How
long does a divorce take in my Province?
This question depends on the province you are in. See our Provincial
Divorce Laws page. For example: a divorce in Michigan takes
60 days without children and 180 days (6 months) with children.
This time period begins from the time you first file your first
papers with the court. Call your Circuit Court in your county to
find out your exact "Waiting Period". Back To Top / See
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Can
the waiting period be waived?
The waiting period is part of the divorce process. Yes, sometimes
it can be waived under special circumstances (i.e. domestic violence);
where one spouse has to get out of the relationship quickly to protect
against potential harm. However, you really have to convince the
court that your case is special (deserves exemption from the waiting
period) and doing that requires a lawyer. We only provide services
for simple, uncontested cases. Back To Top / See
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What are the
Court Costs in my Province?
The court costs are NOT included with our service. When you first
take your papers to the court, there will be a court fee, which
pays for the judge and the court clerks. It is usually between $75
and $150. There can also be extra fee if you have children. That
fee is usually around $75. All provinces and counties are different.
Call the your municipal courthouse to check on the exact fees. Back To Top / See
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My Spouse
and I Now Live in Different Provinces?
This doesn't matter in a divorce for the most part. Just make sure
you fulfill the Residency
Requirement of the province that you currently live in. You
can get a divorce in the province where you currently reside. However,
if your spouse is out of the country, you will either need your
spouse to sign the divorce papers, or you can obtain a Missing
Spouse Divorce if you cannot locate him/her. Back To Top / See
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Residency Requirements:
Residency plays an important part in all the divorces. Residency
requirements are Province mandated and therefore out of our hands.
Qualify
for Residency?
You would file in the county and province where you reside, provided
you qualify for residency in that province.
Don't
Qualify for Residency?
You would most likely file in the province where you used to live
(qualified for residency). But, you must be able to travel there
a couple times, at least once to initially file the forms at the
court and at the end to attend your final hearing.
Have
to Wait Until You Qualify for Residency?
If you don't qualify for residency in the province where you are
currently living, and you don't want to travel to the province
where you used to live, then you can wait until you obtain residency
in the province where you currently reside. You can still use
our service now, and then file your divorce forms on the day you
qualify for residency. If you move or change situations while
you are waiting for residency, we can still do the adjustments
for you. All adjustments are free.
To learn more about the Residency Requirements in
your province, visit the Provincial
Divorce Laws.
How
long until I get my divorce forms, after I submit the Questionnaire?
The divorce forms and paperwork take 2-3 business days or sooner to
process, excluding weekends and holidays. Then they will be emailed
to you. We can also mail them to you for a one time printing
and mailing fee of $25. Faxing is not available, because they have
to be original documents. (Note: These are our goals and standards
for processing times - not promises. Your particular processing
time may be slightly longer or shorter, of course.) Back To Top / See
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Is “Service” to
the Defendant covered in the price?
“Service” to your Spouse is not covered in the price of our service.
However, we give you instructions on how it can be done for FREE
in an Agreed Divorce. Also, a process server, like a local or provincial
police, could handle the service for a small fee, usually around
$30 to $40. Call your local or provincial police for “Servicing”
information. Back To Top / See
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How
does it work?
After the ordering process, fill in the Portable Divorce Questionnaire
and submit it back to us by email, fax, or regular mail. We complete
your province specific divorce paperwork in 2-3 business days and email
it to you for your review. Once you have what you want, then sign
and print your paperwork and take it down to your local courthouse.
You attend your final hearing and read the "Sample Courtroom
Statement" that comes FREE with our service. The judge rubber-stamps
your divorce paperwork and you are divorced. Back To Top / See
Prices / See our Divorce
Service Overview
Wouldn't it be nice to know what to say when you
are in the Courtroom with the Judge? Of course it would. That is
why we give you a "Sample Courtroom Statement" to read
from, when it is your turn to speak. It is jam packed with the specific
information that the Judge wants to hear to complete your divorce
case. Our competitors don't even come close to offering this level
of service. Only the Divorce Do It Yourself Service offers a Sample
Courtroom Statement.
Gift 2 Marital Settlement
Agreement ($179 Value):
The MSA is a court document that describes exactly
how the property will be divided as well as it deals with how to
handle any children involved in the divorce. With our Divorce Service
the Marital Settlement Agreement is NOT an add on, like with many
other services. We give it to our customers FREE OF CHARGE. It is
our free gift to you.
Gift 3 Name Change ($139
Value):
In many divorces the wife would like to have a name
change to that of her former maiden name. This can be accomplished
through using our Divorce Service FOR FREE.
Divorce
with Children:
Child support, custody, and visitation issues are part of many divorces
that we do. You don't need a lawyer to do your divorce if you have
children. That is just a popular misconception. As long as the divorce
is uncontested, meaning you and your spouse can find common ground
and agree to the arrangements/terms of the matter, we can help.
Or, if you have a Default Divorce, where
one of the spouses defaults on his/her side of the case, we can
help you. We are very familiar with the issues governing child support,
custody, and visitation for divorces with children. Back To Top / See
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Divorce with Property:
"Property" includes the house, cars, furniture, pets,
and many other things. Don't hesitate if some of the big ticket
items still have outstanding debt on them. We can help you divide
up any assets and debt between you and your spouse. You just tell
us how you want things split up and we will prepare the forms accordingly.
The judge will typically honor all your requests without a problem
(as long as you both agree). Back To Top / See
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Default
Divorce:
A default divorce is any divorce that results in
the defending party defaulting on their end of the case due to inactivity
or lack of involvement in the case. In simple terms: Your Spouse
doesn't do anything and you automatically win by default. Agreed
divorce implies that the spouse agrees to the divorce and participates
in it. We do uncontested cases of both types. Also, see "Missing
Spouse" for information on how to do a divorce if your
spouse is missing. Back To Top / See
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Missing Spouse Divorce:
Don't let the fact that you don't know where your spouse is stop
you from getting a divorce. There are ways, such as "service
by publication", to serve your spouse even without knowing
their whereabouts.
If
your spouse has abandoned you and you can't find him/her, or you
simply lost contact with your spouse over time, the "Missing
Spouse Divorce" is your solution to the problem. Normally,
in a divorce, you would know where your spouse is located so that
you can serve them with the divorce papers. However, if you don't
know where your spouse is, you have to show the divorce court that
you have made a diligent effort to find them. The way the court
will accept your special situation, is if you run a newspaper ad
informing your spouse that there is a divorce proceeding against
them. This is called Service By Publication. To be more specific,
this is the order of how things happen:
First you gather all the divorce forms and get
them completed.
Then you file the divorce forms at the court
like you would with a normal divorce.
Once you've filed the divorce, you run the ad
in the newspaper.
Feel free to shop around. Which local newspapers
to run your ad in is your choice.
Sometimes the court clerk can recommend which
paper to use (they do it all the time).
And to complete that aspect of the divorce, you
will also be signing an affidavit (statement) stating that you looked
for your spouse to the best of your ability.
If
after a mandatory waiting period your spouse does not respond to
the outstanding legal matter (divorce) and you can show to the court
that you have made diligent efforts to find your spouse, then the
divorce can proceed in a regular Default Divorce
manner. Your spouse automatically defaulted on his/her end. If any
or all of this isn't making any sense to you... don't worry. Most
of our clients learn as they go. However, remember we do NOT give
legal advice on what anyone should do in their particular circumstances. Back To Top / See
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Military Divorce:
Military Divorce means that you or your spouse are a member of the
military and on active duty. Unlike much of our competition, we
actually do divorces for military members or spouses of military
personnel. But, we can only do them under the following circumstances:
One
spouse has to be in the Canada and willing to do the footwork
(file the divorce and appear in court for the hearing) if the
other is stationed outside Canada. That allows the spouse who
is in the Military (overseas) to not have to appear in court at
all.
The
spouse who is in the military must have a way to sign the forms
(typically by mail).
If the Military Spouse is filing, keep in mind that
in regards to Residency Requirements:
You can file where your boots are on the ground
at the moment or, if you don't qualify for residency
in that province, you can file where the Military says your "home
province " is. Most of the time, our customers like to
file where they are currently living, rather than the provincethe
Military says is their "home province" or where they have
a drivers lisence.
Bottom Line:
Most of the time, if the spouse in the military is in agreement
to the terms of the divorce, you can use our service to get your
divorce done. Back To Top / See
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General Divorce Questions:
My
Spouse is in Prison or Jail?
Yes, we can still do your divorce. But, in this situation, it is
better if your spouse is in agreement with the divorce and signs
the divorce papers. We can still do your divorce if it is a Default
Divorce, but it is more difficult. Just make sure it is not
a Contested Divorce. Back To Top / See
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The
FREE Divorce Booklet will be delivered straight to your email
box. The FREE Divorce Booklet is NOT Legal Advice. It is
intended to give you a general understanding of how the divorce
process works. Also, to help you in choosing the method of
how you want to do your divorce forms and papers.