Find Out How To File For A Divorce In Alberta
- 11 July 2018
Federal and provincial statistics reveal people are getting divorced in record numbers, but few recent figures are available. According to CBC’s review of Statistics Canada data, nearly 40 per cent of all marriages that took place in 2004 will end in divorce by 2035. Nearly four in 10 marriages on average will end in divorce. If this is you, we are here to help you move through this difficult time.
In the world of do-it-yourself projects, getting a divorce in Alberta isn’t something best handled with a how-to manual or even an online coach or a friend’s good advice.
There are countless legal hurdles to overcome when a marriage ends, custody is an issue, matrimonial property need to be divided, and extended family have their views of what needs to happen. These are just some of the issues to be dealt with. It is times like this that the expert advice of a divorce lawyer is crucial to protecting your best interests – from which school is best and how to handle your finances (spousal support and child support), to joint property division and decisions around who lives where.
Emotions quite naturally run high during a divorce, especially if issues such as infidelity or physical or mental abuse are involved. Many marriages are long enough that even friendships and in-law emotional attachments come into play and allies frequently take sides. There is no easy way out.
A good lawyer who is skilled in family law, divorce, separation and child custody, keeping the best interests of your child at the forefront through this tumultuous time is worth a lot more than a do-it-yourself-divorce kit found on a revolving metal rack. Even if neither spouse contests the need for the marriage to end, there are many rules and regulations to be adhered to. Legal requirements and unexpected events that can make even the most peaceful divorce go awry.
There are so many questions, and the Calgary lawyers at RCMV Family Law have years of combined experience to answer your questions. Our team has the expertise to help ease your concerns and guide you through the process toward the best outcome possible.
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To begin divorce proceedings, one of the divorcing parties (at least one party involved must be an Alberta resident) must file a Statement of Claim for Divorce with or without Division of Matrimonial Property. Proceeding with the correct initiating claim will then allow for the filing of division of matrimonial property, propose parenting arrangements, and child support or spousal support.
Once served, the responding spouse may choose to file a Statement of Defence if they disagree with the Statement of Claim for Divorce and they may also file a Counterclaim to introduce separate proposals about issues of dispute. If the responding spouse agrees with the divorce as proposed, and only wishes to continue to be informed as to divorce process unfolding, a party can file a demand of notice. It is very important that the demand for notice is relied upon when there are no contested issues and clients should consult with a lawyer on this issue.
When both parties have been ordered by a court or have agreed upon issues pursuant to a privately drafted separation agreement, or referred to as minutes of settlement or a divorce and property agreement, parties then typically would apply for the divorce to be finalized. Notwithstanding this typical process, many clients for various reasons need their divorce granted before finalizing custody, child support, spousal support, and division of matrimonial property, a matter to which our lawyers help with regularly.
A Divorce Judgment and Corollary Relief Order or a simple Divorce Judgement is then forwarded to the Court of Queen’s Bench of Alberta and unless the appeal period has been waved, 30 days after the Divorce Judgement has been signed, parties may file for a Certificate of Divorce. Neither spouse can remarry until the Certificate of Divorce is granted.
The federal government itself has added new measures to update family and custody laws – proposing ‘child-focused’ – language to replace terms such as custody and access that are known to be combative in the eyes of parents. The proposed laws – part of B-78 – include court-ordered issues deemed in the child’s best physical, emotional and psychological interest and safety.
RCMV Family Lawyers know how difficult divorce and separation can be. They also understand the intricacies of the Divorce Act and the law. Let us help make your divorce as painless and efficient as possible.
Contact us today to get help from one of our experienced family law lawyers.