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Divorce Process And Procedure In Alberta

Divorce Process and procedures first appear confusing, overwhelming and frustrating to many people first contemplating divorce in Alberta. The divorce lawyers at Kahane Law Office in Calgary, Alberta help clients make sense and navigate required steps to take. They also help clients avoid the legal pitfalls but knowing what their rights and obligations are. This allows our clients to make informed, educated decisions which often impact their family, children, finances and, ultimately, the rest of their life. Please keep reading to get a better understanding of divorce process and procedures in Alberta.

Legislation Guiding Divorce Process And Procedures

Divorce process and procedures look very similar across Canada. However, provincial differences also exist. Since divorce is governed by Federal legislation, provincially regulated courts and lawyers apply federal law in their own specific province. This legislation is the Divorce Act. The Divorce act sets out rights and obligations for couples whom decide to divorce. However, Alberta’s Family Law Act also applies.

If uncontested, then process tends to look the same for almost all married couples looking to divorce. If contested, many more divorce procedures may come into play. In these instances, parties to a divorce should seek legal advice to protect themselves and their family.

What You Need To File For Divorce

In order to file for divorce, you need a ground for divorce. Technically, this is the first divorce process and procedure as without a ground for divorce, you cannot move forward. Three grounds for divorce exist. Put simply, the grounds for divorce in Alberta include:

The couple living separate and apart for one year

This is the most common ground for divorce. in most situations, this time starts when one party moves out of the matrimonial home. In some instance, especially when finances are an issue, the couple resides in the same home, but live separately. The no longer live as a couple. Why one year? The law wants people to give significant thought and consideration as to ending their legal marriage.

One (or Both) Parties Commit Adultery

The law recognizes that this breach of trust is an immediate ground for divorce. However, a party cannot rely on their own adultery to end a marriage sooner.

Mental Or Physical Cruelty

This ground for divorce involves situations where abuse exists in the relationship. The law recognizes physical abuse and mental abuse as a ground for ending a marriage sooner. If the situation exists where continued relations pose a threat to an individuals well being, this ground applies.

The Steps To File For Divorce

As with all things legal, specific divorce process and procedures exist. Failing to following these steps results in a dead end in terms of the actual divorce. For example, each of the below steps requires following. Remember, with the finalizing of a divorce, very significant rights and obligations crystalize. This means that undoing things becomes much more expensive and challenging.

Draft Your Claim

This is the originating document that starts the divorce process. The inclusions and words use are a key element to the claim. If you attempt to draft your own claim, know that the option to hire a lawyer to review it (with no further costs to the lawyer) exists. This allows you the confidence to move forward with a properly drafted claim.

File Your Claim

Once you, or your lawyer, draft your claim, it requires filing at an Alberta courthouse. In Calgary, you file it at the Calgary Court Center. Here are directions to the Calgary Court Center. The court clerks review the claim, and stamp it, if it follows the divorce process and procedures legally required. They do not give legal advice or direction in any way.

Serve The Claim

Once the claim is filed, service of the filed claim is the next step. The process for service depends on a few factors. For example, if your spouse lives in Alberta and you know where they are, the process is easy. If they live out of process this divorce procedure differs a little. However, if you do not know where they are, you may require a substitutional service order. In this court application, the court orders how notice of the divorce goes to yous spouse.

The Hard Part Of The Divorce Process: Waiting

This next divorce process is a waiting game. Ideally, during this waiting period nothing happens. If no response to service of the divorce claim occurs, then you move to the next step. Essentially, there is no dispute to the terms of the divorce in the claim, and you move to being divorced. The wait times for a response are as follows:

  • 20 days if in Alberta and you properly serve your spouse;
  • A month if your spouse is out of Alberta but still lives in Canada;
  • Two months if your spouse lives outside of Canada; and lastly
  • An amount of time that ordered by the court you serve them under a substitutional service order.

If Undisputed: File Request For Divorce

If no response comes to you after the waiting time, you then file for a request for divorce.

Request Certificate Of Divorce

Lastly, you wait 31 days from the divorce judgement. The 31 days represents the appeal period where your spouse has the right to appeal the divorce or any of the terms in the divorce.

How Long Does The Divorce Process Take

Under ideal circumstances, the divorce process takes 3-6 months. Remember, this is after you lived separate and apart for a year. However, the divorce process can take a year in some situations. The time frame is often much longer if you and your spouse have significant disputes to resolve in the courts. These fights can take years to be resolved.

Legal Disputes To Most Likely Arise During The Divorce Process

If you find any disputes between you and your spouse regarding the below, seek legal advise and direction. At a minimum, hire lawyer to review your legal rights and obligations in your specific situation. Do not rely on the internet, a free service, or “my friend told me” for legal advice as your next steps (or lack of steps) have long lasting impacts on you and your family. Due to the significant and long lasting implications, having proper legal advice and direction for any of the below is very important!

Child Custody And Access (Now Called Parenting Arrangements)

This sets out who has day to day care and control of your kids, who sees them when, holiday access, schooling and more. In a healthy separation and divorce, the couple puts the well being of their children first. Unfortunately, this is not always the case, we help you understand the law, and what to expect.

Child Support

Since federal law dictates most of child support requirements, people fight over it less. If fights occur, they center around extracurricular activities, or other unusual financial costs.

Property And debt division: A Challenging Divorce Process

People often find this aspect of the divorce process as the hardest. Ultimately, when you split a “pile” of assets, neither person gets the whole pile that they enjoyed before. When you add in debts to the equation, people fight more.

The Divorce Process For Spousal Support

This category of disputes is often easy for very short marriages and very long marriages. Greater disputes come out of medium length marriages. Five to ten year marriages, often see the bulk of these fights. Many factors come into play to determine legal rights to or obligations for spousal support. Contacting a lawyer is a wise choice to know your own specific legal position.

Divorce Process And Procedures If Served By A Claim

Read it over immediately. Get legal support to guide through divorce process and procedures. If 100% in agreement then can go uncontested. If not, seek legal advice immediately!

Your Best Investment When Facing Divorce

If contemplating divorcing your spouse or if served with divorce papers, a single family law consultation is your best investment. Since family law includes very situational relevant factors, this consultation looks at your exact situation. Your only cost for this consultation is the time needed to sit with you to address your fears, concerns and provide you with the knowledge you need to make informed choices. This protects you, your family and your financial situation now and for years to come. After the meeting, you may hire the lawyer, but are not obligated to any ongoing or future costs.

Calgary Lawyers To Help Make The Divorce Process and Procedures Easier For You!

Get the help you need with the divorce process or procedures. Our divorce lawyers help with the whole process or assist you with only the steps you want help with. We offer flexibility and understanding to help you through this significant life event. Email us today to learn how we help, the costs associated with help, and determine your rights and obligations when facing a divorce. Please feel free to contact our experienced team at Kahane Law Office in Calgary. Emailing us is often faster as it allows you to provide basic information about your situations. However, connect in the manner you are most comfortable: 403-225-8810 or toll-free at 1-877-225-8817, or email us directly here.