How to Get a Divorce in Alberta

The Basics of Divorce in Alberta

When it comes to divorce, Alberta follows the same federal laws as the rest of Canada under the Divorce Act. The Divorce Act allows for the dissolution of a marriage, provided certain criteria are met. Unlike some other countries, Alberta doesn't require a lengthy separation period, but there are important steps to be aware of.

To begin, either spouse must have been living in Alberta for at least one year before filing for divorce. The basic grounds for divorce are:

• Separation for at least one year
• Adultery (cheating on your spouse)
• Cruelty (mental or physical abuse)

Grounds for Divorce in Alberta

The most common ground for divorce in Alberta is the one-year separation. Couples don't need to wait for a full year before initiating the process, but the final divorce judgment won't be granted until that year has passed.

For couples who file on the grounds of adultery or cruelty, the process can be expedited, but these grounds require evidence and can lead to a more contentious divorce. Most couples in Alberta prefer the one-year separation ground for its simplicity.

Step-by-Step Guide to Divorce in Alberta

Step 1: Decide on the Type of Divorce

In Alberta, there are two types of divorce you can pursue:

1. Contested Divorce: This is when the spouses cannot agree on key issues such as property division, child custody, or spousal support. A judge must make the final decision in court.
2. Uncontested Divorce: When both parties agree on all terms, the process is much simpler and can be handled through paperwork alone.

Step 2: File the Divorce Application

The divorce process officially begins when one spouse (the Applicant) files a Statement of Claim for Divorce. This legal document outlines your request for a divorce and any additional claims such as child custody or spousal support. The application must be filed at the Court of King’s Bench in Alberta.

Step 3: Serve the Divorce Papers

Once the Statement of Claim is filed, the Respondent (the other spouse) must be served with the divorce papers. This can be done in person or through a third party. The Respondent has a set amount of time (usually 30 days) to respond.

Step 4: The Waiting Period

If the divorce is uncontested, after the Respondent is served, there is a mandatory 30-day waiting period. This allows time for the Respondent to answer, agree, or dispute the claims in the divorce application.

Step 5: Resolve Key Issues (If Applicable)

During the process, spouses must settle key issues like:

• Division of property: Alberta uses the Matrimonial Property Act, which mandates an equitable (usually equal) division of marital assets.
• Child custody: The court determines the best arrangement for the children, prioritizing their well-being. This includes considerations like living arrangements, education, and healthcare.
• Spousal support: Spousal support may be granted based on factors such as income, length of the marriage, and roles within the marriage.

For contested divorces, these issues can be decided by the court through legal hearings or mediation.

Step 6: Obtain the Divorce Judgment

Once all key issues are resolved, the court will issue a Divorce Judgment. For uncontested divorces, this can be done quickly, and the final divorce judgment is issued once the one-year separation period is over.

Step 7: Certificate of Divorce

The final step is obtaining a Certificate of Divorce. This is an official document proving that your divorce is finalized. You'll need this document if you plan to remarry or change your legal status.

Costs of Divorce in Alberta

The cost of divorce can vary widely depending on whether it is contested or uncontested. Generally, the filing fee for divorce in Alberta is around $260. However, legal fees can increase the overall cost if lawyers are involved. For uncontested divorces, costs are usually minimal, and many couples can handle the process themselves.

Legal Representation

While it is possible to represent yourself in a divorce (referred to as a “DIY divorce”), many people in Alberta choose to hire a lawyer, especially if the divorce is contested. A lawyer can help navigate the legal system, negotiate settlements, and represent you in court if necessary. For those with financial limitations, Legal Aid Alberta can provide legal assistance to those who qualify.

Alternative Dispute Resolution

Alberta encourages couples to use Alternative Dispute Resolution (ADR) methods such as mediation or collaborative law to settle disputes outside of court. ADR can help reduce the cost and emotional toll of divorce. In mediation, a neutral third-party mediator helps the spouses reach an agreement on key issues. Collaborative law involves both parties and their lawyers working together to reach an amicable resolution.

Post-Divorce Considerations

After your divorce is finalized, there are some important post-divorce issues to consider:

• Updating legal documents: Once your divorce is finalized, it's important to update your will, power of attorney, and other legal documents to reflect your new marital status.
• Changing your name: If you wish to change your name after the divorce, you'll need to apply for a name change and update important documents like your driver’s license, bank accounts, and passport.
• Child custody adjustments: If circumstances change, you may need to revisit child custody or support agreements in the future.

Common Challenges During Divorce in Alberta

Despite the clear steps, there are often challenges during the divorce process:

• Emotional stress: Divorce is emotionally taxing. The legal process can exacerbate tensions between spouses, especially when children are involved.
• Property division disputes: Alberta law mandates an equitable division of property, but disputes can arise over high-value assets, businesses, or family-owned property.
• Child custody battles: While both parents often want what's best for their children, disagreements over custody arrangements can be emotionally and legally difficult to resolve.

Tips for a Smooth Divorce Process

• Communicate: Open and honest communication can prevent misunderstandings and reduce tensions during the divorce process.
• Seek legal advice: Even if your divorce is uncontested, it’s wise to seek legal counsel to ensure your rights are protected.
• Prioritize your children: Keep your children’s well-being at the forefront of all decisions. Avoid using them as bargaining chips in disputes.
• Be patient: Divorce takes time. Rushing the process can lead to mistakes or overlooking important details.

Conclusion

Divorce in Alberta doesn’t have to be overly complicated, but understanding the process is essential. Whether you pursue an uncontested divorce or find yourself in a contentious legal battle, the key is to remain informed, seek professional advice, and approach the situation with patience. By knowing your rights and following the proper steps, you can navigate this challenging life event with greater ease.