Separation and divorce
How much do legal proceedings cost?
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I want to answer questionsEven if you choose to represent yourself in your divorce or separation-related proceedings, instead of hiring a lawyer, you’ll still have to pay certain legal costs. These costs vary a great deal from one situation to another.
Joint application or contested application: what's the difference?
If you and your ex agree on all issues related to your separation (for example, division of property, the time that your child will spend with each of you, support payments, etc.) and you are willing to present an application together, you can file what's called a “joint application”.
If you and your ex disagree on any issues related to your separation and you don't file a joint application, the application will be considered “contested”.
The cost of filing an application in court
Whether you’re filing a joint application with your ex or one that he or she will contest, you must start by paying the applicable fee set out in the “Tariff of court costs”.
This fee must be paid at the court office. It varies according to the type of case (married couples or de facto partners, joint application or contested application, etc.) and what's being requested (custody and child support, claiming an amount of money, recognition of a court decision from outside Quebec, etc.)
If the proceeding is contested
The proceeding must be “served”. This means that a bailiff must deliver the documents to your ex to begin the process. Bailiff fees generally vary between $40 and $200, depending on factors such as the distance to be traveled and the number of visits the bailiff must make.
In some cases you might have to serve the application in another way. This could be the case, for example, if your ex is outside of Canada or cannot be found. In these cases, you might have to pay fees to publish a notice in a newspaper or to serve a document abroad.
Costs during and after the court process
For a joint application
After the application has been filed in court, there will be no other fees to pay to obtain the judgment, regardless of the issues involved in the case.
If the proceeding is contested
After the application has been filed in court, the fees will vary according to the length of time it takes to resolve the case and the complexity of the case. However, there are some fees that come up regularly:
- photocopy costs
- fees for an expert’s report (at least several hundred dollars, but varies according to the expert)
- costs for mailing documents or having them served by bailiff
- transportation costs for you to get to the courthouse
Once the court process is finished, your ex may have to make payments to you or give you certain property. If they refuse to do so and fail to comply with a judgment, you may have to hire a bailiff to recover what is due to you. In this situation, there will be bailiff fees to pay, but you can be reimbursed in part if the bailiff succeeds in recovering what is due to you.
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ANG - L’information présente sur cette page ne constitue pas un avis ou un conseil juridique. Nous vous indiquons ce que dit la loi au Québec de manière générale. Pour obtenir un avis ou un conseil juridique concernant votre situation personnelle, consultez un professionnel du droit.
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Joint Divorce Help Tool
Free and easy to use, JuridiQC’s help tool assists married couples who don’t have children together as they prepare their joint divorce application. From filling out documents to filing them at the courthouse, we provide step-by-step guidance.