Introduction:
When initiating a divorce in Nova Scotia, it’s important to be aware of the different pathways available to you. The method you choose will depend on whether you and your spouse are in agreement or have disagreements regarding the key issues to be resolved. In this article, we will explore the three ways to start a divorce in Nova Scotia and provide an overview of each option.
- Joint Application for Divorce (Uncontested):
If you and your spouse are in agreement on all divorce-related matters, the Joint Application for Divorce is an option worth considering. This streamlined process allows both parties to file the necessary forms together, indicating their mutual consent to the divorce and their agreement on important issues such as the reason for the breakdown of the marriage, parenting arrangements, child support, spousal support, and the division of property and assets.
The Joint Application for Divorce offers a relatively straightforward and efficient approach. Once the forms are filed, a judge will review the documents, and if everything is in order, the divorce can be granted without requiring you or your spouse to appear in court. However, if the court requires additional information or clarification, they may request further details before finalizing the divorce.
- Application for Divorce Based on a Written Agreement (Uncontested):
Similar to the Joint Application, the Application for Divorce based on a Written Agreement is suitable when you and your spouse are in agreement on all aspects of the divorce. The key difference is that this option allows for separate filing by one spouse, accompanied by a written agreement outlining the agreed-upon terms.
If you choose this route, one spouse will file the necessary forms, including the written agreement, with the court. The judge will review the documents to ensure they meet the legal requirements and align with the best interests of any dependent children involved. As with the Joint Application, a court appearance is typically unnecessary unless the judge requests further information or clarification.
- Petition for Divorce (Contested):
In situations where you and your spouse are unable to reach an agreement on one or more divorce-related issues, your divorce is considered contested. A contested divorce requires a trial before a judge, who will make decisions on the unresolved matters unless you and your spouse are able to resolve them before reaching trial.
To initiate a contested divorce, you should file a Petition for Divorce. This option is also recommended if you anticipate potential disagreements during the divorce process. Filing a Petition for Divorce does not preclude further negotiations between you and your spouse. You can continue to seek resolution through the assistance of lawyers or through court processes like settlement conferences.
Conclusion:
When contemplating a divorce in Nova Scotia, understanding your options for initiating the process is crucial. Whether you and your spouse are in agreement or have disagreements, there are avenues available to suit your circumstances. The Joint Application for Divorce and Application for Divorce based on a Written Agreement offer streamlined paths for uncontested divorces, while the Petition for Divorce provides a framework for navigating contested divorces. By being aware of these options, you can approach the divorce process with greater clarity and make informed decisions that align with your specific situation.
If you need divorce papers served or filed with the courts, Trust Process Servers can help. Email us at contact@trustprocessservers.com or call (902) 812-0811.