When Divorce Doesn’t Have to Be a Battle

Divorce does not always have to be painful or drawn out. In Quebec, many couples are able to end their marriage through a simple or uncontested divorce, a process designed for situations where both spouses agree on all key issues such as child custody, support payments, and the division of property.

This form of divorce avoids lengthy hearings and emotional courtroom disputes. It also reduces legal costs and significantly shortens the time needed to obtain a final judgment. In most cases, the entire process can be completed within a few weeks.

At Guzun & Associates Lawyers, we guide clients through every step of the process. Our team prepares all required documents, ensures compliance with the Superior Court of Quebec’s procedural rules, and helps couples finalize their divorce with dignity and efficiency.

What Is an Uncontested Divorce in Quebec?

An uncontested divorce (in French, divorce non contestée) is granted when both spouses agree to the end of the marriage and to all its consequences.

Instead of court appearances or testimony, the file is submitted in writing. A judge reviews the documents privately, verifies that the agreement meets Quebec’s family law standards, and issues a divorce judgment. No trial or in-person hearing takes place unless something appears incomplete or unfair.

You can file for an uncontested divorce if:

1. You and your spouse have been living separately for at least one year, or
2. One spouse has committed adultery or mental or physical cruelty. (These grounds are rarely used when the separation is peaceful and mutual.)

When both partners cooperate, the process becomes mainly administrative. This makes it the fastest and most affordable way to end a marriage legally in Quebec. A judgment is often finalized within six to eight weeks.

How to File for a Simple Divorce in Quebec

The uncontested divorce process follows a standard sequence that must be respected to avoid delays or rejection by the court.

Step 1: Confirm Eligibility

At least one spouse must have lived in Quebec for a minimum of twelve months before filing for divorce.

Step 2: Gather and Prepare the Required Documents

A lawyer ensures that all forms are properly drafted, signed, and supported. Typical documents include:

1. Motion for Divorce (or Joint Application for Divorce if filed together)
2. Sworn Declarations of both spouses confirming consent
3. Marriage Certificate (translated if not in French or English)
4. Birth Certificates of children, if any
5. Child Support Calculation Forms and proof of income (if applicable)
6. Proof of separation, such as lease agreements or bills showing different addresses

Step 3: File the Application with the Superior Court of Quebec

The application is submitted to the local Cour supérieure du Québec in the judicial district where either spouse resides. If it is a joint application, both spouses sign, and no court appearance is required.

Step 4: Judicial Review

A judge examines the file to ensure that all legal conditions are met and that the agreements respect the Civil Code of Quebec and the Divorce Act (Canada).

Step 5: Receive the Divorce Judgment

Once everything is verified, the Divorce Judgment is issued and mailed to both parties. After thirty-one days, it becomes final, and an official Certificate of Divorce can be requested.

How Long Does It Take?

Type of Divorce	Average Duration	Court Appearance Required
Joint Uncontested Divorce	6–8 weeks	No
Uncontested Divorce (by one spouse)	2–3 months	Rarely
Contested Divorce	6–18 months	Yes, multiple hearings

The total time depends mainly on the accuracy of the documents and the processing speed of the court.

Legal Fees and Typical Costs

Service	Average Cost Range	Notes
Joint Divorce (No Children)	$1,200 – $1,800	Often available at a fixed rate
Joint Divorce (With Children)	$1,800 – $2,500	Includes child support calculations
Contested Divorce	$5,000 or more	Depends on complexity and the number of hearings

At Guzun & Associates, we provide fixed-fee options for uncontested divorces and maintain transparent communication about all costs and timelines.

Why Choose an Uncontested Divorce

A simple or uncontested divorce allows couples to separate legally while avoiding unnecessary conflict.

1. Faster resolution means the process is finalized in weeks instead of months or years.
2. Lower cost because one lawyer can prepare a joint file for both spouses.
3. Privacy and confidentiality since no public hearing is held.
4. Reduced emotional strain due to the cooperative and predictable nature of the process.
5. Legal certainty because the judgment clearly defines rights and obligations for both sides.

Lawyer’s insight: Many clients begin the process expecting confrontation but later realize that cooperation is not only less expensive but also helps preserve mutual respect, especially when children are involved. The law rewards clarity and goodwill. When every condition is clearly written and agreed upon, the procedure becomes smooth and stress-free.

Frequently Asked Questions

Can one lawyer represent both spouses? Yes, but only in a joint uncontested divorce where both parties fully agree. The lawyer acts as a neutral professional preparing and filing the documents.

Do I have to appear in court? No. The judge reviews the file in chambers and signs the judgment without a hearing.

Can I get divorced faster than one year of separation? Only if adultery or cruelty can be proven, but most couples prefer to wait the required year and file jointly.

What if my spouse lives abroad? You can still file in Quebec if you’ve lived here for at least one year. The spouse abroad can sign documents remotely.

Why Hire a Lawyer Even for a Simple Divorce

Even when both sides agree, divorce paperwork must comply with strict procedural rules. Missing a single form or clause can delay the judgment for months.

A lawyer ensures:

1. All declarations and calculations are accurate.
2. Custody and support follow the official guidelines.
3. The court accepts your file on the first submission.

At Guzun & Associates Lawyers, we prepare and file complete divorce applications, communicate directly with the court, and track your judgment until it becomes final.

Contact Our Office

If you and your spouse are ready to move on peacefully, we can help you finalize your uncontested divorce efficiently and with full legal security.

📞 Call us: +1 (514) 842-7414

📧 Email: office@avocatguzun.com

📍 Visit: 105-1 rue McGill, Suite 15B, Montreal, Quebec

Start your new chapter with clarity and peace of mind.