to represent yourself. However, the financial consequences of a divorce, particularly regarding the division of the family patrimony and support, are significant and often hard to correct afterwards. Having a lawyer at least review your agreement is a wise precaution.
Do you have to wait one year of separation before filing?
No. The application can be filed as soon as you separate, but if the ground invoked is separation, the divorce judgment will only be granted after at least one year of living apart. Interim measures can be requested in the meantime.
What happens to the children during the divorce?
The court considers only the best interests of the child when deciding parenting time and decision-making responsibility. To learn more, read our guide on child custody in Quebec and our article on how child support is calculated.
Has the Divorce Act changed recently?
Its last major reform came into force on March 1, 2021. It replaced the concepts of custody and access with parenting time and decision-making responsibility, set out the factors used to assess the child’s best interests, gave explicit weight to family violence and set rules for significant relocations, which require at least 60 days’ written notice. To learn more, read our guide on child custody in Quebec.
Does the divorce automatically settle the division of property?
The division of the family patrimony and the liquidation of the matrimonial regime are among the issues to be settled in the divorce, by agreement or by judgment. They do not happen on their own: they must be included in the agreement or submitted to the court.
Talk to a family lawyer
Every divorce is different. A lawyer can help you assess your options, prepare a balanced agreement or defend your rights if the case is contested. Our lawyers in Montreal and the West Island, at our Pointe-Claire office, can guide you at every step. To learn more about how we can help, visit our divorce lawyer in Montreal page or our family law page.
To discuss your situation, call Liverman Arrais at (438) 861-9500 or write to us using our contact form.
This article provides general legal information and does not constitute legal advice. Every situation is different: consult a lawyer for advice tailored to yours.