Asking for a Divorce

Heike Kampe / iStock / Thinkstock

To ask for a divorce, you must file certain documents in court. A request for a divorce  is officially called an "Application for Divorce." It's the beginning of the divorce process. 

Some people prepare the application on their own using the sample Application for Divorce the government provides (Form I). However, this model is not very detailed and doesn't necessarily cover the specific circumstances of all divorces.

The best way to protect your rights when asking for a divorce is to have a lawyer prepare the application for divorce.

Beginning the Divorce Process 

Even if you hire a lawyer, the lawyer must attach certain documents to the application for divorce. These are documents you already have or can easily get your hands on.  

Documents You Need When Asking for a Divorce

These documents must usually be attached to an application for divorce:

  • birth certificates for both spouses
  • spouses' marriage certificate
  • spouses' marriage contract, if there is one

In some cases, other documents are needed too:

Consequences of a Divorce Application

There are many serious consequences of filing a divorce application. For example, the spouses may be wondering

A lawyer can set your mind at ease by providing advice that applies to your specific situation.If the spouses aren't able to reach an agreement, a temporary judgment can settle any emergencies until the divorce is final.

Collaborative Divorce

A collaborative divorce saves time and money. It's definitely something to keep in mind.

Important !
This article explains in a general way the law that applies in Quebec. This article is not a legal opinion or legal advice. To find out the specific rules for your situation, consult a lawyer or notary.