Where to File for Divorce in Saskatchewan: Court of King's Bench

Before you file for divorce, you need to know two things: whether a Saskatchewan court can hear your case at all, and which Court of King's Bench judicial centre to use. The first question is about residence. The second is mostly about whether a court file already exists.

This article explains both, plus what happens if your spouse files somewhere else.

This article covers the law of Saskatchewan.

The one-year residence rule

Under the Divorce Act, a court in a province can hear a divorce if either spouse has been habitually resident in that province for at least one year immediately before the proceeding starts.

Only one spouse has to meet this test, and the Act says habitually resident rather than ordinarily resident. If you have lived in Saskatchewan for the past year, you can usually apply here even if your spouse lives elsewhere, though the details of your situation are worth checking.

Which judicial centre do you file in?

For a new action, court guidance says an applicant may generally file at any judicial centre. Where an action already exists, an application must be filed at the judicial centre where the action was commenced.

Family Law Division judges sit in Regina, Saskatoon and Prince Albert. Depending on what you are asking for, it can matter which centre your file sits in, so ask the court staff or a lawyer if you are unsure.

Support and parenting orders

The one-year rule applies to the divorce itself. For corollary relief such as support and parenting, a court of the province where either former spouse is habitually resident when the proceeding starts can hear the matter. It can also be heard where both former spouses accept that court's jurisdiction.

What you must show to get a divorce

Having the right court is only the first step. The only ground for divorce is breakdown of the marriage. It is established if the spouses have lived separate and apart for at least one year immediately before the divorce is determined and were living apart when the proceeding began, or if the other spouse has committed adultery or treated the applicant with physical or mental cruelty that makes continued cohabitation intolerable.

Adultery or cruelty by the other spouse allows a divorce without waiting for the one-year separation, but you cannot rely on your own adultery or cruelty. How these grounds apply to your situation depends on the facts, so it is worth confirming with a lawyer.

• The one-year separation must be complete when the divorce is determined, not when you file, so a petition can be filed before the full year has run if the year will be complete before judgment.
• Spouses can be separate and apart while living under the same roof, if one of them has the intention to live separately.
• A period of resumed cohabitation of up to 90 days, made mainly to try to reconcile, does not interrupt or end the separation period.

If your spouse files first

If two divorce proceedings are started on different days in different courts, the court where the first was started has exclusive jurisdiction. The later proceeding is deemed discontinued unless the first is discontinued.

This is why timing can matter when a separation is tense. If you think your spouse may file elsewhere, speak with a lawyer promptly.

What to do next

Once you know the court has jurisdiction, the next step is preparing your court documents. Part 15 of the King's Bench Rules governs family proceedings, and the Petition form is Form 15-8A. The Petition form states it is to be served within 6 months after it is issued unless ordered otherwise.

Since July 1, 2022, family law matters coming to court anywhere in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings before continuing with further court proceedings. A person can apply to the court for an exemption where there has been interpersonal violence, the other parent has abducted a child, or there is other urgency.

Parents who have not fully agreed on parenting must complete a parenting course, and Saskatchewan's Parenting After Separation Program offers online courses in English and French. A divorce takes effect on the 31st day after the day the judgment granting it is rendered, although a court can order an earlier effective date in special circumstances if the spouses agree not to appeal.

• Confirm that you or your spouse has lived in Saskatchewan for at least a year.
• Check whether any divorce or family action has already been started by either of you.
• Decide which judicial centre you will use, keeping in mind where any existing action began.
• Request the Self-Help Divorce Kit from the Family Law Information Centre at 306-787-5837 or 1-888-218-2822 if your divorce is uncontested.
• Speak with a lawyer if your spouse lives outside Saskatchewan or has already filed.

Frequently asked questions