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Separation and divorce

Setting a date for a hearing or a trial

If you’re getting a divorce and you want to set a date for your final hearing, sometimes referred to as a “trial,” here’s what you need to know if you’re doing so without a lawyer.

When should you request a hearing date?

You can request a date for the final hearing when you and your ex are ready to be heard by a judge.

Once your case protocol is accepted by or established with the court, you have one year to request a hearing date. In some cases, you can ask the court to extend the time limit.

You and your ex can make only one request for a hearing date

Generally, to get a final hearing date, you must submit a written request to the court, also known as a “declaration.” You and your ex can make only one request because it’s a joint declaration.

If you and your ex have difficulty working together, you can prepare a draft declaration on your own and notify your ex. Your ex will then have 15 days after receiving the draft to indicate the changes he or she would like to make.

WARNING

The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.

New on JuridiQC!

Joint Divorce Help Tool

Free and easy to use, JuridiQC’s help tool assists married couples who don’t have children together as they prepare their joint divorce application. From filling out documents to filing them at the courthouse, we provide step-by-step guidance.