How to File for Divorce in Saskatchewan: Step-by-Step Process
How to File for Divorce in Saskatchewan: Step-by-Step Process
You have decided the marriage is over. Now you need to actually file. Saskatchewan divorces go through the Court of King's Bench, and the process has specific forms, fees, and mandatory steps that trip up self-represented filers every day. Here is exactly what to do, from the first form to the final certificate.
Before You File: Three Prerequisites
Residency: At least one spouse must have been ordinarily resident in Saskatchewan for a minimum of one year before filing.
Separation period: The standard ground for divorce is a 12-month separation. You can file the petition before the year is up, but the court will not grant the divorce until the full 12 months have passed.
Parenting After Separation (PAS): If children are involved and parenting or child support is contested, both parents must complete Saskatchewan's free, mandatory PAS program and file the certificate of attendance before taking any contested court steps.
Step 1: Draft and File the Petition ($300)
Complete the Petition for Divorce (Form 15-16). You have two options:
- Sole Petition: One spouse files and must formally serve the other
- Joint Petition: Both spouses sign and file together — this skips the service step entirely and saves time and money
File the petition at your local Court of King's Bench registry. The filing fee is $300. Keep your filed-stamped copy.
Step 2: Serve the Petition (Sole Petition Only)
If you filed a sole petition, the respondent must be personally served by a process server or the King's Bench Sheriff — you cannot serve it yourself. The process server completes an Affidavit of Personal Service (Form 15-12A), which you then file with the court registry.
Private process servers in Saskatchewan typically charge $75–$150 in urban areas, with distance-based mileage surcharges for rural service.
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Step 3: Financial Disclosure (If Property or Support Is Contested)
If you are dividing property or claiming spousal support, both parties must exchange sworn financial statements within 30 days:
- Form 15-47 (Financial Statement): Income, expenses, monthly budget, and net worth
- Form 15-49 (Property Statement): All real and personal property, debts, and claimed exemptions
These must be sworn before a commissioner for oaths. Incomplete or improperly sworn forms are rejected at the registry counter.
Step 4: Mandatory Family Dispute Resolution
Since July 1, 2022, Saskatchewan requires couples in contested family proceedings to attempt at least one session of approved alternative dispute resolution — mediation, collaborative law, or arbitration — before they can access a court hearing. Private mediators charge $150–$400 per hour, though the provincial Dispute Resolution Office offers subsidized rates on a sliding scale.
After the session, the mediator issues a Certificate of Participation that must accompany any subsequent court applications.
Step 5: Judicial Case Conference (Saskatoon and Regina)
In Saskatoon and Regina, contested matters require a Judicial Case Conference (JCC) before a chambers hearing can be scheduled. File a Request for JCC (Form FAM-PD #7-2) served on the opposing party at least 3 days before filing. Each party submits a JCC Appearance Memo at least 2 days before the conference.
A King's Bench judge presides over the informal conference to review disclosure, explore settlement, and set timelines.
Step 6: Apply for Judgment ($95)
Once the 12-month separation period is complete and all issues are resolved (by agreement or court order), submit:
- Application for Judgment
- Affidavit of Petitioner (Form 15-78)
- Judgment fee of $95
For uncontested divorces, this is a desk review — no court appearance required.
Step 7: Wait for the Appeal Period (31 Days)
The divorce becomes legally final exactly 31 days after the judge signs the Divorce Judgment. This statutory waiting period cannot be waived.
Step 8: Get the Certificate of Divorce ($10)
After the 31-day period expires, request the Certificate of Divorce from the Local Registrar and pay the $10 fee. This document proves your divorce is final and allows both parties to legally remarry.
Total Timeline
An uncontested Saskatchewan divorce with no property or support disputes typically takes 4–6 months from filing to certificate. Contested divorces involving property division, pension splits, or child custody commonly take 12–24 months.
Total Court Fees
| Fee | Amount |
|---|---|
| Filing the Petition | $300 |
| Judgment Fee | $95 |
| Certificate of Divorce | $10 |
| Total | $405 |
These are the minimum court costs. Process server fees, mediator costs, and any legal representation are additional.
DIY vs. Hiring a Lawyer
Saskatchewan family law attorneys charge a median hourly rate of $350, with typical retainers between $2,000 and $5,000. An uncontested divorce through a lawyer runs $1,200–$1,750 in flat fees plus disbursements. Contested cases can exceed $50,000.
Self-representation is viable for uncontested divorces where both spouses agree on property division and support. The Saskatchewan Divorce Financial Split & Asset Division Guide provides step-by-step worksheets to organize your financial disclosure and calculate your property division before you reach the forms — so you can handle the process yourself or dramatically reduce billable hours if you do hire a lawyer.
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Download the Saskatchewan — Marital Asset & Debt Inventory Checklist — a printable guide with checklists, scripts, and action plans you can start using today.