Divorce Lawyers

Thinking about ending your marriage, or your spouse has already filed? A divorce lawyer can explain your rights, help you reach an agreement where possible and represent you in court when you cannot. On this page you can compare lawyers who handle divorce in Quebec, see their rates and availability, and book a consultation online.

What a divorce lawyer does

A lawyer in this area guides you through the legal side of ending a marriage. That can mean explaining what the law says about your property, support and children, reviewing or drafting a separation agreement, negotiating with your spouse's lawyer, preparing the court documents and representing you before the judge. Many couples settle most issues out of court, and good advice early on often keeps the process calmer and shorter.

Divorce is part of family law. For custody, support or separation issues that do not involve a divorce, see our page on family law lawyers.

Common situations

• Uncontested divorce: you and your spouse agree on the main issues and want a lawyer to prepare or review the agreement and the joint application.
• Contested divorce: you disagree on custody, support or how to divide property, and a judge may have to decide.
• Children: deciding where the children will live, how parenting time is shared and how major decisions are made.
• Child and spousal support: asking for support, contesting an amount or changing an existing order when circumstances change.
• Property and debts: dividing the family patrimony, the family home, pensions, a business or shared debts.
• Reviewing an agreement: checking a proposed settlement before you sign, so you understand what you are agreeing to.

How divorce works in Quebec

Two sets of rules apply at the same time. The federal Divorce Act governs divorce itself: who can divorce, the grounds, and parenting and support between married spouses. Quebec's Civil Code of Québec governs the property side, including the family patrimony and your matrimonial regime.

The family patrimony is a set of assets, such as the family residences, household furniture, family vehicles and pension or retirement savings built up during the marriage, whose value is generally shared between married spouses when the marriage ends. Other property is divided according to your matrimonial regime: the partnership of acquests by default, or another regime such as separation as to property if you signed a marriage contract.

In Quebec, divorce cases are heard by the Superior Court of Québec. The only legal ground is the breakdown of the marriage, which is most often shown by the spouses having lived separate and apart, although adultery or cruelty can also be invoked.

Uncontested or contested divorce

When spouses agree on everything, they can file a joint application for divorce together with a signed agreement covering the children, support and property. A judge reviews the agreement, especially the parts that concern the children, before granting the divorce. This route is usually simpler and less stressful, but each spouse still benefits from independent advice before signing.

When spouses cannot agree, one of them files an application and the other responds. The case may then involve negotiations, exchanges of financial information, expert evaluations and, if no settlement is reached, a hearing where a judge decides. A lawyer can tell you which parts are worth fighting over and which are better settled.

Children, support and mediation

Every decision about children is made in their best interests. Parents are encouraged to agree on custody and parenting arrangements themselves, and in a contested case they are generally asked to attend an information session on parenting after separation.

Child support in Quebec is calculated with the Quebec model for determining child support, which takes both parents' incomes and the parenting arrangement into account. Spousal support is assessed case by case, depending on factors such as each spouse's needs and means and their roles during the marriage. Couples with children can use a number of free family mediation sessions with an accredited mediator, which often helps settle these questions without a trial.

Common-law spouses: separation, not divorce

Common-law (de facto) spouses do not divorce, because they were never married, and the Divorce Act does not apply to them. Their separation follows different rules: the family patrimony does not apply to them in the same way, and recent Quebec reforms have created new rules for some common-law couples with children. Child support and custody still apply. A lawyer can tell you which rules cover your situation.

When to get a lawyer

• Your spouse has filed for divorce, or you received court documents.
• You disagree about the children, support or dividing property.
• Before signing a separation agreement or a joint application.
• There is a business, significant pension or complex assets to divide.
• You have safety concerns or there is family violence.

Legal aid may cover part or all of a divorce case if you are financially eligible, and some lawyers accept legal aid mandates. For more on the process, the Quebec government's separation and divorce page is a good starting point.

Preparing for your consultation

• Your marriage certificate and any marriage contract.
• Recent income information for you and, if you have it, your spouse.
• A list of assets and debts: home, vehicles, pensions, savings, loans.
• Any agreement, court document or letter you have already received.
• Your questions about the children, support and next steps.

For tips on picking the right person, read our guide on how to choose a lawyer in Quebec.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates, language and availability, and book a consultation directly. Each lawyer sets their own rates and you can see them before you book. You can also search all divorce lawyers or see divorce lawyers in Montreal.

Frequently asked questions

What is the first thing I should do if I want a divorce?

Gather your key documents and get advice before making major decisions, such as moving out with the children or signing an agreement. A first consultation helps you understand your rights and options before you speak to your spouse about the details.

Do we both need a lawyer for an uncontested divorce?

Not necessarily, but each spouse benefits from independent advice. A lawyer can only represent one spouse, so if one lawyer prepares the agreement, the other spouse may want their own lawyer to review it.

Is mediation mandatory in Quebec?

Mediation is not mandatory, but it is encouraged, and parents in a contested case are generally asked to attend an information session on parenting after separation. Mediation is not appropriate in every situation, for example where there is family violence.

Can legal aid cover my divorce?

Possibly. Legal aid covers many family matters for people who meet the financial eligibility rules. Contact a legal aid office, or ask a lawyer whether they accept legal aid mandates.

What if we were never married?

Common-law spouses do not divorce. Their separation follows different rules for property and support, although child support and custody apply in the same way to all parents.