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Separation and divorce

Joint Divorce Help Tool -
Eligibility requirements

You’re about to start a joint application for divorce using JuridiQC's Joint Divorce Help Tool. Before you start, make sure you meet all the requirements.

1

You have no children born of your union

It is not yet possible for couples who have children to prepare a joint application for divorce using JuridiQC's help tool.

However, they can prepare a joint application for divorce by following the guide developed by the Ministère the la Justice du Québec: Application for divorce based on a draft agreement (Gouvernement du Québec).

 

2

You’ve resided in Quebec for at least one year

To obtain a divorce in Quebec, at least one of the spouses must have habitually resided in Quebec for at least one full year.

 

3

You’ve been separated for at least one year

To start a joint application for divorce, the spouses must be separated for at least one full year. Your date of separation is the date you permanently ended your conjugal relationship and decided that you no longer intended to be a couple.

You don’t have to live at two different addresses to be “living separate and apart.” You need simply to demonstrate that you don’t want to be a couple anymore (e.g., sleeping in separate bedrooms, no longer presenting yourselves as a couple to the people around you, etc.).

 

4

You have no pending proceedings with respect to your marriage

If either of you has already started a judicial proceeding regarding your marriage, such as a divorce application or an application for separation from bed and board, make sure that this proceeding has ended before using JuridiQC’s Joint Divorce Help Tool.

 

5

You’re not involved in a criminal proceeding

If one of the spouses is subject to an order, an indictment, an undertaking or a recognizance relating to a criminal matter, you cannot prepare a joint application for divorce using JuridiQC’s Joint Divorce Help Tool because our tool does not take into account such circumstances.

 

6

You aren’t subject to a civil protection order or an application to obtain one

If one of the spouses is subject to a civil protection order* or an application to obtain such an order, you cannot prepare a joint application for divorce using JuridiQC’s Joint Divorce Help Tool because our tool does not take into account such circumstances.

* The purpose of a civil protection order is to protect a person whose life, health or safety is threatened by another person, in particular in a situation involving violence.

 

7

You aren’t involved in a case relating to youth protection

If one of the spouses is subject to an order, application, agreement or decision relating to youth protection, you cannot prepare a joint application for divorce using JuridiQC’s Joint Divorce Help Tool because our tool does not take into account such circumstances.