Nunavut Divorce Forms

File for divorce online in 1 hour or less with our court approved Nunavut divorce papers.

Nunavut Divorce Law

Download completed divorce forms based upon the answers you provide in the online interview. We provide Nunavut Province Approved downloadable divorce kits, complete with divorce instructions, to allow you to obtain a divorce in Nunavut. Download your uncontested or no fault divorce papers and eliminate any divorce attorney. Click the Start Now button and begin your online divorce today.

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Divorce in Nunavut, Canada 

Getting divorced is hard decision to make. Because you are here, it is safe for us to say that you have seen your fair share of stress brought about by the divorce process. Now that you have made a decision, it is understandable that you want to move forward as quickly as possible. It’s a good thing the Province of Nunavut has a straightforward divorce process. An uncontested divorce will make things easier, knowing that there will be no complications due to child custody, child support or property division disputes. From here, it is possible to complete your divorce without the need to pay for an attorney. If you are qualified, you can prepare the required forms and submit them to the courts directly.

We have made the process of completing your forms less complicated. This gives you the chance to have the right set of forms filled out the right way for a more seamless divorce filing process.

If there are disputes in terms of child custody, child support or property division, it is best to get a divorce mediator to sort the conflict. Professional mediators have the necessary training needed to help you arrive at terms favorable for both of you, making it possible to have an uncontested divorce. This also allows you to cut back on divorce costs and complete the process much faster.

 

The information below should help you have a better understanding of the divorce process in Nunavut.

 

Nunavut Divorce Facts

Statistics Canada states that Nunavut 2008 divorce rate was lower than other provinces and territories at 8.2 divorces in every 10,000 residents.

Both fault and no-fault divorces are recognized in Nunavut. For fault divorces, extreme cruelty and adultery are valid grounds. As for no-fault divorces, you can use the grounds of living separately due to the marriage not working. Most opt for the no-fault option because it gets rid of the need to place blame. It is also faster and less expensive.

 

Nunavut Divorce Papers and Forms

The paperwork required would depend on the circumstances of your divorce. The most basic requirement would be the “Statement of Claim for Divorce”.

The official website of the Nunavut Courts have all the forms you need for a divorce. But without the proper legal training, the entire process can be confusing. You would need to determine which forms are applicable to your case. There are also specific ways for you to fill out the forms. To make things less complicated, you can course your divorce through us. Here, you are not only ensured you are filling out the right forms, you can also rest easy knowing that your forms are filled out the right way. This gives you the confidence you need to file the papers in court.

 

How to File Divorce Papers in Nunavut

Any divorce-related matter is handled by the Court of Queen’s Bench. You can use the map on the Nunavut Courts website to find the court nearest your location so that you can file your divorce papers.

Always remember to furnish several copies of your forms – you need one copy to serve to your spouse, once to submit to the courts, and one for your own records. Prepare $150 for the application, but call ahead to make sure as the fees may change from time to time. The moment your fee is paid, the clerk will stamp and label your forms with the right file number.

 

How to Serve Divorce Papers in Nunavut

Serving divorce papers simply means giving your spouse copies of the documents. This is an important part of the process as it gives all parties involved the chance to respond and have an active part in the process.

The Province of Nunavut does not allow you to personally serve the documents to your spouse. You will need someone who is not part of the process and is at least 18 years old. There are also paid private services available in case you do not want family or friends to do this for you. Once the papers are served, the person who delivered the documents would have to fill out an Affidavit of Service. This affidavit would have to be submitted to the court as part of the filing process.

After this, the process takes on a course dependent on your circumstances. Divorces filed jointly will not require you to serve copies to your spouse. Otherwise, you will be given instructions on how to serve copies to the other party to continue the process. The clerk will also let you know what other next steps there are to complete.

 

Divorce Residency Essentials to Get Divorce in Nunavut

Every province has residency requirements, and Nunavut is no different.  If you do not meet the requirements, either your case will be dismissed or it will go unaccepted entirely.  For Nunavut, the requirements are:

When one of the spouses is a nonresident of the state, the spouse filing for divorce must have been a resident of the province for at least six months before filing for di­vorce.

The divorce may be filed for in any of the following: 

  • The county where the defendant resides;
  • The county where the spouses both resided at the time of their separation; or
  • The county where the plaintiff resides if the defendant is a non-resident of Nunavut.  

 

Reasons for Divorce in Nunavut

There are two primary categories of divorce filing in Nunavut. They are fault and no-fault.  In order to file for divorce in Nunavut, the proper grounds must be established.  Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.  

No-fault reasons for divorce in Nunavut include:

  • Voluntary separation lasting more than a year. 

General reasons include, but are not limited to:

  • Adultery
  • Living separate and apart without cohabitation for over two years without the husband supporting the wife (divorce must be filed by wife); 
  • Mental or physical cruelty committed by the other party.

 

Custody of the Children in Nunavut 

 A court in Nunavut grants the custody of the children upon divorce. The child custody can be granted to either parent on the following grounds.

  • Best interests of the child:  When children who are minors are involved in a divorce, the Nunavut courts will do whatever it takes to help lessen the emotional trauma on the children. If the parents cannot reach an agreement with regards to the issues in which the children are involved, the court will determine the matter of custody at its discretion.
  • The age and sex of the child;
  • The safety and well-being of the child.
  • The moral character of the parents.

Nunavut officially favors joint custody (but not equal physical custody) if in the best interests of the child and the parents agree. The wishes of the child are also a factor to be considered. There is a legal presumption against giving custody to any person who has inflicted any violence against either a spouse or a child. In abuse cases, the judge is required to consider any history of domestic abuse and may not consider the fact that a parent or spouse has relocated to avoid abuse. 

Factors taken into consideration for Nunavut include:

  • Parental custody agreement;
  • Parental cooperation;
  • Parental ability to encourage love and sharing;
  • Any history of abuse.
  • Geographic proximity of parents. 

Joint custody may be awarded.  However, if the wife abandons the husband and the children are over seven years old, the husband is granted custody if he is suitable. Grandparents may be given visitation rights.

 

Nunavut Spousal Support Guidelines

The judge has full discretion when it comes to issuing an allowance for maintenance to either spouse if the spouse does not have the means to do so for themselves. This award may be made out of the property belonging to the other spouse, unless it is separate prop­erty (acquired by gift or inheritance, or acquired prior to the marriage) and was never used for the common benefit of the marriage.

In applying the statewide uniform guideline, the courts will consider the following:

  • The value of the estate of both spouses.
  • The condition of the spouse’s family.  Up to 50% of a spouse’s retirement benefits may be used for alimony if the retirement was accumulated during a marriage of ten years or more. Misconduct of either spouse may be considered in the determination as to whether to award maintenance and may totally bar the right to any maintenance. Any award of maintenance will be terminated if the recipient is living openly with a member of the opposite sex or has remarried. 

 

Nunavut Child Support Guidelines

A written agreement between the parents for a different amount with a reasonable explanation for the deviation from the guidelines will also be allowed. A standardized Child Support Guidelines form and Child Support Income Statement/Affidavit must be filed in every case in which child support is requested. There is also a procedure for expedited processing in child support cases. Nunavut driver’s licenses may be suspended for failure to pay child support.

 

Property Distribution

Nunavut is an “equitable distribution” province and the judge has full discretion to divide any jointly-owned real estate or personal property, but does not have the authority to award the wife’s separate property to the husband (regardless of whether the wife’s separate property was obtained before or after the marriage). Gifts and inheritances are considered separate property and are not subject to division unless they have been used for the common benefit of both spouses. The property division need not necessarily be exactly equal, but it must be equitable. Marital fault may be considered in the division of property.

 

Divorce Mediation

There is no legal provision in Nunavut for mediation.

 

START Your Divorce Process Now!
We offer more than a divorce preparation service:

Online Document Creation: All online divorce forms completed in real time and available for instant filing and delivery in your local court house.

Dedicated Case Manager: Upon registration, you will have direct access via email and phone to your dedicated account manager who will help you through each and every step of the online process.

Unlimited Document Updates: We are happy to do any changes at any time to help you through this process.

100% Money Back Promise: We guarantee our forms will be accepted by the court or your money back.

FREE Access to a Full Video Library on Divorce: Our team has taken the time to explain the issues regarding taxes, estate planning and more.

Detailed Instructions to serve your Spouse: Part of the process of obtaining a divorce is doing a proper service. We show you how to do it.

Marital Settlement Agreement: You will get a complete settlement agreement that you and your spouse can agree to.

Free Name Change for Wives: Yes, you can get your old name back with our service.

FREE Parenting Plan: With our service you can create a parenting plan on line to be included in your documents.

FREE Child Support Calculator: Our online service helps you calculate child support payments if needed.

FREE Alimony Calculator: If spousal support is required, our site will allow you to make the right choices.

Unlimited Telephone Support: Our support team is on hand every business day from 8am PST – 5pm PST to answer any questions.

  • My Divorce Steps

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    Simply register online, pay the small fee, gather your papers and ready to get a divorce.

  • 2. Answer the Questions:

    Answer each of the questions we will ask you and the forms will be completed for you.

  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

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