Filing for Divorce in Alberta: Family Lawyer in Winnipeg

Filing for divorce in Alberta is a legal process by which the couple comes to terms and terminates their marriage. Divorce happens when a couple is no longer willing to stay together and legally wants to separate themselves.

So how to file for a divorce? Is it necessary to hire a lawyer for this? Let’s find the answers in the latter part of the discussion.

What Do I Need to Do Before Filing for Divorce in Alberta?

Divorce in Alberta and the aftermath of a breakdown of marriage is not a matter of celebration. There are always some reasons for which couples reach this heartbreaking situation. Whatever the fact is, there are some crucial issues you need to follow before you finally apply or file for divorce carefully.

Collect Your Documents

The first thing you need to do is collect the necessary papers and documents related to your marriage. You should be extra careful in gathering the relevant paper required by the court. Thus while the process will start, you don’t have to delay the process for any missing document.

Ensure Child or Spousal Support

Settle the issue like child custody and spousal support before you start the entire process of marriage termination. Discuss with your partner who will take the liability and responsibility of spousal support or child.

Consider Present Financial Situation

If you are the first stepping forward for filing for divorce, consider your financial situation and stability.

It is better to assess your financial situation appropriately to avoid troubles during property distribution and alimony. If you are in a better position than your partner, explain it in the documents adequately.

Take Professional Help

The best way is to look for professional help before initiating the divorce process. Lawyers dealing with divorce issues can give guidance and advice, decreasing the chance of failure to make the right decision.

Show Mutual Respect

Keep the mutual respect even in this final hour of departure. You may be going to terminate one of the most beautiful relationships in the world. Have respect and show gratitude to your ex counterpart.

How Long Does a Divorce Take in Alberta?

The divorce process may take some time to reach the end of the story. As it is a legal process, there might be some delay in completing the task and assessing relevant matters.

The processing time depends on different issues. The usual time varies from four to eight months in Alberta, considering marriage agreements and financial issue settlement.

The divorce procession time may look as follows:

• 4 to 6 months; defendant served personally in Alberta
• 5 to 7 months; defendant served personally elsewhere in Canada
• 6 to 8 months; defendant served substitutional or outside Canada

How Do I Get a Separation Agreement in Alberta?

An accurately crafted separation agreement can work as a legal document. It is an agreement that happens before the couples appear in court for divorce processing. The separation agreement may include:

• Marriage termination letter
• Mutual affairs, distribution, and property settlement
• Parenting agreement
• Spousal support
• Foundation of the legal termination process

Getting a Separation Agreement

The separation agreement is a set of decisions taken by the divorcing couples on the occasion of a divorce or final termination of the marriage.

The process of getting the separation agreement includes the below steps:

• Hire a lawyer for a proper settlement
• Put most of the deals on the application
• Agree by unison, and decide the agreements
• Accomplish the separation agreements with ADR service

What is Wife Entitlement to a Divorce Settlement?

The matter of entitlement comes into discussion during the financial divorce settlement. A financial settlement is an agreement to distribute and settle the economic issues between the couples.

It can happen during the divorce proceedings, or one can keep the discussion for a post-divorce event. There are no particular entitlements given for any of the couples.

Instead, the legal authority decides. The financial situation of each remains the critical factor for determining who will be entitled to what.

Filing for Divorce in Alberta Without a Lawyer

It is not apparent that you need a lawyer to file for divorce in Alberta. And, most of the time, people don’t go to a lawyer for divorce filing. Nowadays, online divorce filing is a more cost-effective process and straightforward approach to follow.

Final Thought

Filing for divorce in Albert and the breakdown of the marriage is an uncongenial event. However, a couple takes this kind of decision to start their life in a new way.

The law and process are evident in Alberta for filing for divorce and getting permission for marriage termination. Remember, a lawyer can ease the process eliminating complexities. However, the court is the final decision maker under any circumstances.

 

FAQs:

How much does it cost to file for divorce in Alberta?

Depending on your unique situation, filing for divorce in Alberta may cost you different amounts. In Alberta, there are generally a number of costs involved with filing for divorce, including:

• Divorce applications must be filed with the court for a fee of $409.
• The cost of serving your spouse with the divorce application is $100.
• There is a $1 per page copying fee if you need more copies of the divorce application or other court documents.

How long does divorce take in Alberta?

Depending on the particulars of your case, getting a divorce in Alberta can take a variety of times. The divorce procedure might generally take many months to complete in Alberta.

How long do you have to be separated before divorce in Alberta?

The breakdown of the marriage and at least a year of separate and apart living are required conditions for divorce in Alberta. The phrase “living separate and apart” refers to the fact that the couples are no longer living as husband and wife, either in the same home or in different homes.