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.
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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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.
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.
In order to file for a divorce in Alberta, one spouse must be a resident of Alberta for 1 year immediately preceding the date of filing the Statement of Claim for Divorce, and you must choose 1 of the 3 grounds to file for a divorce:
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.
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.
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.
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.
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.
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.
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.
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.
Alberta has defined procedures and rules to follow when you submit certain documents to the court and serve them to the individuals involved in the court case. Following the correct procedure when serving court documents is crucial, as it can impact your legal proceeding negatively if you do not follow them correctly.
In the Province of Alberta, serving legal documents is a crucial aspect of the legal process. Specifically, the individual who submits a court document is responsible for ensuring that all other parties involved in the legal action receive a copy of the document. This process, known as service, is necessary to ensure that all parties know the legal action being taken against them or in which they are involved.
The method of service used to deliver the court document depends on the specific requirements outlined in the Alberta Rules of Court. Personal service is typically required for commencement documents, which are used to initiate legal action. This means that a copy of the document must be physically delivered to the recipient, either by hand or through a process server.
On the other hand, non-commencement documents, which are used in ongoing legal actions, may be served by alternative methods. These methods may include mail or email service, where the document is sent to the recipient's address or email address, respectively.
Overall, serving court documents is an important part of the legal process in Alberta, and it is crucial that all parties involved understand the specific requirements for serving and receiving these documents. Understanding these requirements can help ensure that legal actions proceed smoothly and that all parties rights are protected throughout the process.
It's important to keep evidence of serving a document, regardless of whether it's a commencement or non-commencement document. This proof can be in the form of a delivery receipt for emails, a courier slip for physical documents, or any other appropriate method.
It's important to properly serve the other party in the action so they have the opportunity to defend themselves. If they claim they were not properly served, it could delay or even derail your litigation.
In divorce cases, it is crucial to prove that you have delivered your court document(s). This is necessary to file an Affidavit of Service, which is a requirement to proceed with the divorce.
The Affidavit of Service is a document used in court to show that the other party has received the commencement document. It is confirmed and sworn by the person who served the documents and must include certain details:
If you have attempted to serve documents but have been unsuccessful, or if serving the documents is not possible, you can request a substitutional service order from the court. The court may use a different method of serving legal documents, called a substitutional service order, if you provide sufficient evidence in your application to support it. This method must be approved by the court and differs from the methods outlined in the Rules of Court.
If you have permission through a substitutional service order from the court, there are different methods you can use to serve someone.
To clarify, when requesting a substitutional service, it is important to explain how that service will ensure that the intended recipient receives the documents.
For example, a substitutional service order could grant your permission to serve someone through the following methods:
When attempting to serve legal documents to a defendant, it is important that you exhaust all possible avenues of locating them before turning to a substitutional service order. This means that you must make a serious and concerted effort to locate the person in a normal way, such as through personal service or certified mail.
If you are unable to locate the defendant through these traditional channels, you may be able to secure a substitutional service order by presenting evidence to the court that you have made a real and diligent effort to find them. This evidence can take many forms, but one of the most effective methods is through a phone directory search.
A phone directory search involves scouring local and national phone directories for any listings that match the name or address of the defendant. This can be a time-consuming and laborious process, but it is often necessary in order to demonstrate to the court that you have made a good-faith effort to locate the individual.
Ultimately, the key to securing a substitutional service order is to demonstrate to the court that you have made every reasonable effort to locate the defendant and that your efforts have been unsuccessful.
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Telephone: (403) 774-7220
This website is for informational purposes only. DivorceEZ is a company registered in Alberta that offers paralegal services and mediation; and as such, we cannot provide any legal advice.
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