Divorce
How long do you have to be separated before divorce in Alberta?
Separation is when you and your spouse have lived apart for at least one year before a divorce judgment is made by the court. You can file a divorce action during the one-year period of separation, but the divorce will not be granted until you have lived separate and apart for a year.
What is ‘separation’?
If you and your spouse no longer live together, then you are considered separated. However, you can still be separated even if you live in the same house, but: reside in different bedrooms, do not communicate with each other, do not have sexual relations with each other, do not share the same social activities, do not do each other’s domestic chores such as cleaning, cooking, laundry and so on.
What are the requirements for divorce in Alberta?
In Canada, you must meet one of the following three grounds for divorce:
(i) your spouse has committed adultery;
(ii) your spouse has been mentally or physically cruel to you; or
(iii) you and your spouse have lived separate and apart for one year.
In addition, you or your spouse must have lived in Alberta for at least one year. If you do not meet this requirement, then you should consider filing in a jurisdiction where you do meet the requirements.
Considerations for Divorce
There are several considerations when filing for divorce. These considerations will vary depending on each personal situation. The main issues for the majority of couples will be the following:
1. Child custody and parenting
a. Who will have primary parenting of the child?
b. Who will have decision-making powers?
c. When will each parent be able to see their child?
2. Child support
a. Who will provide financially for the child?
b. How much will each party provide?
c. What are considered special expenses?
3. Spousal support
a. Should one party provide the other party with spousal support?
b. How much spousal support should be paid?
c. How long should spousal support be paid for?
4. Matrimonial property division
a. What properties are to be divided between the parties?
b. What properties should be exempt from division?
c. What is the valuation of each property that should be divided?
Many of the above considerations are subject to litigation, which increases not only cost and time but also stress during the divorce process. Parties should consider negotiating with their spouse to see if any or all of the above questions can be settled before going to court. If the parties can resolve these issues, then consider drafting a separation agreement to expedite your divorce. Our team of lawyers can assist you in drafting separation agreements to help you save money, avoid unpredictable outcomes so you can move past the divorce and plan ahead in life.
How do I file for divorce?
Step 1: File a Statement of Claim at the Court of Queen’s Bench of Alberta. Divorce forms are available here: https://albertacourts.ca/qb/areas-of-law/family/divorce-forms
Step 2: Serve the Statement of Claim on your spouse to notify him or her of the divorce action.
You must either personally serve the Statement of Claim to your spouse or hire a process server. If you do not know where your spouse is living, then you must make all reasonable efforts to locate your spouse.
If your spouse cannot be located for service, then the Court may allow divorce papers to be served by some other means, such as: advertisement on a newspaper, through a relative, through social media and so on depending upon your particular situation.
If your spouse is living outside of Canada, then you must request permission from the Court to serve them using alternative means.
An uncontested divorce may take between 3 to 5 months or longer. An uncontested divorce is where you and your spouse agree on all the important decisions to be made.
A contested divorce may take several years. Contested divorces involve many disagreements over the important decisions for your children, property and financial support.
Step 3: The Court issues the Order for your divorce.
You or your spouse have 30 days to appeal the decision. Even though your divorce is final, a Court can still change custody, access and child support arrangements but only if circumstances since the divorce have significantly changed.