Category Archives: Family Law

Contemplating divorce is never easy. It’s a journey that impacts every aspect of your life – emotional, financial, and legal. While you may be dealing with complex emotions and uncertainty about the future, taking time to prepare properly can make a significant difference in both the divorce process and your life afterward.

In Alberta, divorce laws provide a framework for ending a marriage, but navigating this framework successfully requires careful preparation. Whether you’re certain about your decision or still exploring your options, understanding and completing these five essential steps can help protect your rights, reduce stress, and set you up for a more stable future.

The time you invest in preparation now can save you months of complications and thousands of dollars later. It can also help you approach this challenging transition from a position of knowledge and strength rather than uncertainty and reaction.

Here are five essential steps to take before filing for divorce in Alberta, each designed to help you move forward with confidence and clarity.

1. Gather Important Financial Documents

Before initiating divorce proceedings, you need a clear picture of your financial situation. Start collecting:

• Tax returns from the last three years
• Recent pay stubs and employment records
• Bank statements for all accounts (joint and individual)
• Credit card statements
• Mortgage documents and property tax assessments
• Investment and retirement account statements
• Insurance policies
• Vehicle registration and loan documents
• Lists of valuable assets acquired during marriage

Keep copies of these documents in a secure location outside your home. Having this information readily available will save time, reduce stress, and help your lawyer provide more accurate advice about your financial rights and obligations.

2. Document Your Parenting Role

If you have children, start keeping detailed records of your involvement in their lives. This information can be crucial when determining parenting arrangements:

• Track your participation in daily routines (school drop-offs, meals, bedtime)
• Document attendance at medical appointments and school events
• Keep records of extracurricular activities you coordinate or attend
• Save communications with teachers, coaches, and healthcare providers
• Note special activities or traditions you share with your children

Remember that Alberta courts prioritize the best interests of children. Demonstrating your consistent, meaningful involvement in your children’s lives can help establish a parenting plan that maintains these important relationships.

3. Assess Your Financial Independence

Before filing for divorce, take steps to establish financial independence:

• Open a separate bank account in your name only
• Apply for your own credit card if you don’t already have one
• Create a realistic post-separation budget
• Research housing options within your budget
• Consider your employment situation and whether you need to increase your income
• Start setting aside funds for legal fees if possible
• Review and understand your current household expenses

Don’t make any major financial decisions or large purchases without consulting a lawyer, as these actions could impact your divorce settlement.

4. Consult with a Family Lawyer

Meeting with a family lawyer early in the process is crucial, even if you hope to negotiate an amicable settlement. A lawyer can:

• Explain your legal rights and obligations
• Outline the divorce process and timeline
• Discuss potential custody and support arrangements
• Advise on property division under Alberta law
• Help you understand tax implications
• Guide you on what actions to avoid
• Explain mediation and other dispute resolution options

Many people make well-intentioned mistakes before filing for divorce that can complicate their cases later. Early legal advice helps you avoid these pitfalls and make informed decisions from the start.

5. Create a Support System

Divorce impacts every aspect of your life, so building a support network is essential – not just for emotional comfort, but for making sound decisions during this critical transition. While it’s natural to feel hesitant about sharing your situation with others, having the right support system can provide stability and clarity when you need it most.

The journey through divorce often feels isolating, but you don’t have to handle everything alone. In fact, trying to manage divorce without support can lead to poor decisions driven by stress or overwhelming emotions. A well-structured support network acts as your foundation during this time of change, offering different types of assistance when you need them most.

Professional Support

• Consider meeting with a counselor or therapist
• Consult a financial advisor about long-term planning
• Talk to your family doctor about managing stress
• Connect with a career counselor if you need to return to work

Personal Support

• Identify trusted friends and family members who can offer emotional support
• Research local divorce support groups
• Consider joining online communities for people going through divorce
• Maintain relationships that will be important in your post-divorce life

Being emotionally prepared is just as important as being legally prepared. However, be cautious about what you share on social media or with others during this time, as these communications could impact your case.

Next Steps

Once you’ve taken these preparatory steps, you’ll be in a stronger position to begin the divorce process. Remember that divorce in Alberta requires:

• At least one year of separation before filing
• Proof of marriage breakdown
• Resolution of parenting, support, and property division issues

Taking time to prepare properly can lead to better outcomes and a smoother transition to your post-divorce life. Each situation is unique, and the steps you need to take may vary depending on your circumstances.

The journey through divorce is challenging, but you don’t have to navigate it alone. At Kurie Moore Law Group, we’re here to guide you through each step of the process.

Contact us at 780-809-3545 to schedule a consultation and discuss your specific situation.

At Kurie Moore Law Group, we’ve witnessed a significant shift in divorce demographics over recent years. The phenomenon known as “grey divorce” – separations involving couples over 50 – has become increasingly common, presenting unique challenges and considerations for those involved. This trend reflects broader societal changes and requires a nuanced approach to family law.

The Rise of Grey Divorce

Grey divorce refers to the growing trend of couples ending their marriages later in life, typically after age 50. In Canada, the divorce rate for this age group has nearly doubled in recent decades, even as overall divorce rates have declined. This

shift reflects changing societal norms, increased life expectancy, and evolving expectations for personal fulfillment in later years.

Several factors contribute to this trend:

1. Longer lifespans: With people living longer, healthier lives, many are reassessing their relationships and future goals. The prospect of spending 20-30 years in retirement with an incompatible partner has led some to seek change.
2. Financial independence: Particularly for women, increased financial independence has made it more feasible to consider separation. Many in this age group have established careers and financial stability, reducing economic barriers to divorce.
3. Empty nest syndrome: As children leave home, couples often face a relationship crossroads. Without the shared focus of child-rearing, some discover fundamental incompatibilities or divergent life goals.
4. Reduced stigma: Societal attitudes towards divorce have evolved significantly. For many in the over-50 age group, divorce is no longer seen as taboo, making it a more acceptable option for those in unfulfilling marriages.
5. Generational attitudes: Baby boomers, who make up a significant portion of those experiencing grey divorce, came of age during a time of social change and may be more open to pursuing personal happiness, even later in life.
6. Increased life expectations: Many individuals in this age group are unwilling to settle for unsatisfactory relationships, believing they deserve fulfillment and happiness in their golden years.

Unique Challenges of Grey Divorce

Grey divorces present distinct challenges compared to separations earlier in life. These complexities require careful consideration and often specialized legal guidance:

1. Financial considerations: The division of assets is often more complex in grey divorces, involving:
   • Retirement accounts and pensions accumulated over decades
   • Long-held properties with significant equity
   • Investments and business interests
   • Considerations around Social Security benefits (in the U.S. context)
2. Limited recovery time: With retirement age approaching or already reached, there’s limited time to rebuild savings and adjust financial plans. This makes the equitable division of assets crucial.
3. Health and insurance concerns: Changes in health insurance coverage can be particularly impactful for older adults. Navigating healthcare options post-divorce is a critical consideration.
4. Emotional impact: Ending a decades-long marriage can have profound emotional effects:
   • Loss of identity tied to long-term partnership
   • Grief over the end of shared dreams and plans
   • Anxiety about starting over later in life
5. Family dynamics: Grey divorce affects not just the couple, but extended family:
   • Adult children may struggle with their parents’ separation
   • Grandparent relationships may need to be renegotiated
   • Holiday traditions and family gatherings often require adjustment
6. Social adjustments: Rebuilding a social life as a single person after years of couplehood can be challenging. Many find they need to expand their social circles and develop new interests.
7. Living arrangements: Decisions about the family home can be emotionally and financially complex. Downsizing or relocating may be necessary, which can be stressful at this life stage.

Legal Considerations in Grey Divorce

At Kurie Moore Law Group, we specialize in navigating the intricacies of grey divorce. Our focus areas include:

1. Asset division: Ensuring equitable division of assets accumulated over a long marriage, including:
   • Proper valuation of retirement accounts and pensions
   • Strategies for dividing complex assets like businesses or investment portfolios
   • Considerations around tax implications of asset division
2. Spousal support: Determining appropriate alimony or spousal support, taking into account:
   • Length of the marriage
   • Each spouse’s earning capacity and financial needs
   • Health and age considerations
   • Standard of living during the marriage
3. Retirement planning: Assisting clients in understanding how divorce will impact their retirement plans and developing strategies to ensure financial security in later years.
4. Estate planning: Updating wills, trusts, and beneficiary designations to reflect the new family situation and protect assets for heirs.
5. Health insurance planning: Addressing changes in health insurance coverage and exploring options for continued coverage post-divorce.
6. Tax considerations: Providing guidance on the tax implications of property division, alimony, and other financial aspects of divorce.
7. Mediation services: Offering alternative dispute resolution methods to facilitate amicable settlements and preserve important relationships.

How Kurie Moore Law Group Can Help

Our experienced family law attorneys understand the nuances of grey divorce. We offer:

1. Compassionate guidance: We provide empathetic support through this significant life transition, recognizing the emotional complexities involved.
2. Financial expertise: Our team includes professionals well-versed in the financial intricacies of later-life divorces, ensuring your long-term financial interests are protected.
3. Customized strategies: We develop tailored approaches for each client, recognizing that every grey divorce situation is unique.
4. Mediation and collaborative law options: We offer alternative dispute resolution methods to minimize conflict and preserve important relationships.
5. Comprehensive support: Beyond legal advice, we can connect you with financial planners, therapists, and other professionals to support you through this transition.
6. Future planning: We help you look beyond the divorce itself, assisting with estate planning updates and strategies for your new life chapter.

While grey divorce presents challenges, it can also offer opportunities for personal growth and new beginnings. With proper legal guidance and financial planning, you can navigate this transition successfully. If you’re considering a grey divorce or have questions about the process, contact Kurie Moore Law Group. We’re here to protect your interests and help you start the next chapter of your life with confidence.

Remember, it’s never too late to seek happiness and fulfillment. Our Sherwood Park Law Firm is committed to helping you navigate this complex process with dignity and emerge ready for the next phase of your life.

Spousal support, also known as alimony, is often a complex and contentious issue in divorce or separation cases. In Alberta, as in the rest of Canada, spousal support is governed by federal and provincial laws, as well as guidelines that help determine the amount and duration of support payments.

This blog post will provide a comprehensive overview of spousal support in Alberta, covering eligibility criteria, factors considered in support decisions, the Spousal Support Advisory Guidelines, duration of support, and the process of modifying or terminating support orders.

Eligibility Criteria for Spousal Support in Alberta

Not every separated or divorced individual is automatically entitled to spousal support. To be eligible for spousal support in Alberta, the following criteria must be met:

1. Legal Relationship: The parties must have been legally married or in an Adult Interdependent Relationship (AIR) as defined by Alberta’s Adult Interdependent Relationships Act. An AIR is similar to what other provinces call a common-law relationship.
2. Financial Need: The person seeking support must demonstrate a financial need for support.
3. Ability to Pay: The other party must have the financial ability to pay support.
4. Compensatory Basis: In some cases, support may be awarded on a compensatory basis, even if there isn’t a clear financial need. This might occur if one spouse sacrificed career opportunities for the benefit of the family or the other spouse’s career.

It’s important to note that eligibility doesn’t guarantee that spousal support will be awarded. The court will consider various factors in making its decision.

Factors Considered in Spousal Support Decisions

Alberta courts consider several factors when making decisions about spousal support, as outlined in the Divorce Act and the Family Law Act. These include:

1. Length of the Relationship: Longer relationships typically lead to longer periods of support.
2. Roles During the Relationship: If one spouse stayed home to care for children or support the other’s career, this may influence the support decision.
3. Age and Health of Both Parties: These factors can affect earning capacity and financial need.
4. Financial Means and Needs: The court will consider the income, expenses, and assets of both parties.
5. Ability for Self-Sufficiency: The court will consider each party’s ability to become or remain financially independent.
6. Care of Children: Ongoing childcare responsibilities can affect a person’s ability to work and their financial needs.
7. Standard of Living During the Relationship: The goal is often to help the recipient maintain a similar standard of living, within reason.
8. Economic Advantages or Disadvantages: The court will consider any economic advantages or disadvantages arising from the relationship or its breakdown.

Spousal Support Advisory Guidelines

While not legally binding, the Spousal Support Advisory Guidelines (SSAG) play a crucial role in determining spousal support in Alberta. These guidelines provide a range of support amounts based on various factors, including:

• The income of both parties
• The length of the relationship
• The presence and ages of any children
• Childcare responsibilities

The SSAG use two main formulas:

1. The With Child Support Formula: Used when the couple has dependent children and child support is being paid.
2. The Without Child Support Formula: Used when there are no dependent children or when child support is not being paid.

These guidelines help create consistency in spousal support decisions across cases. However, it’s important to remember that they are advisory, not mandatory. Judges have the discretion to deviate from the guidelines if they feel it’s appropriate in a particular case.

Duration of Spousal Support

The duration of spousal support in Alberta can vary widely depending on the circumstances. Some general principles include:

• Short-Term or Transitional Support: For shorter relationships or where the recipient needs time to become self-sufficient, support might be ordered for a limited time.
• Medium to Long-Term Support: For longer relationships or where there’s a significant disparity in earning capacity, support might be ordered for a longer term or even indefinitely.
• Rule of 65: If the years of cohabitation plus the support recipient’s age at separation equal 65 or more, support may be awarded indefinitely.
• Indefinite Support: In cases of very long marriages or where the recipient is unlikely to ever become self-sufficient due to age or health issues, support might be indefinite.

It’s crucial to note that “indefinite” doesn’t necessarily mean “permanent.” Support orders can be reviewed and modified based on changing circumstances.

Modifying or Terminating Spousal Support

Spousal support orders are not set in stone. They can be modified or terminated under certain circumstances:

1. Material Change in Circumstances: If there’s a significant change in the financial situation of either party (e.g., job loss, retirement, remarriage), the court may modify the support order.
2. Agreement Between Parties: If both parties agree to modify or terminate support, they can create a new agreement, which should be formalized through the court.
3. Review Date: Some support orders include a review date, at which point the order will be reassessed.
4. Retirement: The payor’s retirement can be grounds for modifying support, especially if it results in a significant drop in income.
5. Remarriage or New Adult Interdependent Relationship: While this doesn’t automatically terminate support, it can be a factor in modification or termination.

To modify or terminate a support order, either party can apply to the court. The court will consider the current circumstances of both parties and determine whether a change is warranted.

Conclusion

Navigating spousal support in Alberta can be complex and challenging. While this guide provides a comprehensive overview, each case is unique and may have additional factors to consider. If you’re dealing with spousal support issues, it’s crucial to seek professional legal advice.

At Kurie Moore Law Group, our experienced family law team can guide you through the intricacies of spousal support, whether you’re seeking support or being asked to pay. We’ll work to ensure that any support arrangements are fair and take into account all relevant factors of your specific situation.

Remember, while spousal support can be a contentious issue, it’s ultimately about ensuring fairness and financial stability for both parties after the end of a relationship. With the right legal guidance, you can navigate this process effectively and move forward with confidence.

For personalized advice on your spousal support case, contact Kurie Moore Law Group today. Our Sherwood Park Law team is here to help you understand your rights and options, and to advocate for your best interests throughout the legal process.

Navigating the complexities of international travel as a divorced parent from Alberta necessitates a careful understanding of legal requirements and thorough preparation. When you plan a trip abroad with your children, it’s essential to communicate with your ex-partner about the travel plans. Canadian law encourages cooperation and transparency, especially regarding decisions that affect your children’s wellbeing. This includes ensuring you have the appropriate documentation, such as a travel consent letter, which is crucial for cross-border travel with children, to avoid difficulties at immigration checkpoints.

In addition to dialogue with your former spouse, it’s important to check if there are specific requisites from the country you plan to visit. This can include entry permits or parental authorization forms that differ from those provided by Canadian authorities. If you find yourself facing disagreement from your ex-partner regarding travel, legal assistance might be necessary. Expertise in family law, such as that offered by the Kurie Moore Law Group, can be indispensable for understanding your rights and for facilitating a resolution that allows your travel plans to proceed smoothly.

Every situation is unique, and depending on your custody agreement, there may be predefined conditions about international travel with your children. Your agreement might have clauses that outline the notification period and consent requirements if these trips were anticipated during your divorce proceedings. If your custody documents do not provide clear directions for international travel, or new circumstances have arisen since they were drafted, you should consider consulting with a legal professional. They can help review and, if needed, modify the agreement to include terms that support your family’s current and future travel needs.

Understanding Legal Implications Of International Travel

When traveling abroad from Alberta, it’s crucial to comprehend the legal intricacies that govern international travel as a divorced parent. This includes recognizing your custody situation and being aware of measures to prevent international child abduction.

Identifying Your Custody Status

Understanding your custody status is a foundational step before international travel. You should review your divorce decree alongside any custody agreements or court orders. Legal custody defines your decision-making power

over your child, while physical custody pertains to where the child resides. It’s imperative to ascertain whether you have sole, joint, or full custody. Consulting with a lawyer who specializes in family law can provide clarity if your situation is complex.

In cases where you have sole legal custody, you may not require the other parent’s authorization to travel abroad with your child. However, possessing joint legal custody necessitates consent from both parents. Always carry a consent letter signed by the other parent or a court order granting permission to travel, as this may be demanded by immigration authorities. This document should detail the travel dates, destination, and contact information.

Preventing International Child Abduction

The risk of international child abduction is a serious consideration. If there are concerns about abduction, it’s crucial to take preventive measures. The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that provides a legal framework to expedite the return of a child who has been internationally abducted by a parent. If you suspect that your child is at risk, you must contact a lawyer immediately and explore possible legal actions.

To further mitigate risks, stay informed about the entry and exit requirements of your destination country, which might involve presenting specific documents or following particular procedures upon arrival and departure. Ensure that your child’s travel companions are trustworthy and have no intention of violating custody agreements. Alerting your country’s border services about your concerns can also contribute to your child’s safety during travel.

Pre-Travel Formalities And Documentation

When preparing for international travel from Alberta as a divorced parent, it’s essential to gather and prepare all necessary documentation and understand the consent requirements for children travelling abroad. This will ensure a smooth and compliant departure from Canada.

Obtaining Necessary Documentation

Passports: Securing a valid Canadian passport is your first step. Keep in mind that many countries require your passport to be valid for at least six months beyond your date of return. For your children, ensure their passports are updated and accessible.

Visas: Depending on your destination, you might need to obtain a visa. Check the travel advisories and entry and exit requirements for your destination on the Government of Canada’s website to confirm visa needs and processes.

Custody Documentation: If you’re a divorced parent, bring a copy of the custody order. This document should be notarized to verify its authenticity.

Birth and Death Certificates: Carry a birth certificate for each child travelling with you. If applicable, a death certificate for a deceased parent may also be requested.

Consent Requirements For Children Travelling Abroad

Consent Letter: A consent letter is recommended by the Government of Canada for children travelling abroad. It provides proof that a child has permission to travel abroad from parents not accompanying them on the trip. The letter should be notarized, meaning it’s signed in front of a notary public who confirms the signatures.

Notarization: Having a notary public witness the signing of travel documents and consent letters adds a layer of verification. Kurie Moore Law Group can provide notarization services.

Parenting Agreement: If your parenting agreement includes specific travel provisions, make sure to follow them closely and bring a notarized copy.

It’s wise to review your itinerary with the most updated travel advice and advisories issued by the Government of Canada to understand the legal and safety landscape of your destination country. This will ensure your due diligence in meeting both Canadian and international travel standards.

Communication And Coordination

Effective communication and coordination are crucial when you’re a divorced parent planning to travel abroad from Alberta. It involves obtaining the proper consents and engaging with legal experts if disputes arise.

Getting Consent From The Other Parent

As a divorced parent, you have the responsibility to inform and obtain consent from your ex-spouse before traveling internationally with your child. Consent is typically required when only one parent is accompanying the child, to respect the:

• Custody arrangements: Ensure travel plans align with custody agreements and parenting time.
• Parent’s rights: Recognize and adhere to the non-accompanying parent’s rights and access to the child.

The consent should be explicit and in writing. Here’s a basic structure for obtaining consent:

1. Discuss travel plans: Open a dialogue with the other parent explaining the reasons for travel, destinations, and duration.
2. Draft written consent: Once agreed, draft a written consent that outlines the details of the trip.
3. Notarization: To add legal weight, get the consent letter notarized. This will confirm the authenticity of the document for authorities.

If the other parent is unreasonably withholding consent, or if complications arise, you may need to consult a legal professional.

Engage With Legal Professionals If Necessary

If you’re facing difficulties in obtaining the necessary consent, or if there’s a disagreement about the travel:

• Seek legal advice: Contact a family lawyer at Kurie Moore Law Group to understand your rights and options.
• Family court intervention: A lawyer can guide you through the process of approaching the family court to secure the right to travel.
• Uphold the agreement: Ensure that any court-mediated agreement is closely followed to prevent future legal complications.

Remember: Legal intervention is a last resort and it’s essential to attempt all reasonable means of communication and negotiation before pursuing this path.

Practical Tips For Traveling Abroad With Children

When planning to travel abroad with children, especially from Alberta as a divorced parent, give extra attention to the travel documents required and the understanding of protocols that ensure a smooth journey.

Planning Your Itinerary And Stay

Itinerary: Carefully organize your travel schedule to accommodate the needs and comfort of your children. Ensure that relative and friend contacts are integrated into your plans for ease of communication and support. When flying, it’s advisable to inform airline agents of your situation; they can offer assistance, such as family boarding privileges.

• Guardianship: Bring documentation proving custody or guardianship status. In cases of shared custody, carry a letter of consent from the other parent for the children’s temporary care and travel abroad.
• Accompanying person: If someone other than you, like relatives or friends, is accompanying your children, provide a signed and dated letter of authorization.

Stay: Choose accommodations that are family-friendly and secure. Focus on places known to be safe from crime and accommodating to the needs of Canadian children.

Frequently Asked Questions

Traveling internationally with your child as a divorced parent from Alberta involves specific legal requirements. It’s essential to understand the necessary documentation to avoid any complications.

What documentation is required for a divorced parent to travel internationally with their child from Alberta?

You are advised to carry your child’s passport, your own passport, a copy of your divorce decree, and the child’s birth certificate. If you have custody or shared custody, carry the relevant court orders to demonstrate your legal right to travel with the child.

How do I obtain a travel consent letter for my child in Canada if I’m a divorced parent?

A travel consent letter should be drafted stating that the non-traveling parent or legal guardian gives permission for the child to travel abroad. Obtain the letter well in advance from a legal professional to ensure it meets all regulatory requirements.

Is it mandatory for a divorced parent to carry a notarized letter of consent when traveling abroad with a child from Alberta?

While not always mandatory, it is strongly recommended to carry a notarized letter of consent from the non-traveling parent. This document may be requested by immigration authorities to prevent child abduction.

What are the legal requirements for a divorced parent taking their child out of the country from Alberta?

Legal requirements include having a valid passport for both you and your child, a notarized travel consent letter if you are the sole guardian or have the legal right to take the child abroad. Check with the specific country’s embassy for additional requirements as they can vary.

How can a divorced parent ensure compliance with international travel regulations for minors traveling with one parent?

To ensure compliance, consult with a legal expert at Kurie Moore Law Group to understand any updates to travel regulations. They can guide you in obtaining all necessary documents that meet the criteria of both Canadian authorities and foreign countries.

What steps should be taken if the other parent is not available to give consent for a child’s international travel from Alberta?

If the other parent is not available to provide consent, it is essential to seek legal advice. In some cases, court orders may permit travel without the other parent’s consent. A professional at Kurie Moore Law Group can assist in these specific circumstances to determine the best course of action

In Alberta, Canada, the Divorce Act governs the circumstances under which you may obtain a divorce. The Act outlines one fundamental cause for divorce: the breakdown of the marriage. This can be established in one of three ways: through evidence of separation, adultery, or cruelty. To meet the criteria for separation, you and your spouse must have lived apart for at least one year. This is typically the most common grounds cited due to its clear and objective nature.

If you’re seeking a divorce based on adultery or cruelty, these reasons are less straightforward and require proof which can sometimes complicate the divorce process. However, it is important to understand that the choice of grounds for divorce may influence the proceedings, particularly related to the timeline and the level of evidence required. Your residence in Alberta also plays a role; you or your spouse must have lived in the province for a minimum of one year before filing your legal paperwork. This requirement ensures that the Alberta courts have the jurisdiction to manage your case.

Legal Requirements for Divorce in Alberta

At Kurie Moore Law Group, we understand the complexities involved in equitably dividing property and assets during a divorce. In Alberta, the principles dictate that assets accumulated over the course of the marriage should be shared fairly between spouses.

This includes the matrimonial home, bank accounts, pensions, and the increased value of assets brought into the marriage. However, exceptions may apply to assets like gifts, inheritances, or pre-marital property, which may not be subject to equal division.

When pursuing a divorce in Alberta, it is crucial to understand the legal prerequisites set forth by the Divorce Act. These requirements ensure that the process adheres to federal and provincial laws.

Residency and Grounds for Divorce

To file for divorce in Alberta, you or your spouse must have been a resident in the province for at least one year before the filing of a Statement of Claim for Divorce. Under the Divorce Act, the only accepted ground for divorce is marital breakdown, which can be proven in three ways: separation, adultery, and cruelty.

Separation as a Ground for Divorce

If you are considering separation as a ground for divorce, you and your spouse must live apart for at least 12 months prior to the initiation of divorce proceedings. It’s important to note that periods of reconciliation that do not surpass 90 days do not reset the 12-month timeframe.

• Duration of Separation: At least 12 months
• Reconciliation Periods: Up to 90 days (without resetting separation period)

Fault-Based Grounds: Adultery and Cruelty

Beyond separation, there are two fault-based grounds recognized by the Divorce Act. If you are filing for divorce on these grounds, there is no mandatory separation period required.

• Adultery: You can file for divorce if your spouse has committed adultery, and you have not forgiven or condoned the behavior.
• Cruelty: If your spouse has subjected you to physical or mental cruelty of a kind that renders continued cohabitation intolerable, it may constitute grounds for divorce.

The Divorce Process

When pursuing a divorce in Alberta, you must navigate through a legal process that involves filing paperwork, deciding on the type of divorce, and considering reconciliation.

This requires meeting the legal prerequisites set forth by the Divorce Act to ensure adherence to federal and provincial laws. Criteria such as living separately for at least one year or proving marital breakdown must be met.

Filing the Statement of Claim for Divorce

To initiate your divorce, you must file a Statement of Claim for Divorce with the court. This document identifies the grounds for divorce and is the formal beginning to the legal process. You, as the “plaintiff,” will submit this form at your local courthouse, and your spouse will be the “defendant.”

Uncontested Versus Contested Divorce

• Uncontested Divorce: If both parties agree on all terms of the divorce, including spousal support, property division, and child custody, the process is considered uncontested. This can make for a smoother and often quicker process.
• Contested Divorce: If one party disputes any terms, the divorce is contested. Contested divorces usually require more extensive legal representation from a family lawyer and can lead to court proceedings to resolve the issues.

Reconciliation and Mediation Efforts

Before finalizing the divorce, you are encouraged to explore the possibility of reconciliation. If there’s a chance of reconciling, mediation can be a valuable tool to resolve outstanding issues without court intervention. A family lawyer can guide you through mediation efforts and help you understand your legal options.

Financial and Parental Considerations

When considering a divorce in Alberta, it is essential to understand the implications related to financial obligations and the care of children.

Child and spousal support are determined based on guidelines and circumstances of the marriage, while custody and access, as well as the division of property and assets, are subject to legal frameworks aiming to protect the rights and welfare of all involved parties.

Child and Spousal Support

Child support is mandatory and calculated according to federal guidelines, considering your income and the number of children requiring support. In Alberta, this financial support continues until the child is 18, or 22 if they are full-time students. Spousal support, on the other hand, may be stipulated based on the length of the marriage, roles during the marriage, and the financial means of the spouses. Both types of support aim to mitigate financial disparities post-divorce.

Custody and Access to Children

Custody determines who has the responsibility for making significant decisions regarding the children’s welfare, including education, healthcare, and religion. Custody can be joint or sole, based on the best interests of the children. Access refers to how non-custodial parents can spend time with their children. This includes the right to inquire about the children’s health, education, and wellbeing.

Division of Property and Assets

The division of matrimonial property in Alberta follows the principles that the assets accumulated during the marriage should be shared fairly. Marital assets, such as the matrimonial home, bank accounts, and pensions, are subject to division. However, there are exceptions, including gifts, inheritance, or assets brought into the marriage, which may not be divided equally. In most cases, you’ll equally divide the increase in the value of these assets during the time of your marriage.

Accessing Legal Advice and Representation

At Kurie Moore Law Group, we understand the complexities involved in equitably dividing property and assets during a divorce. In Alberta, the principles dictate that assets accumulated over the course of the marriage should be shared fairly between spouses.

This includes the matrimonial home, bank accounts, pensions, and the increased value of assets brought into the marriage. However, exceptions may apply to assets like gifts, inheritances, or pre-marital property, which may not be subject to equal division.

Our experienced divorce lawyers specialize in family law and can provide tailored legal guidance to protect your interests. We aim to reach fair settlements through negotiation when possible, while preparing thoroughly for litigation if needed.

Kurie Moore Law Group is committed to supporting our clients through the division of property and assets, ensuring their rights are upheld with expertise and compassion. Contact us for a consultation on your unique situation.