There are 2.68 million divorced people in Canada. Again, in 2020, experts expect a 38% rise in the divorce rate. Hence the laws and regulations of divorce in Canada are a premium concern right now. So as for Alberta, one of the provinces in Canada.
And the law and requirements of filing for divorce in Alberta are more or less the same as Canada’s. If you are going through a separation and want to hire a lawyer in Alberta, you are in the right place.
This article will walk you through in-depth information about the divorce filing process in Alberta, Canada.
Keep going….
What is Divorce?
The process of ending or terminating a marriage or marital agreement is known as divorce. For doing that, there are legal procedures and different terms in Canada as well as in Alberta.
Divorce Act In Canada
In 1986, the Divorce Act of Canada had passed. Under this federal act, all types of divorce activities are processed and terminated following this law. The law is the same for Alberta as in other parts of the country.
How To Start Filing for Divorce in Alberta?
The breakdown of marriage typically starts with the early decision on the failure of marriage to continue. The entire process is divided into two steps that include:
Decide for Separation
Initially, both the couple needs to decide whether they will continue the marriage or not. If there is barely any chance remains to continue the marriage, the couple can go for divorce processing and marriage to dissolve.
Collecting Application
Then a couple can apply for divorce application. They need to explain everything related to the termination of the marriage, including:-
- Proper demonstration of valid reasons
- Completing the procedure of Fault and no-fault divorce
- Clarifying the grounds of the breakdown of the marriage
- Demonstrating the reason for a contested divorce
We will further explain each of these sections in detail below.
What are the Grounds for Divorce?
There are two types of divorce from which the termination starts, i.e., Fault and no-fault divorce.
The following reasons determine faulty divorce. And these are the reasons for which the province of Alberta will accept your divorce processing.
One Year Separate Living
The first step to consider your divorce process is to live separately for at least one year.
Committing Adultery
Adultery committed by any spouse during the marriage can be a severe reason for filing for divorce.
Cruel Behavior
Any spouse can go for divorce if you committee any form of cruelty, whether mental or physical, against him or her. It can be a valid reason for initiating the termination of marriage in Alberta.
What are Grounds of Separation in Alberta?
The separation agreement is an agreement signed between the potential divorcing party’s decision in application to resolve the divorcing and legal procedure by own choice or court order.
The separation agreement is the final decision of the couple and their willingness in the written form. The couples take the set of decisions during a divorce or before the final termination of the marriage. So how to settle a separation?
The ways can be:
- Hiring a lawyer for the proper settlement and putting the most of the agreements on the application
- Agreeing by unison can happen, and both the concerning parties can decide the agreements on their own
- ADR service can be a great help to accomplish the separation agreements
How To File for Divorce in Alberta and Everything
It takes time to complete the process of divorce. Sometimes it takes 60 days or more to go to complete legal proceedings.
The following process requires to file a divorce:
- Obtaining a divorce clearance certificate
- Or any reason completing the divorce
- Together the couple can go to the court and collect the papers and documents by themselves
- or they can take the assistance of the professionals (A divorce lawyer in Alberta) to finish the job correctly.
What are The Other Settlements in Alberta?
Before the final proceedings, the couples need to explain the separation agreements’ property distribution, such as child support and spousal support.
Child Support
According to the act, the court will ensure a proper settlement for their child’s financial support after terminating the marriage.
Spousal Support
The judges will settle who will be paying and bearing the expense considering the income of the spouse.
On the other hand, the court will further ask for a particular spouse to be a payee by considering the financial stability of the divorcing couple.
Cost of Filing for Divorce in Alberta
The cost of a court filing in Alberta may vary according to your case and complexity. Some lawyers may charge you more, while others may work on a contingency basis.
The Approximate Time
After completing and gathering all the documents, you need to send those to your spouse. Your spouse will have 30 days to signature in the papers. Otherwise, the court will have the right to send the divorce order directly.
Conclusion
In Alberta, the court maintains all the procedures and ensures proper settlements during the termination of a marriage. However, for filing the divorce, the spouse has to come up with a valid reason or reasons for marriage breakdown according to the divorce act of Canada and Alberta. Finally, the court will possess the full authority to decide the termination of matrimony.
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