QUEBEC DIVORCE GUIDE

How to File for Divorce in Quebec
Without a Lawyer

Filing for divorce in Quebec without an attorney costs CAD $328 in court fees. You must meet the residency requirement of 1 year in Quebec. Quebec is a equitable distribution state with a 1 year separation waiting period. An uncontested divorce typically takes 4-8 months (after separation). Victoria AI guides you through every step with Quebec-specific instructions.

CAD $328
Filing Fee
1 year separation
Waiting Period
1 year in Quebec
Residency
4-8 months (after separation)
Timeline

Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team

Quebec Divorce Requirements at a Glance

Filing FeeCAD $328 (The court filing fee is CAD $328 for a divorce application in Quebec Superior Court. Joint applications may have different fees. Fee waivers available.)
Residency Requirement1 year in Quebec
Waiting Period1 year separation
Property DivisionEquitable Distribution (fair, not equal)
Grounds for Divorce1 year separation (no-fault), Adultery, Mental or physical cruelty
No-Fault Only?No (fault grounds available)
Uncontested Timeline4-8 months (after separation)
Contested Timeline1-3 years
Fee Waiver Available?Yes
~15,000
Divorces per year in Quebec
~25%
Pro se filers
4-8 months (uncontested)
Average duration
CAD $328
Median filing fee

Quebec Residency Requirements

To file for divorce in Quebec, you must meet the following residency requirement: 1 year in Quebec.

At least one spouse must have been ordinarily resident in Quebec for at least 1 year immediately before starting the divorce. Quebec uses civil law (not common law) for family matters.

Tip: Victoria AI can help you determine if you meet Quebec's residency requirements and guide you through the documentation needed to prove residency.

How to File for Divorce in Quebec: Step-by-Step

Follow these steps to file for divorce in Quebec without an attorney. Victoria AI guides you through each step with state-specific instructions.

STEP 1

Meet Residency Requirements

At least one spouse must have been ordinarily resident in Quebec for at least 1 year immediately before starting the divorce. Quebec uses civil law (not common law) for family matters.

STEP 2

Gather Required Forms

Download the official Quebec divorce forms: Application for Divorce, Declaration, Statement of Family Patrimony. All forms are available from the Quebec courts website.

STEP 3

Complete Your Petition

Fill out the divorce petition (Superior Court) with your information, grounds for divorce, and what you're requesting (property division, custody, support).

STEP 4

File with the Court

File your completed petition with the Quebec court and pay the filing fee of CAD $328. Fee waivers are available if you qualify financially.

STEP 5

Serve Your Spouse

Properly serve your spouse with the divorce papers according to Quebec rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.

STEP 6

Complete Financial Disclosure

Exchange mandatory financial disclosure documents as required by Quebec law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.

STEP 7

Wait for Response & Complete Waiting Period

Under the federal Divorce Act, spouses must live separate and apart for 1 year. Quebec's civil law system handles all other family matters. You can file before the year is complete.

STEP 8

Finalize Your Divorce

Submit your final judgment to the court. For uncontested divorces in Quebec, this typically takes 4-8 months (after separation). The court will issue your final divorce decree.

Required Forms for Quebec Divorce

These are the primary forms you'll need to file for divorce in Quebec. Victoria AI guides you through completing each form correctly.

Application for Divorce

Superior Court

Initiates the divorce

Declaration

Required

Sworn statement of facts

Statement of Family Patrimony

Required

Property disclosure

Divorce Judgment

Final order

Final decree

Quebec Divorce Costs & Filing Fees

The filing fee to start a divorce in Quebec is CAD $328. The court filing fee is CAD $328 for a divorce application in Quebec Superior Court. Joint applications may have different fees. Fee waivers available.

Cost TypeAmount
Court Filing FeeCAD $328
Service of Process$50-$100 (varies by method)
Certified Copies$5-$25 per copy
Total DIY UncontestedCAD $600-$2,500 (uncontested DIY)

Fee Waiver Available in Quebec

If you cannot afford the filing fee, Quebec offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.

Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.

Serving Your Spouse in Quebec

After filing your divorce petition in Quebec, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.

Acceptable Methods of Service in Quebec

Personal Service

A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.

Certified Mail

Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.

Acceptance of Service

Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.

Service by Publication

If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.

Important: Proof of Service

You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. Quebec courts are strict about service requirements.

Property Division in Quebec

Equitable Distribution State

Quebec is a equitable distribution state.

Quebec's Civil Code governs property division. The family patrimony (residence, vehicles, pensions, RRSPs) is divided equally. Other property follows the matrimonial regime chosen at marriage (usually partnership of acquests).

Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Quebec law applies to your specific property.

Child Support in Quebec

Quebec uses the Quebec Child Support Determination Model.

Quebec uses its own Child Support Determination Model (not Federal Guidelines). It considers both parents' incomes, custody time, and number of children. Quebec's model often differs from federal calculations.

Spousal Support Factors in Quebec

  • Needs of each spouse
  • Means of each spouse
  • Duration of the marriage
  • Standard of living during marriage
  • Child care responsibilities
  • Quebec Civil Code principles

Quebec Divorce Timeline: What to Expect

Understanding the timeline helps you plan and set realistic expectations for your Quebec divorce.

Uncontested Divorce

4-8 months (after separation)

When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.

Contested Divorce

1-3 years

When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.

Typical Quebec Divorce Timeline (Uncontested)

1

File Petition

Day 1 - Submit your divorce paperwork and pay the CAD $328 filing fee

2

Serve Your Spouse

Within 30 days - Ensure proper legal service of divorce papers

3

Response Period

20-30 days - Your spouse has time to file a response

4

Waiting Period

1 year separation - Under the federal Divorce Act, spouses must live separate and apart for 1 year. Quebec's civil law system handles all other family matters. You can file before the year is complete.

5

Final Judgment

Court issues your final divorce decree

Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.

What Makes Quebec Divorce Unique

Civil law system (unique in Canada)

Family patrimony concept

Own child support model (not federal)

French is primary language

Partnership of acquests default regime

Mediation subsidized for parents

Key Quebec Divorce Laws

  • Divorce Act (Canada)Federal Divorce Law
  • Civil Code of QuebecFamily Law Provisions
  • Quebec Child Support GuidelinesChild Support Model
  • Code of Civil Procedure (Quebec)Court Procedures

Quebec Divorce FAQ

Common questions about filing for divorce in Quebec without an attorney.

Victoria AI Knows Quebec Divorce Law

Get 24/7 guidance specific to Quebec's forms, procedures, and requirements.

Quebec-specific forms

Guidance through every required form

Financial disclosure wizard

Complete your financial affidavit step-by-step

Child support calculator

Using Quebec's exact guidelines

AI document drafting

Create properly formatted legal documents

Evidence notebook

Organize and categorize case documents

24/7 AI guidance

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Not Legal Advice

Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.

Official Sources

All Quebec divorce information verified from official state court sources.

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