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Joint Divorce in Alberta Eligibility Criteria & How to Do It Featured Image

Joint Divorce in Alberta: Eligibility Criteria & How to Do It?

Divorce is only good when there is no peaceful way to cope with the relationship. However, there are specific ways to end a legal relationship between you and your partner. You can either go for joint divorce or a simple divorce.

Let’s know what is a joint divorce in Alberta, the process, and the eligibility criteria. The rules are also quite similar to other provinces of Canada.

What is Joint Divorce?

Simply put, a joint divorce is a legal separation that takes no filing in court, and both parties end the process through mutual understanding. It is an uncontested divorce type where two parties mutually agree on the separation agreement.

So, everything ends well between a couple—no court procedure, no hearing at all!

Many couples have no idea about joint divorce. They hardly consider this option while going to be separated. For people reading about this for the first time—it is the most amicable way of divorce.

Motives for Joint Divorce

  • Avoid court sessions and also the intervention by the court
  • Minimize or eliminate the possibility of conflicts with other parties considering the child’s safety of priority
  • For self-care
  • Cost-effective, quick, and efficient resolution
  • A mutual agreement that describes rights and obligations that would be useful for the long-term

Who Qualifies for Joint Divorce in Alberta?

After reading the definition of joint divorce, it may seem that any couple can go for a joint divorce. However, there are some eligibility criteria for joint divorce.

Two of the main eligibility criteria are as follows:

Residents of Alberta for at least 1-year

The couple must be residents in Alberta for at least a year. And, of course, the calculation starts one year before they go for the joint statement for divorce.

Live separately for at least 1-year

The second condition is a one-year-long separation. It describes that there can be no ground for a joint divorce unless the husband and wife have been in a one-year separation.

How to File a Joint Divorce in Alberta?

Though the process begins and happens mutually, the presence of a lawyer ensures the smother settlement.

For this, they have specific requirements. So you should provide or manage the necessaries mentioned below:

  • Original marriage certificate issued by the government. If the marriage occurred in another country, the court might exempt you from submitting it. Still, the details of the marriage and witness record are crucial.
  • If parental matters are associated, you have to prepare the following documents—
  1. The parenting plan agreement
  2. Income summary and child support agreement along with the paying process of expenses for the children
  • The breakdown of the spousal support
  • Property division details and financial records like bank accounts, pensions, etc

Why is Joint Divorce the Right Choice?

Joint divorce sustains a good relationship between the ex-spouses, even after the divorce occurs. Eventually, it helps secure children’s confidence and reliance on each parent.

Nothing can be better than a joint divorce after the divorce is prominent. Still, it would be a wise decision to call your family lawyer and have a talk over this.

Ensure that issues like child support, property distribution or spousal support, etc., don’t weaken the harmony after a cordial end. But, joint divorce is undoubtedly among the best of all divorces.

Difference Between Joint Divorce and Uncontested Divorce

Though these two terms may seem similar, there are slight differences.

The result of an uncontested divorce and joint divorce is the same. But, in nature, there are distinctions. In a joint divorce, both the parties file the paperwork together. Needless to say, they have no chance of being in any dispute.

So, the starting and ending of a joint divorce process are peaceful.

On the other hand, in an uncontested divorce, one party files separately for divorce, and the other party agrees on that without any dispute.

Outstanding Disputes

The truth is, the best solution in divorce can’t be similar to a happy marriage life from any corner. And, who wants a separation deliberately?

Repeating an echo, we would like to say that you must understand if joint divorce is feasible. Divorce begins with complications, whereas the decision is to end a relationship.

Confirm that there is no chance of being in dispute with your spouse after divorce, such as spousal support, child custody, property division, etc.

If you have a reason to believe that it would be impossible to form an agreement or each one’s consent doesn’t match, you may think of the other option.

Go through the separation agreement so that no embarrassing moment emerges just because you notice something and change your mind at the eleventh hour.

Last Words

Divorce is not a regional topic anymore but a global problem, whether contested or joint divorce in Alberta.

If you think that joint divorce is only workable in only Alberta, we must eliminate the idea right away. In Ontario and British Columbia also, couples can take this option. There could be some difference in the process, that’s all.

Our solemn message to the couples would be avoiding to search for the good in an unwanted choice and alone.

FAQ

What is the processing time of a joint divorce?

The processing time for joint divorce, on average, is 4 to 6 months, 5 to 7 months, or 6 to 8 months. Apart from that, the duration depends on several issues.

Are joint divorce and uncontested divorce the same?

No. In an uncontested divorce, both parties agree after the case is filed. On the other hand, both the spouses agree before the case goes to court.

What is the cost of joint divorce in Alberta?

The cost of a joint divorce, including spousal and child support, is $3000. Without child and spousal support, the amount may be $2000.

Is it necessary to hire a lawyer for a joint divorce?

Hiring a lawyer would be quite helpful in a joint divorce. That will minimize time besides saving money. Moreover, as they have experience in the subject, you can depend on their suggestions. But, hiring a lawyer isn’t a mandatory or major requirement for a joint divorce.