How to get a Divorce in Calgary?
September 3, 2021
Family
If you are a resident of Alberta and have decided to file for divorce, you have the option of hiring a lawyer or handling your divorce on your own.
If you’re representing yourself, you’ll need to learn how to fill out the correct forms and know what procedures to take. However, it is strongly advised that you hire a family lawyer. (See our article on: Why hire a Family lawyer)
What is the difference between separation, legal separation and divorce?
- 1. Separated: You and your spouse must be living separate and apart in order to be deemed separated.
- 2. Legal separation: It is not a legal term. However, it is most commonly used to refer to the contract that is formed between two spouses at the time of their separation.
- 3. Divorce: When the court issues a divorce judgement, you and your spouse are divorced.
How what must be proven to get divorced in Canada?
In Canada, the parties must have lived separately and apart for a full year before filing for divorce. Only if one of the parties applies for divorce on the grounds of adultery or cruelty is there an exemption for this provision.
How long does it take to get a divorce in Alberta?
If the parties file the divorce jointly, then it takes 4 weeks to 12 weeks to get divorced.
However, if one of the parties does not consent to divorce, then it could take one year, or more, to get divorced.
What are the steps required to get divorced?
Step 1: The “Statement of Claim for Divorce” is the first form to fill out when filing for divorce. ” The spouse who is filing for divorce is referred to as the “Plaintiff, while the other spouse is referred to as the “Defendant”. Depending on whether or not you have children, you will utilize different forms. Also, if there is matrimonial property involved, then you must file a “Statement of Claim for Divorce and Division of Matrimonial Property”.
Step 2: The Defendant must be served with the Statement of Claim when it is filed. It is strongly advised that the Claim be served by a process server.
Note: If the Defendant lives outside Canada, then you will need to obtain an Order for Service Ex Juris. Also, if your ex-spouse intentionally avoids service, your lawyer can seek an Order for Substitutional Service, allowing the claim to be served by alternative ways such as mail/email, social media accounts, and so on.
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 does not respond within the allotted time, the Plaintiff has the option of noting the Defendant in Default.
Step 4: If the parties can agree to the divorce terms, or if the Defendant has been noted in default, then the Plaintiff can proceed with filing the following divorce documents with the court:
1) An Affidavit of Service to prove effective service on the Defendant;
2) Noting in Default or Consent of the Defendant;
3) A Request for Divorce;
4) Affidavit of the Applicant; and
5) A proposed Divorce Judgment.
The affidavit of the Applicant must include the following:
2) Noting in Default or Consent of the Defendant;
3) A Request for Divorce;
4) Affidavit of the Applicant; and
5) A proposed Divorce Judgment.
The affidavit of the Applicant must include the following:
- 1. The original Marriage Certificate; and
- 2. A summary of any orders granted by the court or any agreements entered between the parties.
If the parties have children, then the following must be included:
1) the proof of the Applicant completing a Parenting After Separation Certificate;
2) the child support calculation; and
3) A parenting schedule: a document which provides for the parting time arrangement between the parties.
Note: If your spouse refuses to consent to the divorce or you have several convoluted issues, then your lawyer can proceed to file an application with the court seeking severance of corollary remedy, which allows you to proceed with the divorce, while resolving all unresolved issues later.
Step 5: The Justice will sign the Divorce Judgment if he or she is satisfied with the documents and facts offered. This procedure typically takes 4 to 12 weeks.
Step 6: You must wait 30 days after the Divorce Judgment is obtained for the Divorce Judgment 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 Laws & Beyond to learn more about your options. This is not the time to try your hand at DIY divorce forms.
— Written by Megha Sharma
