Joint Application for Divorce

A joint request for divorce,
yes it’s possible

A joint application for divorce, also known as an amicable divorce, is a joint proceeding presented on behalf of both spouses to the Superior Court. The lawyer in charge of the case represents both spouses simultaneously.

In fact, it is a procedure in which the spouses reach a mutual agreement on the terms of their separation, on the division of their financial interests, their family patrimony, their matrimonial regime, as well as on the custody of the children and the support for both the children and one of the spouses.

During the joint application for divorce, the spouses avoid going through a long and costly judicial procedure. Unlike traditional divorce proceedings, where the spouses face a more adversarial process and a decision by a judge. Joint divorce is considered a more respectful and harmonious option for the spouses.

The benefits of filing for a joint divorce are numerous.

Less Stress and Anxiety

Joint divorce court proceedings can be stressful and anxiety-provoking for spouses and their families. With a joint divorce filing, the spouses work together to reach an agreement, which certainly reduces stress and anxiety.

Professional Fees

When there is a dispute or contested debate in Superior Court, divorce proceedings are often lengthy and costly due to lawyers’ fees and court costs. A joint application is certainly less costly since it is the result of an agreement and a mutual understanding between the spouses.

More Control

Spouses have more control over the terms of their separation in a joint application for divorce. The spouses can work together to negotiate the terms of their separation, rather than being subject to a decision made by a judge.

Shorter Time Frame: Court divorce proceedings can take a long time to resolve. A joint application for divorce is expedited by the Superior Court because it is presented at the outset as an agreed-upon case.

The time to obtain a divorce judgment is approximately three (3) months once the documents are filed.

What Does the Divorce Application Cover

Divorce petition to obtain an irrevocable divorce judgment. The Superior Court to make orders on child custody, access rights. In other words, everything that concerns the sharing of parental time.

Also, the Superior Court will be able to render any judgment on the division of financial interests, whether it is with respect to the division of the family patrimony such as the division of the secondary residence and the cottage, the RRSPs, the pension funds, the Régie des rentes du Québec or the furniture and cars.

Finally, the Court will be able to dispose of your agreements concerning the division of your matrimonial regime and on the aspects of child support or spousal support.

In sum, joint divorce is a type of divorce that offers several advantages, including less stress and anxiety, less cost, more control, and shorter process time. The spouses can work together to reach a mutual agreement that suits their individual needs, rather than being subjected to an arbitrary decision made by a judge.

Me Martin Larocque divorce lawyer in boisbriand | M2L Avocats

Me Martin Larocque is a lawyer who has been practicing family law for thirty years and can help you. He regularly pleads before the Superior Court of the judicial districts of Terrebonne, Laval and Montreal.