Divorce Lawyer Montreal

Do you need a divorce lawyer in Montreal? Contact Goldwater, Dubé today. We have competent attorneys who can offer you the counsel and representation you need.

Divorce Attorneys in Montreal

Divorce in Montreal is governed by the federal Divorce Act and the Civil Code of Quebec (CCQ). This legal process can be quite complex, as it involves other issues, including family patrimony division, child custody, spousal support, and child support.

Montreal divorce and family lawyers help couples make informed decisions throughout the divorce or separation process. They can file petitions on their behalf, negotiate with the other spouse and represent them in court.

Divorce can be a life-changing decision that can affect your children, finances, and personal life. Hiring a family lawyer to handle your divorce proceedings is recommended. Divorce lawyers from Goldwater, Dubé can provide you with sound legal advice and will fight for a favourable divorce settlement.

What Are the Types of Divorce in Montreal, Quebec?

There are two main types of divorce in Quebec, amicable and disputed.

Amicable (Joint) Divorce

When spouses agree on all the terms of their marriage breakup, the divorce is known as amicable or joint. An amicable divorce allows for a quick settlement, as no litigation is needed. Spouses can file the joint application when they meet the following conditions:

  • They are living apart on the date of filing the application
  • They agree on all the consequences of the divorce, such as child custody
  • They have been separated for one year or more
  • There are no hopes of reconciliation

The court will not approve a joint divorce application if the reason is adultery or physical and mental cruelty.

Disputed (Contested) Divorce

A disputed divorce happens when spouses cannot agree on certain terms of the divorce. It usually involves going to court before a judge to help the parties settle. One or both spouses must file their divorce application at a Montreal Superior Court individually.

Both amicable and contested divorces can require the assistance of an experienced divorce attorney. A lawyer can help you draft a divorce agreement with reasonable child custody and support arrangements. If needed, they can also represent and defend you in court.

What Are the Grounds for Divorce in Montreal?

The only ground for divorce in Canada is the breakdown of the marriage. According to Article 8(2) of the Divorce Act, you can prove a marriage breakdown by establishing one of the following:

  • You and your spouse have lived separately for one year or more
  • You have experienced physical or mental cruelty from your spouse
  • That they committed adultery

One Year Separation

The one-year separation is a no-fault ground for divorce, and parties don’t have to prove any wrongdoing. You can live together and try to reconcile for up to ninety days after the one-year separation period.

If the reconciliation is unsuccessful, you can resume your divorce action. Some couples separate but still live in the same house due to financial challenges, so it may be more difficult to prove a separation in this case.

A divorce lawyer can guide you on the factors courts consider when deciding if you are separated.

Mental or Physical Cruelty

If your spouse engages in conduct that makes it intolerable to continue living with them, whether physical or mental, you can use this as grounds for divorce. Examples of mental cruelty include shouting, alcoholism, and making improper comments about you in front of your children.

Physical cruelty involves physically abusive acts, beatings or sexual harassment. Both mental and physical cruelty may be regarded as acts of domestic violence.


Adultery is the act of having sex with another person while married. If you are a victim of adultery, you can file for divorce. However, you must present evidence of the adultery in court if your spouse doesn’t admit to the act.

This ground for divorce may be invalid if there is collusion or condonation. Collusion is when both parties agree to use the adultery ground to divorce quickly. Condonation accepting your spouse’s adultery.

What Are the Jurisdiction Requirements for Filing a Divorce in Montreal?

Following the provisions of Article 3 of the Divorce Act, you must have been living in Montreal for the last 12 months to file a divorce petition with the Court of Montreal.

If you and your spouse file individual divorce petitions with different courts in different provinces, the court where the first petition of the two was filed will have jurisdiction to hear the case. On the rare occasions where spouses file individual petitions with different courts on the same day, the Federal Court will hear the case upon one spouse’s request.

Contact Goldwater, Dubé Divorce Lawyers

Divorce is emotionally and financially consuming, but having the right lawyer by your side can increase your chances for a favourable, quick outcome. At Goldwater, Dubé, we know the ins and outs of family and civil law. We can explain the grounds for divorce and advise you on the appropriate course of action. Our legal team can review your individual and marital assets and advise you on property division and spousal support.

In cases where children are involved, our lawyers can help you through the decision-making and negotiations with your spouse concerning child custody and support.

Divorce and other family law matters can trigger other legal actions, such as criminal or civil litigation. Our full-service law firm can cover all your needs, as we offer a wide range of legal services, including:

  • Youth protection
  • Civil and commercial law
  • Criminal law
  • Estates, wills and successions

Schedule an initial consultation today for adequate legal guidance on how to file for divorce.

Frequently Asked Questions

What Is the Difference Between a Legal Separation and a Divorce?

Legal separation permits spouses to live separately while maintaining the responsibilities of marriage. It allows couples to maintain their joint property and marriage benefits while living separately. The court will issue an order detailing each party’s rights and responsibilities. Legal separation usually leads to divorce, which is legally ending a marriage.

After a divorce order is made, the marriage will be terminated. Spouses will no longer have legal rights or responsibilities towards each other except those set as terms of the divorce.

Is Annulling a Marriage the Same as a Divorce?

Applying for an annulment of marriage is a request to the court to cancel a marriage as though it never existed. The request is usually made by spouses who entered a marriage due to fraud or misrepresentation. The marriage is therefore deemed illegal or void, unlike in divorce cases where a valid marriage is terminated.

Article 380 of the Civil Code of Quebec limits the timeframe for bringing marriage annulment claims to three years from the date of marriage.


Make an appointment with a member of our team today.