How to Get a Divorce in Canada: Province-by-Province Guide (2026)

To get a divorce in Canada, you file an application in the superior court of your province or territory under the federal Divorce Act. At least one spouse must have lived in that province or territory for a full year, and you must show the marriage has broken down, usually by living apart for at least one year ^{[1] [4]}. The divorce takes effect 31 days after the judge grants it ^[3].

This guide explains the federal rules that apply everywhere in Canada, then sets out, for each of the 13 provinces and territories, which court handles divorce, the government filing fees where they are officially published, any online tools, and official self-help and mediation services. Figures are as of November 2026. It is general information, not legal advice.

What are the legal requirements for a divorce in Canada?

Divorce is federal law. The Divorce Act applies across Canada, but each province and territory sets its own court process and forms, so you must use the forms of the jurisdiction where you file ^[4]. Justice Canada lists three basic conditions: you are legally married, your marriage has broken down, and you or your spouse has lived in the province or territory where you apply for a full year immediately before applying ^[4].

The residency requirement

A provincial or territorial court can hear a divorce if either spouse has been habitually resident in that province or territory for at least one year immediately before the proceeding starts ^[1]. Only one spouse needs to meet the test, and it does not have to be the person applying. Canadian citizenship is not required ^[31].

The three ways to prove marriage breakdown

Canada has no-fault divorce. The only ground is breakdown of the marriage, which can be established in one of three ways ^[2] [4]:

• Separation. The spouses have lived separate and apart for at least one year before the divorce is decided, and were living apart when the case began. This is by far the most common route.
• Adultery. The other spouse has committed adultery.
• Cruelty. The other spouse has treated you with physical or mental cruelty that makes continued living together intolerable.

You can start a separation-based case before the year is up, but the court cannot grant the divorce until a full year has passed. Living together again for up to 90 days in total, mainly to try to reconcile, does not interrupt or restart the one-year period ^{[2] [4]}.

Children and the 31-day wait

A judge must refuse a divorce if reasonable arrangements have not been made for the support of any children of the marriage ^[3]. Once granted, a divorce takes effect on the 31st day after the judgment, unless the court shortens that period because of special circumstances and both spouses agree not to appeal ^[3]. After it takes effect, the court can issue a certificate of divorce, which you will usually need to remarry ^[3].

What is the difference between an uncontested and a contested divorce?

An uncontested divorce is one where neither spouse is fighting the divorce, and parenting, support and property are either settled (often in a separation agreement) or not being asked of the court. Most provinces offer two uncontested routes: a joint application, signed by both spouses, and a sole application that the other spouse is served with and does not oppose. Uncontested divorces are often decided by a judge on the paperwork, without a hearing.

A contested divorce is one where the spouses disagree about the divorce itself or about issues such as parenting, child or spousal support, or property. These go through the full court process, which can include case conferences, financial disclosure, temporary orders and, sometimes, a trial. Justice Canada notes that when spouses cannot agree, the court decides, which may take longer, cost more and be more stressful ^[4].

How long does a divorce take in Canada?

If you rely on separation, the earliest a divorce can be granted is one year after you separated ^[2]. After that, the timeline depends mostly on agreement and on the court's workload:

• Registry clearance. Every divorce is checked against the federal Central Registry of Divorce Proceedings. Courts report that clearance takes about 4 to 6 weeks in BC and 3 to 6 weeks in Newfoundland and Labrador ^{[9] [33]}.
• Uncontested cases. Family Law in BC says a joint uncontested divorce can be finished in a few months once family law issues are settled, though a busy registry or rejected paperwork adds time ^[9].
• Contested cases. Éducaloi notes that when a couple disagrees, it can often take years to get a final court decision ^[27].
• The final 31 days. Add 31 days after the judgment before the divorce takes effect ^[3].

Divorce by province and territory: courts, fees and self-help

The court that grants divorces in each jurisdiction is named in the Divorce Act itself ^[1]. The table below summarizes government filing fees where an official source publishes them, and the main official self-help resource. Fees do not include lawyer fees, service costs, commissioning affidavits or certificates of divorce unless noted.

Low-income applicants can usually ask for court fees to be waived; ask the registry where you plan to file.

Divorce in British Columbia

Only a judge of the Supreme Court of British Columbia can grant a divorce order in BC ^[10]. For a joint uncontested divorce, Family Law in BC lists $200 to open the case with a Notice of Joint Family Claim (or $30 if your separation agreement is already filed), $10 for the Registration of Divorce Proceedings and $80 for the final divorce application, as of March 2026. A certificate of divorce is $40 ^[9].

The province's free Online Divorce Assistant helps couples prepare the forms for a joint divorce where one spouse lives in BC, they agree on all issues and the marriage certificate is in English. You need a Basic BCeID account ^[9]. Separately, BC's Family Justice Centres offer services free of charge, including mediation with family justice counsellors, who are accredited mediators, and a free Parenting After Separation course ^[11]. Their help with property is limited. To compare local help, see family lawyers in British Columbia or family lawyers in Vancouver.

Divorce in Alberta

The Court of King's Bench has sole jurisdiction over divorce and property division in Alberta ^[15]. The government fee to start a divorce is $310, which includes the $10 Central Registry fee ^[12]. The court publishes forms and instructions for uncontested divorces with and without children, but those forms do not deal with property division ^{[13] [15]}.

Alberta has extra requirements. If you have dependent children, you must take the Parenting After Separation course ^[13]. In Greater Edmonton, Calgary, Red Deer and Grande Prairie, the Family Justice Strategy requires parties who disagree to attempt alternative dispute resolution, exchange financial disclosure and, for self-represented parents, meet a family court counsellor before filing ^[14]. The court's Family Focused Protocol adds intake and settlement steps, and the court runs a Family and Divorce Filing digital service ^[15]. Browse family lawyers in Alberta or family lawyers in Calgary.

Divorce in Saskatchewan

The Court of King's Bench for Saskatchewan deals with all family law matters under the Divorce Act, with a Family Law Division sitting in Regina, Saskatoon and Prince Albert ^[16]. The province's Family Law Information Centre provides free self-help kits, including court forms and instructions, by mail or email (toll-free 1-888-218-2822, extension 2) ^[17]. Since July 1, 2022, parties in family cases must attempt a family dispute resolution process, such as mediation, by the close of pleadings, with exemptions for situations such as partner violence ^[18]. Filing fees are not published online, so confirm them with your local registry.

Divorce in Manitoba

Divorces are handled by the Court of King's Bench, Family Division. Manitoba's court fee schedule, effective February 1, 2022, lists $200 for a petition for divorce and $30 for a certificate of divorce ^[19]. The province's Family Resolution Service is a single-window service whose Family Guides answer questions about family law processes, help families reach agreement through mediation and refer people to other services (204-945-2313 in Winnipeg, or 1-844-808-2313 toll-free) ^[20].

Divorce in Ontario

Ontario divorces are filed in the Superior Court of Justice ^[1]. The government fees are $214 to file the application, a $10 federal registry fee and $445 to place the application before a judge, for a total of $669 ^[21]. Most family forms, including a divorce application, can be filed online through Justice Services Online ^[22]. Our separate guide on how much a divorce costs in Ontario covers simple and joint divorces, mediation costs and Ontario lawyer fees in detail.

Divorce in Quebec

In Quebec, divorce applications are heard by the Superior Court ^[23]. Spouses who agree on every consequence of the divorce can file a joint application. The government's free JuridiQC Joint Divorce Help Tool generates the application, draft agreement and affidavits; you then file them at the courthouse and pay $251 to open the file, which includes registration with the Central Registry ^{[24] [26]}.

Quebec also funds free family mediation with an accredited mediator: 5 hours for couples with common dependent children, 3 hours for couples without, and 2.5 hours to revise an existing agreement or judgment. Additional hours cost $130 an hour plus taxes ^[25]. Parents also receive a 2.5-hour parenting session ^[37]. Éducaloi, a non-profit legal information organization, explains the divorce court steps in plain language ^[26]. Quebec's civil law also has its own property rules, including the family patrimony, which is divided between married spouses on divorce ^[28]. See family lawyers in Quebec.

Divorce in New Brunswick

Divorces are filed with the Court of King's Bench, Family Division, in the judicial district where you or your spouse lives. The public legal education guide Doing Your Own Divorce in New Brunswick lists a $110 filing fee covering the petition and the federal clearance certificate, plus $7 for a certificate of divorce ^[29]. FamilyLawNB.ca provides forms with completed examples, and the toll-free Family Law Information Line is 1-888-236-2444; Family Law Information Centres operate at the Saint John and Moncton courthouses ^[30].

Divorce in Nova Scotia

Divorces are handled by the Supreme Court of Nova Scotia; nsfamilylaw.ca, the province's family law information site, refers to its Family Division ^[31]. The site lists fees of $218.05 for a joint application or an application by written agreement and $291.55 for a petition, with $66 more for an uncontested motion after a petition, but these figures are dated April 2015, so confirm with the court ^[31]. The site also explains uncontested and contested routes and links to divorce forms ^[31].

Divorce in Prince Edward Island

Divorces in PEI go to the Supreme Court of Prince Edward Island ^[1]. The Court Fees Act Fees Regulations set the Family Section fee for a petition for divorce at $100, with $50 to file an answer ^[32]. Contact the Supreme Court registry in Charlottetown or Summerside for current forms and any additional charges.

Divorce in Newfoundland and Labrador

Divorces are handled by the Supreme Court of Newfoundland and Labrador, Family Division. The court's own instructions list a $130 fee to file an originating application for divorce and $60 to file the application for judgment. A certificate of divorce costs $20 and is not sent automatically ^[33]. The court's Family Justice Services, Public Legal Information Association of NL and Legal Aid NL are listed as resources ^[33].

Divorce in Yukon

The Supreme Court of Yukon grants divorces in the territory ^{[1] [34]}. Filing fees are not published in a form we could verify, so contact the Supreme Court registry in Whitehorse for current fees and forms ^[34].

Divorce in the Northwest Territories

The Supreme Court of the Northwest Territories handles divorce ^[1]. The territorial government's divorce pages cover applying for divorce, property division, court registries and family law services, including the NWT Family Law Mediation Program, a free service to help parents resolve parenting and support issues ^[35]. Ask the court registry for current filing fees.

Divorce in Nunavut

In Nunavut, divorce is heard by the Nunavut Court of Justice, which is both the territory's superior court and territorial court ^{[1] [36]}. The court is administered from the Nunavut Justice Centre in Iqaluit; contact its registry for forms and fees ^[36].

How are parenting, child support and property handled?

Parenting arrangements

Since March 1, 2021, the Divorce Act uses the terms "decision-making responsibility" and "parenting time" instead of custody and access. When making a parenting order, a court considers only the best interests of the child, giving primary consideration to the child's physical, emotional and psychological safety ^[3].

Child support

Child support usually follows the Federal Child Support Guidelines. The basic amount comes from a table based on the number of children and the income of the paying parent, generally using the table for the province where that parent lives, plus a share of special or extraordinary expenses such as child care, health costs and post-secondary education ^[6]. Different rules apply where each parent has the child at least 40% of the time ^[6]. If both spouses live in a province designated to use its own guidelines, that province's rules apply instead ^[1].

Property division

Property division is not part of the Divorce Act. Provinces and territories make the rules for dividing property, and those laws vary across Canada ^[5]. That is why the family home, pensions and business interests can be treated differently in Alberta, Ontario or Quebec. Many uncontested divorce kits, including Alberta's, do not deal with property at all ^[13].

How much does a divorce cost in Canada?

Government fees are the smallest part of the bill. The most detailed public figures on lawyer fees come from Canadian Lawyer magazine's 2021 Legal Fees Survey, which reported these averages before tax and disbursements [7]:

Canadian Lawyer's 2024 fee report, based on a survey of 347 firms, found contested divorce was the only family fee type to fall across all firm sizes, with a 33% decrease for all firms ^[8]. Treat these numbers as reported benchmarks, not quotes. GST or HST applies to legal fees, and mediation, expert reports and appraisals are extra. The biggest cost driver is how much you and your spouse disagree.

When should you hire a family lawyer?

You can get an uncontested divorce without a lawyer in every province and territory, and the self-help tools above are designed for that. Getting legal advice is worth considering when:

• you and your spouse disagree about parenting, support or property;
• there is a family home, pension, business or significant debt to divide;
• there are concerns about family violence or safety;
• your spouse has a lawyer, or has lived or holds assets outside your province;
• you are about to sign a separation agreement that will be hard to change later.

Many family lawyers offer limited-scope help, such as reviewing a separation agreement or your forms, for a fixed fee. Browse family lawyers across Canada and use our guide on how to find a lawyer in Canada to prepare questions about fees and experience.

This article is general legal information, current as of November 2026. Court fees and procedures change, so confirm details with your local court registry or a lawyer before filing.