To obtain a judgment of divorce by filing a joint application for divorce requires the payment of a court fee of $126 and the filing of the following documents with the clerk of the Superior court of the judicial district where one of the spouses is domiciled:
– A joint petition for divorce signed by both spouses.
– The spouses’ birth certificates (copies allowed).
– Marriage certificate of the spouses (original required).
– Children’s birth certificates, if any (copies allowed).
– A child support determination form sworn by an authorized officer and signed by the spouses, if required.
– A declaration under article 444 of the Code of Civil Procedure of Quebec signed by each spouse (when child support or alimony is provided).
– A consent to judgment on measures incidental to the divorce signed by the spouses.
– A certificate of birth registration signed by the spouses.
– A declaration sworn by an authorized officer and signed by each spouse confirming the end of the common life, the impossibility of reconciliation and the confirmation of the signature of the consent to judgment on ancillary measures to the divorce.
Some of the above mentioned procedings must contain certain mentions expressly required by the Divorce Act and the Civil Code of Quebec.
If you have an agreement with your spouse and you wish Me St-Louis and his team to take care of the drafting of all the necessary documents and to obtain the divorce judgment, a fee of $1,200 plus taxes is required, in addition to the $126 for the above-mentioned legal fees. The delays for obtaining a divorce judgment following the filing of a joint application vary according to the performance of the various courthouses and may be influenced by external factors, notably due to measures related to the health emergency.