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Filing for Divorce in Alberta: What You Need to Know

For a variety of reasons, a couple may decide to divorce. To progress through the procedure properly, it’s critical to take the appropriate actions from the start.

But, in Alberta, how can you get a divorce? What does the law say about divorce, and what are the grounds for it? You’ll learn everything you need to know about divorcing in Alberta.

Prior to Filing

Before filing for divorce in Alberta, you should consider your reasons for divorce. You should obtain legal assistance in such circumstances. If you have children, a divorce can lead to a slew of other issues.

3 Reasons for Divorce

The court allows three divorce grounds, according to the Divorce Acts. They are as follows:

  • Adultery
  • Separation
  • Cruelty.

How to File for Divorce in Alberta in 6 Easy Steps

The following are the six steps to getting a divorce in Alberta.

Step 1: File a divorce claim.

A “statement of claim for divorce” is required to begin the divorce process. If you filed for divorce, you are the plaintiff, and your spouse is the defendant. If your spouse initiates the procedure, the scenario will be reversed.

If you need to settle your properties, you can file a “Statement of Claim for Divorce and Division of Matrimonial Property.”

Step 2: Submit the Divorce Claim Statement.

You must sign the paperwork and appear in court after finishing your petitions. Make certain, however, that the claiming process is finished.

Step 3: Assist Your Defendant

You must serve your defendant once the divorce suit has been filed with the court. It is required to physically deliver your defendant. You should be conscious, however, that they should get the statement through someone other than yourself.

You can have the document delivered via friends or family. You can even hire a professional to deliver them for you.

Plaintiffs typically find this process to be quite difficult. As a result, they seek the court for “substantial service.” You can also obtain a court order if your defendant remains outside of Canada.

Step 4: Statement of Disputed Divorce Claim

The defendant has around 20 days after receiving the legal papers to contest the divorce claim statement. It will take one month or two months if the partner is outside of the province, or two months if the partner is outside of Canada.

A dispute is essentially a “statement of defense.” In many situations, partners ignore the disagreement, forcing plaintiffs to go on to other petitions.

Some people utilize separation as a means of obtaining a divorce. In such circumstances, you must ensure that the time limit has been appropriately crossed. Even if you have a day remaining, the judge will not hear your case.

When your defendant does not answer, you can use the following strategies:

  • Taking Note in Default
  • Applicant’s Affidavit
  • Proposal for Divorce Judgment
  • Affidavit of Service (Sworn)
  • Divorce Application

Additional documents are included in such documents. Here are a few examples:

  • Certificate of Marriage
  • Divorce-related agreements or orders
  • A photocopy of the divorce decree from the previous marriage (if available)

In other circumstances, children are also involved. These steps are lengthy because parents must complete additional paperwork. Exemption forms, child support forms, parenting certificates, and other documents should all be included.

Step 5: The Judge Signs the Divorce Order

After then, you should ask your clerk to forward the case to the judge. The court will sign the application after receiving all of the relevant proof and documents regarding the separation.

The clerk will receive the papers and forward them to both the plaintiff and defendant. Nonetheless, this procedure may take 4-6 weeks.

Step 6: Obtain your Certificate of Divorce

After a month, your decision will be final. After that, you can begin the process of obtaining a divorce certificate from the court. This is the final step in the procedure.

For both the defendant and the plaintiff, the divorce certificate is crucial. This is proof that they are no longer together. You’ll need this document even if you wish to get married again.

You may need to take further measures if the defendant is outside of Canada, there is no trace of the defendant, or there are other support costs.

Conclusion

The fundamental six processes for filing for divorce in Alberta are as follows. In order to get a divorce, you must also have sufficient divorce grounds. Make sure you have all of the required documentation and evidence. If you hire a professional, they will provide you with the necessary documentation and documents.