Divorce
3. Applying for a divorce
Divorce is the process of dissolving a legal marriage. Divorce proceedings are governed by the Northwest Territories Divorce Rules and the Canada Divorce Act.
To apply for a divorce you or your spouse must have lived in the Northwest Territories for one year. You must also show that grounds for divorce exist - that your marriage has broken down and that:
- you have been separated for one year; or
- your spouse has committed adultery; or
- your spouse has treated you cruelly.
A simple, uncontested divorce proceeds as follows:
A petition for divorce is filed at a court registry, and served to the other spouse (the respondent).
The respondent has 25 days to file an answer or counter-petition if served within the Northwest Territories, or 30 days without.
If no counter-petition is filed, the person seeking divorce provides the court with an affidavit outlining the facts and circumstances of the marriage, separation, the children of the marriage, and other facts.
A judge examines the documents and will grant a divorce judgment if satisfied that grounds for divorce exist and appropriate arrangements have been made for your children.
The divorce judgement is sent to the respondent, who has 30 days to appeal the judgment. If no appeal is filed, the judgment becomes final on the 31st day, and you can request a certificate of divorce from a court registry.