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By: Benny Andersson on Wed Jun 11, 2008

“Knowing me, knowing you
There is nothing we can do
Knowing me, knowing you
We just have to face it, this time we're through
Breaking up is never easy, I know but I have to go”
- Abba, “Knowing Me, Knowing You”

Is Do-It-Yourself Divorce a viable option? It seems like lawyers are required for the simplest of transactions in our society, and given the emotional and seeming legal complexity of a divorce, it would stand to reason that a divorce lawyer would be required to handle a divorce, but it’s not the case. Divorce kits, in no fault, joint action, and undefended divorces, are completely valid in most regions in North America, and are available. Here are the basics.

Thanks to the Divorce Act of 1985, Canadian citizens are allowed to handle divorce proceedings without requiring the added expense of hiring a lawyer. As well, depending on what state the parties in a divorce reside in, it’s now an option for American citizens, too, and is generally referred to as No-Fault Divorce.

Legal Requirements for Divorce
The term used to denote the state that must be met to become admissible grounds for divorce is “marriage breakdown.” What exactly defines marriage breakdown? Contrary to what some alarmists might have you believe, marriage break-down is not as simply defined as not getting along. No, one of three conditions must be met to qualify a marriage as having broken down. These three conditions are as follows:

You and your spouse must have lived apart for a period of at least one year and have determined that your marriage has ended.

Your spouse has committed an act of infidelity, that is, adultery.

Your spouse has committed acts of mental or physical cruelty against your person.

Two Types of Divorce

Joint Action Divorce

If you and your spouse agree to divorce, you may file a joint Writ of Summons - Family Law Proceeding (Form 127A) and a Statement of Claim - Family Law Proceeding (Form 128A). This means you are asking the court for a joint Divorce Order. To file a joint Writ of Summons and Statement of Claim, both spouses must be in agreement on all details including custody, access and support, and both spouses must sign the Writ of Summons and Statement of Claim.

Sole Action Divorce

Undefended Divorce
The easiest way to understand undefended divorce is to think of it as a defendant pleading no contest in a criminal trial. That is, one spouse (the plaintiff) requests a divorce from the other (the defendant) and the spouse does not dispute any of specifics of the divorce action, or the terms. In many cases, that will mean that the defendant acquiesces to whatever demands the defendant may have – child support, child visits, or alimony payment amounts and a schedule.

Defended Divorce
In this far more common type of divorce, the plaintiff asks the defendant for a divorce and the defendant disputes either the divorce itself, or else the details of the divorce in the details of the relief submitted to the court by the plaintiff. In the case of a defended divorce, where the details are in dispute, you should seek legal advice, as the process becomes more complicated than you’ll be able to handle on your own.

Beginning The End
Divorce procedures are rarely nice and clean, so prepare yourself for occasional and hard-to-predict emotional outbursts, and also, you’ll need to buy a Do It Yourself Divorce Kit, or a No-Fault Divorce Guide, which are available from most office supply and stationary stores. As well, there are some online retailers for Divorce Kits.

A Divorce Kit will cover much of the issues at stake in a divorce: personal property and real estate; alimony payments; child custody, support and visitation; debts and other financial obligations; income taxes, and assisting the wife in reverting to her former name. Depending on your location (state or province), a divorce can cost anywhere from between $50 to $400, substantially less than the expense of hiring a divorce lawyer. As well, most reputable companies will offer a money-back guarantee if you purchase a divorce kit from them, and it’s found that it is no longer valid according to your state or province’s current laws. Check first!




Benny Andersson is a founding member of the Future Divorced Fathers of Canada.