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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101370
Experience:  Lawyer
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Where do you suggest to do up our own uncontested divorce.

Customer Question

Where do you suggest to do up our own uncontested divorce. Forms? Have been apart for over two years. Everything is amicable. Just want to get divorced and off the mortgage. He is keeping the property and everything else has already been worked out. Really,
it's just the property we need to transfer and a legal divorce. Thanks!
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Thank you for requesting me.

Are you asking about where you can get a simple separation agreement done or you really just asking me about the forms because I'm not sure what you mean when you say where can you go to do this yourself?

Customer: replied 1 year ago.
Do we need a separation agreement? Or can we just do up a divorce? We were wanting to do it ourselves to save money.
Expert:  Debra replied 1 year ago.

A separation agreement is generally a good idea because you have something to enforce if necessary. However, it is not mandatory and if in your situation you feel it is not necessary then you don't have to do one.

You can apply for the divorce jointly which is where you both signed the application documents, they are filed with the court house, and soon a judge signs the judgment. You do not need to appear in court.

The other way you can do this is one of you applies for the divorce. You are called the applicant. You serve the divorce Application on your spouse who is the respondent. The respondent ignores the document and the applicant has the court note the respondent in default. Soon after that a judge signs the judgment. Once again there is no attendance before a judge.

In both cases this is done over the counter in the central office of the courthouse and in neither case do you have to see a judge at all.