Saskatchewan Divorce Forms

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Saskatchewan Divorce Law

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

The moment you make that final decision to get divorced, it is understood that you have gone through a series of challenges that cannot be resolved any other way. At this point, it is normal to wish for a fast and efficient resolution to the divorce process to prevent further stress. It’s a good thing that Saskatchewan divorce laws are straightforward. In the case of an uncontested divorce (where you or your spouse agree on child custody, child support, or property division), all you need to do is fill out the required forms and submit them to your local court. This is where we come in. Through our form preparation service, you can make sure you accurately fill out the right set of forms.

There will be times when you and your spouse disagree on some of the terms of the divorce. In this case, there is no need to give up on the idea of an uncontested divorce just yet. There are professional divorce mediators in Saskatchewan who can help you come to agreeable terms.

To help you have a better grasp of how divorce goes in Saskatchewan, we have put together some basic information below.

 

Saskatchewan Divorce Facts 

In 2008, numbers from Statistics Canada showed that there were 18.3 divorces in Saskatchewan for every 10,000 residents. The province has a lower divorce rate than a lot of other provinces and territories in Canada.

There are three valid grounds you can use when filing for a divorce – adultery, extreme cruelty, and separation for at least a year. Note that this separation incudes time spent living in the same house for financial or other relevant reasons.

 

Saskatchewan Divorce Papers and Forms 

The required forms would vary depending on the circumstances of your divorce. The website of the Government of Saskatchewan gives information on what you need to get divorced. You cannot, however, download the forms you’ll need. You would have to call them and request for the necessary forms to be mailed to you. This is why we offer form preparation services. Not only does this give you easier access to the forms that you need, we can also clear any confusion on the specific requirements that apply to your case. Remember that any mistake on your forms could lead to additional costs and delays.

 

How to File Divorce Papers in Saskatchewan 

In filing your divorce forms, make sure you have three copies of each. One set will be submitted to the local court, one will be served to your spouse, and one will be kept for your personal records. Find out which local Court of Queen’s Bench is closest to your location. Submit your forms there and pay the necessary fees. From here, the clerk of court will give you further information on what your next steps are.

 

How to Serve Divorce Papers in Saskatchewan 

It is necessary to serve your spouse with the divorce papers to make sure he or she is given the chance to respond, or to contest some of the terms provided. If the divorce is jointly filed, then this step can be skipped.

You are not allowed to serve the papers yourself, but you are allowed to find a representative over the age of 18 to do it for you. If you do not want any of your family or friends to get involved, you can pay a private process server to do it for you.

Once the papers are served, whoever delivered the papers will have to complete an “Affidavit of Service”. This will be submit to the court as part of the filing process as well.

 

Divorce Residency Essentials to Get Divorce in Saskatchewan 

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

 

Reasons for Divorce in Saskatchewan 

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

A court in Saskatchewan 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 Saskatchewan 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.

Saskatchewan 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 Saskatchewan 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.

 

Saskatchewan 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. 

 

Saskatchewan Child Support Guidelines 

These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances of a case. 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. Saskatchewan driver’s licenses may be suspended for failure to pay child support.

 

Property Distribution 

Saskatchewan 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 Saskatchewan for mediation.

 

 

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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

  • 1. Create an account:

    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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