Divorce Resources in Quebec: Court Forms, Legal Aid & Filing Guide

To file for divorce in Quebec, you must submit an Application for Divorce (Form I) to the Superior Court of Quebec in the judicial district where you or your spouse habitually resides. Quebec operates under the federal Divorce Act (R.S.C., 1985, c. 3, 2nd Supp.) for divorce jurisdiction, while provincial procedures follow the Code of Civil Procedure (C-25.01). The filing fee is CAD $325 for a contentious application or CAD $108 for a joint application on draft agreement, plus a mandatory CAD $10 Central Registry of Divorce Proceedings fee payable to Justice Canada. You must establish at least one year of separation, adultery, or physical or mental cruelty under Section 8 of the Divorce Act. Spouses who agree on all terms — parenting arrangements, support, and property division — may file jointly at the reduced fee.

Your application must include several mandatory supporting documents filed simultaneously with the Court Clerk under the Regulation of the Superior Court of Quebec in family matters (C-25.01, r. 0.2.4). These include: the Application for Divorce (Form I); an Attestation with respect to the registration of births (Form II); a Statement Required under Article 444 of the Code of Civil Procedure (C-25.01) for each party if support is claimed; the Child Support Determination Form (Schedule I) under the Regulation respecting the determination of child support payments (C-25.01, r. 0.4); your three most recent pay stubs; federal and provincial income tax returns with Notices of Assessment for the last three years; your marriage certificate; and your marriage contract if applicable.

After the Court Clerk opens your file and assigns a court file number, they issue a Certificate of Court Clerk confirming registration with the Central Registry of Divorce Proceedings maintained by Justice Canada. In a contested divorce, you must serve the application personally on your spouse through a bailiff (huissier de justice) under Article 139 of the Code of Civil Procedure (C-25.01). Your spouse then has 15 days to file a defence if served in Quebec, or 30 days if served elsewhere in Canada. Before proceeding to trial, both parties must attend a mandatory parenting and mediation information session under Article 417 of the Code of Civil Procedure (C-25.01) and file a Case Protocol in family matters establishing procedural deadlines.

Quebec provides free family mediation sessions for separating couples under the Regulation respecting family mediation (C-25.01, r. 0.7). Couples with dependent children receive five free mediation sessions, while couples without dependent children receive three hours of free mediation with an accredited family mediator. You may file electronically through the Digital Court Office (Lexius) at the Superior Court. If you qualify for legal aid through the Commission des services juridiques, you may present a certificate of eligibility instead of paying court fees. The divorce judgment takes effect 31 days after it is rendered unless appealed, under Section 12 of the Divorce Act. You may then request a Divorce Certificate from the Court registry.

Quebec requires a mandatory parenting and mediation information session before any contested family case involving children can proceed to trial. Under Article 417 of the Code of Civil Procedure (C-25.01), any case concerning parenting arrangements, decision-making responsibility, spousal or child support, family patrimony, or other patrimonial rights cannot be heard by a judge unless both parties have jointly or separately attended this information session. The session is free of charge, conducted remotely by two experienced mediators — one from the legal field and one from the psychosocial field — and covers the psychological impact of separation on children, communication between parents, and the mediation process. Parties who have previously attended such a session for a prior dispute, or who hold a certificate from a recognized domestic violence assistance organization, are exempt under Article 417. However, the court may still order attendance in the children's interests.

Quebec mandates participation in a parenting and mediation information session under Article 417 of the Code of Civil Procedure (C-25.01), but full mediation itself remains voluntary. The province offers a generous publicly funded family mediation program under the Regulation respecting family mediation (C-25.01, r. 0.7). Couples with dependent children receive five free mediation sessions with an accredited family mediator paid by the Ministry of Justice. Couples without dependent children are entitled to three hours of free mediation. Mediator fees beyond the free sessions are set at $130 per hour under the Regulation. Mediation may address parenting arrangements, decision-making responsibility, child support, spousal support, family patrimony partition, and division of the matrimonial regime. To find an accredited mediator, contact the Quebec Family Mediation Service or the Association de médiation familiale du Québec.

Quebec requires comprehensive financial disclosure in every divorce proceeding involving support or property claims. Under Article 444 of the Code of Civil Procedure (C-25.01), every application relating to a support obligation must be accompanied by a sworn financial statement from each party. This form — the Statement Required under Article 444 — discloses income from all sources, assets, liabilities, and living expenses, and provides Revenu Québec with the information necessary to administer automatic support collection. Under Section 9 of the Regulation respecting the determination of child support payments (C-25.01, r. 0.4), both parents must disclose their total income for the Child Support Determination Form (Schedule I). Required supporting documents include three most recent pay stubs, federal and provincial income tax returns with Notices of Assessment for the last three taxation years, and a completed Calculating Statement of Family Patrimony (Form IV) listing the net value of all assets under Articles 414–426 of the Civil Code of Quebec. Failure to provide complete disclosure may result in the court drawing adverse inferences or imputing income.