The first step to getting divorced is filing a Notice of Family Claim and serving it on the other party. Alternatively, you and your spouse can file a Notice of Joint Family Claim. You can find Supreme Court Family Rules forms here.

You can file a Notice of Family Claim at any time after your separation – there is no requirement to wait for one year. After you file it, you must arrange for someone (other than you) to serve your spouse. You may want to hire a process server to serve your spouse. Whoever serves your spouse will need to provide you with an Affidavit of Service.

If you and your spouse agree that you both want to get divorced and there are no other issues, then your Notice of Family Claim should only seek a divorce. Your spouse should either (1) not file a Response to Family Claim, or (2) file a Response to Family Claim confirming that he or she agrees to the divorce. You will need to wait for one year after the date of separation to proceed with the next steps to get a divorce.

If there are issues that need to be resolved, you should outline those issues in your Notice of Family Claim. Your spouse will have 30 days after the date that he or she is served with your Notice of Family Claim to file a Response to Family Claim and Counterclaim. It’s important to note that this deadline is quite flexible, particularly if the responding party provides written notice that he or she needs more time. Although it’s advisable to abide by this deadline, it’s relatively common for people to file their Response to Family Claim and/or Counterclaim after the 30-day deadline.

If you or your spouse are seeking child support, spousal support, or property division, you and your spouse are also required to file a Form F8 Financial Statement within 30 days after a Notice of Family Claim is served. Again, it is relatively common for parties to file Financial Statements after the deadline, but it’s advisable to use your best efforts to comply with this deadline. You will need to attach your three most recent income tax returns and three most recent notice of assessments to your Financial Statement. See B. Documents Supplied on page 2 of the Financial Statement to determine what other documents you will need to attach.

You and your spouse may want to try to resolve your issues in mediation and/or arbitration at this stage. If either of you wants to proceed with a court application, the next step will be to  attend a mandatory Judicial Case Conference (“JCC”), unless the court grants either party permission to file an urgent court application before the JCC.

Once all issues have been settled (whether by agreement, court order, or arbitral award) and you have been separated from your spouse for at least one year, you and/or your spouse can proceed with the remaining court forms required for your divorce. These forms include a Requisition, Certificate of Pleadings, draft Final Order for Divorce, Desk Order Divorce Affidavit, and a Child Support Affidavit if you and your spouse have children. You may require additional documents. For example, if your spouse does not file a Response to Family Claim, you will need to file an Affidavit of Service confirming that your spouse was personally served with your Notice of Family Claim.

Completing all of these steps typically takes several months, and it may take years if you or your spouse chooses to proceed in court. Trial dates are often limited, and you will need to schedule a Trial Management Conference. Court procedure in Supreme Court can be confusing and complicated. If you want to try to do it yourself but need a bit of guidance, you may want to retain a lawyer for unbundled legal services.