Prince Edward Island Divorce Forms

File for divorce online in 1 hour or less with our court approved Prince Edward Island divorce papers.

Prince Edward Island Divorce Law

Download completed divorce forms based upon the answers you provide in the online interview. We provide Prince Edward Island Province Approved downloadable divorce kits, complete with divorce instructions, to allow you to obtain a divorce in Prince Edward Island . 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 Prince Edward Island, Canada 

Divorce is never easy. At this point, you just want to find the best path to take to make the process easier and less complicated. It’s a good thing Prince Edward Island’s divorce process is straightforward, especially in the case of an uncontested divorce. The lack of conflict in areas like property division, child custody and child support makes the process easier and less expensive to pursue. This means that there may be no need for an attorney to represent you – all you need are the required forms, which you can directly submit to the court.

In case of disagreements, you can come up with favorable terms that will allow you to pursue an uncontested divorce through the help of a professional divorce mediator. This makes it easier and faster to complete your divorce.

We have put together some information below to help you understand the process better.

 

Prince Edward Island Divorce Facts 

2008 numbers from Statistics Canada show that there were 21.9 divorces in every 10,000 residents in Prince Edward Island. This puts the province in the middle in comparison with other provinces’ and territories’ divorce rates.

The divorce laws in Prince Edward Island state  that there are only three grounds by which divorce can be filed – extreme cruelty, adultery and living separately for at least a year.

 

Prince Edward Island Divorce Papers and Forms 

Every divorce case may require a different set of forms to be submitted. The most common will be your “Petition for Divorce”, but you may need other forms in case there are children involved or properties to divide.

You can get more information from The Family Law Centre under the Prince Edward Island Department of Justice and Public Safety if you want to find out more about how the divorce process goes. Of course, without the help of a legal team, the process may prove to be confusing. This is what we’re here for. Through our for preparation service, we can ensure that you submit all the necessary forms, each of them filled out the right way. Note that any mistake would mean additional delays and costs. This can be avoided with our help.

 

How to File Divorce Papers in Prince Edward Island 

Once you have completed all the required forms, you can submit them to the nearest family court. Just make sure you have 3 sets of forms all in all – one to be submitted to court, one to be served to your spouse, and one to be kept for your personal records. It is also better if you call ahead and inquire about the current filing fees.

Once your papers have been filed, the clerk of court will inform you on what happens next. The process varies depending on the case, so it is best that you ask the clerk of court all possible questions that you may have.

 

How to Serve Divorce Papers in Prince Edward Island 

You will be required by the courts to serve your spouse with the divorce papers you have filed. This allows your spouse to respond to the case, or to object to some of the conditions given. Of course, if you have filed for the divorce jointly, there will be no need to do this.

You will not be allowed to serve your spouse personally, but you can find anyone over the age of 18 to do it for you. There are private process servers that you can pay as well, ensuring timely delivery and knowledge of the process.

Whoever serves the papers will be required to complete and “Affidavit of Service”. This is proof that your spouse has been served. This will be submitted to the courts to complete the filing process.

 

Divorce Residency Essentials to Get Divorce in Prince Edward Island 

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

 

Reasons for Divorce in Prince Edward Island 

There are two primary categories of divorce filing in Prince Edward Island. They are fault and no-fault.  In order to file for divorce in Prince Edward Island, 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 Prince Edward Island 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 Prince Edward Island 

A court in Prince Edward Island 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 Prince Edward Island 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.

Prince Edward Island 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 Prince Edward Island 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.

 

Prince Edward Island 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. 

 

Prince Edward Island 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. Prince Edward Island driver’s licenses may be suspended for failure to pay child support.

 

Property Distribution 

Prince Edward Island 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 Prince Edward Island 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.

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

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