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.
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:
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:
General reasons include, but are not limited to:
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.
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:
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:
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.
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.
There is no legal provision in Nunavut for mediation.
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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.
Simply register online, pay the small fee, gather your papers and ready to get a divorce.
Answer each of the questions we will ask you and the forms will be completed for you.
Print our state approved completed forms, and file the divorce forms in the court.
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