DIVORCE IN ALBERTA

DivorceEZ expertises divorce in Alberta

DivorceEZ offers a free consultation to obtain your situation and explain the process required for a successful divorce (with or without children involved) in Alberta - Any outstanding issues hindering the divorce are clarified to the client/s. Once our paralegals gather the required information and prepare the documentation to begin the divorce process, the divorce certificate is on its way!

DivorceEZ maintains on-going correspondence with the Alberta Court of Queen's Bench ensuring the fastest possible divorce. At all times, parties are 100% aware of the status of their divorce.

Are there dependent children of the marriage?

A divorce in Alberta fully outlines the details of the child(ren) in regards to custody, child support, visitation and parenting arrangements.

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FILING FOR A DIVORCE

JOINT DIVORCE

PLAINTIFF/DEFENDANT DIVORCE

A joint divorce is available when both parties are agreeable to filing and signing the divorce documents. This is the fastest route for a completed divorce within the Alberta courts. Neither party is served in this case, and the parties do not need to sign the documents together.

PLAINTIFF/DEFENDANT DIVORCE

If a spouse is not willing to sign the documents, or is in some way unavailable to, then this option is available for one party to initiate the process solely within the courts. There is an extra waiting period for this type of divorce as service upon the other party is typically required in these cases.

1) Separated for 1 year

The divorce can be initiated at anytime, but it will not be granted by the courts until after the one year period of separation has passed. The date of separation is when the parties stopped cohabitating together as a married couple, however, they can still be residing under the same roof and be living separately as a married couple. Both parties should be agreeable to the date cohabitation ceased.

2) Adultery

1) Separated for 1 year

Adultery is when a spouse has had intercourse with someone else. If a spouse has committed adultery, you can file on this ground at anytime. The spouse who committed such act must sign an affidavit admitting this; however, if they do not agree to sign an affidavit, then you must appear at court to provide evidence in order to waive the one year waiting period.

3) Abuse

1) Separated for 1 year

3) Abuse

When a spouse has committed any type of cruelty or abuse (violence, verbal threats or insults, drunkenness or excessive drug use) at anytime, you can file on this ground. The spouse who committed such act must sign an affidavit admitting this; however, if they do not agree to sign an affidavit, then you must appear at court to provide evidence in order to waive the one year waiting period.

types of divorces

Uncontested divorce (with/without children)

When there are no disputes or outstanding issues in the divorce, and you can ensure your spouse will not contest the divorce, then an uncontested divorce (also known as a "desk divorce") will be filed within the Alberta Court of Queen's Bench; In this case, neither party has to make a court appearance.

If there are children of the marriage, the divorce will enforce orders for custody, child support and parenting arrangements.

Uncompleted divorce

If yourself, a spouse, or third-party has initiated a divorce but it has not been finalized, or it is at a stand-still, then we can complete the process for you. We will need to obtain the documents filed within the courts to fully identify the outstanding areas in order to finalize the divorce.

If you cannot obtain the court filed documents, we can do this on your behalf.

Unknown where-abouts of a spouse divorce

In the situation where you have not been in touch with your spouse or do not know of your spouse's contact information, we can complete a search of them. If we find some sort of contact information for your spouse, we will obtain a court order to grant us a substitutional method of service. If we cannot obtain a source of contact, we will have to obtain an order to "dispute service" upon your spouse.

Out of Province & Country (foreign) divorce

If your spouse is located outside of Alberta or Canada, we can obtain a court order which will allow us to serve your spouse with the divorce documents in an alternative method. If you do not have any contact information of your spouse, we can perform a search of them; if no information can be found, we then obtain an order to "dispute service" upon your spouse.

Statement of defence for divorce (and division of property)

1. If you have been served with a statement of claim and you do not agree to the remedies being sought, and/or you have further claims to seek, then we can assist with the preparation, filing and serving of a defence/counterclaim.

2. If you have been served with a statement of defence, we can review the document and discuss options for moving forward with the divorce.

In these situations, the divorce becomes contested, and we can refer you to a qualified Experienced divorce lawyer in Calgary, Alberta.