Prince Edward Island
What you read and see on this site is NOT legal advice. It is for
educational purposes only. This information is commonly had in other
resources, but we have assembled it here for you to see all in one
place. So come back and view it as often as you like.
What are the residency requirements?
You have to have lived in the province where you are filing for
divorce for at least one year.
What are the grounds for divorce?
Breakdown of marriage is the sole reason for divorce in Prince Edward Island.
This can include any of the following:
• You and your spouse have lived apart for at least one year prior
to filing for divorce. Under Canadian law, you may also qualify
for this reason, even if you have being living under the same roof.
• Your spouse has committed adultery.
• Physical or mental abuse has taken place in the home.
How is the length of separation calculated?
• You and your spouse have lived apart for a certain period of time,
usually one year.
• The separation period has not been interrupted or terminated.
• You and your spouse have not lived together for more than 90 days.
• You and your spouse would have been living separately, but, for
whatever reason, you could not.
Note: We only deal with uncontested
divorces. If you have a contested divorce or if your spouse files
an appeal, you will need to hire a lawyer.
Where do I file for Divorce?
You file for divorce in the provincial court where you reside.
How do I file for a Divorce?
These are the steps you need to follow.
• File your divorce papers.
• Notify spouse of your filing for divorce.
• Attend your divorce hearing.
How long after I file does it take for my
divorce to take effect?
Usually on the 31st day after the divorce judgement is granted.
But, if the court finds that there are special circumstances, a
divorce judgment can be granted earlier.
Provincial Divorce Questions
How long does a divorce take in my Province?
It depends on the province you are in. See our Provincial Divorce
Laws page. Call your municipal courthouse to find out your exact
Note: All provinces fall under divorce
laws of the Divorce Act of 1968. All divorce laws are the same throughout
Can the waiting period be
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.
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.
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Types of Divorces We Handle
Divorce with Children
Child support, custody and visitation issues are part of many divorces
that we handle. As long as the divorce is uncontested, you don't
need a lawyer. We can also assist you during default divorce. This
is where one of the spouses defaults on his/her side of the case.
We are very familiar with the issues governing child support, custody
and visitation for divorces with children.
• Visitation is the plan the spouses have on where their children
will live and when the children will visit with the other spouse.
• Legal Custody decides where the child lives and other such things,
such as where the children will attend school and which church they
will go to.
• Physical Custody decides where the child lives and which parent
they live with.
Divorce with Property
Property includes the house, cars, furniture, pets and many other
things. We can help you divide up any assets and debt between you
and your spouse. Just tell us how you want things divided, and we
will prepare the forms accordingly. As long as the divorce is uncontested,
the judge will typically honor all your requests without a problem.
• Debts. You should decide who is going to pay for what items as
part of the marital settlement agreement and close all of your joint
• Spousal Support. Spousal support is payment made by one spouse
to the other. The person who receives support usually is less wealthy
than the other spouse or is the one taking care of the children.
The court decided spousal support based on the following factors:
a) Duration of Marriage. The longer the marriage the more likely
spousal support will be paid.
b) Difference in Income. If one spouse makes significantly more
money than the other, than that spouse will more than likely have
to pay the other spouse.
c) Reduction of Earning Capacity. If you have to take care of the
children or if you lost job skills as a result of marriage, your
spouse will more than likely have to pay you spousal support.
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.
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. We
can help you with this process. circumstances.
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
Change of Last Name
You may change your last name back to your maiden name back in the
divorce if you want to. We include this name change in our service
Asked Questions (More Information)