How to get Divorce in Calgary & Grounds in Getting Divorce
September 14, 2022
Family
Hi everyone, my name is Louise Tampoc. I am a lawyer here at Laws and Beyond.
I will be giving information on how to get a Divorce in Calgary and the Grounds in Getting Divorced?
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Here in Calgary and the whole of Alberta, there is a residency requirement for either you or your spouse of at least 1 year before divorce proceedings can be commenced here.
There are 3 grounds in getting divorced, first, if you have lived separate and apart from your spouse for 1 year, second, if your spouse has committed adultery. This means that your spouse had sexual intercourse with someone else, or third, your spouse was physically or mentally cruel to you making it impossible to continue the marriage. You do not need to hire a lawyer to represent you, but it is strongly advised that you hire a family lawyer because there are many important decisions that must be made concerning your children, your property and financial support. If you and your spouse agree on these important decisions, you would still need a lawyer to prepare certain documents and you will require an independent legal advice from a lawyer for the agreement to be binding.
Now, Steps to get divorced?
- Step 1: The Statement of Claim for Divorce. This is the first form to fill out when filing for divorce. Depending on whether or not you have children or whether family property is involved, you will have to use different forms. The spouse who is filing for divorce is referred to as the “Plaintiff, while the other spouse is referred to as the “Defendant”.
- Step 2: The Defendant must be served with the Statement of Claim when it is filed.
- Step 3: The Defendant, who is also a resident of Alberta, has 20 days after receiving the Statement of Claim to file his or her defense. If the Defendant is outside Alberta but in Canada, the Defendant has 1 month to respond. If the Defendant is served outside Canada, the Defendant has 2 months to respond.
- Step 4: If the parties can agree to the divorce terms, or if the Defendant has been noted in default, meaning the Defendant does not respond to the Statement of Claim within the allotted time, then the Plaintiff can proceed with filing other necessary divorce documents with the court depending on your situation.
- Step 5: The Justice will sign the Divorce Judgment if he or she is satisfied with the documents and facts offered.
- Step 6: You must wait 30 days after the Divorce Judgment is obtained for the divorce to take full effect. After 31 days, you can ask the court for a Certificate of Divorce, which is the final document in the divorce action.
If you’re going through a divorce, then speak with a divorce lawyer at our firm, Laws & Beyond to learn more about your options.
