Applying for Divorce After You've Completed Your Separation Agreement
Your Separation Agreement is 95% of it, but if you are married, the last piece is a divorce, which is just a one-liner in a court order saying that you are no longer married.
Option 1: Your lawyer can apply
If you hire your lawyer to do it, you will file a Notice of Family Claim that will be served to the other person (with a process server). They have 30 days to respond. If the only request is for a divorce and that application is not contested, the other person doesn't need to respond. After a year from the date of separation, then the applicant and their lawyer can submit the supporting documents to the court and make the final application for the divorce.
It usually takes a while, so expect some delay while you wait for the court to get final document to you.
Option 2: You can do It yourself
Another great option, especially for those who would like to save the money, is by working with the Justice Access Centre (JAC) at the Courthouse. You can do the paperwork yourself (Check out this Guide) and then bring the paperwork to he JAC to review.
The JAC helps people file their application at no cost aside from the court filing fee. Many people often chose a lawyer to file for them because it is a bit of tedious process, but if you’re willing to fill in the forms and file the paperwork yourself, consider the JAC.
Important Disclaimer
Content and videos in The Divii Knowledge Centre provide general information about separation and divorce and is not and should not be considered legal advice. For guidance specific to your situation, it's important to consult with a qualified family lawyer in your area. It's always highly recommended to seek independent legal advice during your separation.
