Category Archives: Family Law

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.

If you or someone you know is experiencing domestic violence in Alberta, it is important to understand the laws and resources available to protect yourself and your loved ones. Domestic violence is a serious issue that affects many individuals and families in the province. It can take many forms, including physical, sexual, emotional, and financial abuse.

Fortunately, Alberta has laws in place to help victims of domestic violence. The Disclosure to Protect Against Domestic Violence (Clare’s Law) Act, for example, allows individuals who feel at risk of domestic violence to request information about their partners’ criminal history. This can help victims make informed decisions about their safety and take steps to protect themselves. Additionally, Alberta’s Family Violence Protection Act provides legal protections for victims of domestic violence, including emergency protection orders and restraining orders.

At Kurie Moore Law Group, we understand the complex legal issues surrounding domestic violence in Alberta. Our experienced lawyers are dedicated to helping victims of domestic violence navigate the legal system and obtain the protections they need to stay safe. If you or someone you know is experiencing domestic violence, please don’t hesitate to contact us for help.

Overview of Domestic Violence Laws in Alberta

If you or someone you know is experiencing domestic violence in Alberta, it is important to know that there are laws in place to protect victims and hold perpetrators accountable. Domestic violence is defined as any form of abuse or violence that occurs between people who are in a close relationship, such as spouses, partners, or family members.

In Alberta, there are a number of laws and policies that address domestic violence. These include:

• The Protection Against Family Violence Act (PAFVA): This law provides victims of domestic violence with a range of legal protections, including emergency protection orders, restraining orders, and exclusive possession of the family home. It also allows police officers to remove perpetrators from the home and lays out penalties for violating protection orders.
• The Criminal Code of Canada: This federal law includes a number of criminal offences related to domestic violence, such as assault, sexual assault, and uttering threats. These offences carry serious penalties, including imprisonment.
• Clare’s Law: This law allows individuals who feel at risk of domestic violence to request information about their partner’s criminal history. This information can help individuals make informed decisions about their safety and take steps to protect themselves.
• The Victims of Crime Act: This law provides financial compensation to victims of crime, including victims of domestic violence, to help cover expenses related to medical treatment, counselling, and lost wages.

In addition to these laws, there are also a number of resources available to victims of domestic violence in Alberta. These include:

• Emergency shelters: There are a number of emergency shelters throughout Alberta that provide safe and secure accommodations for victims of domestic violence.
• Counselling and support services: There are a variety of counselling and support services available to victims of domestic violence, including individual counselling, group counselling, and support groups.
• Legal assistance: Victims of domestic violence can access legal assistance through a variety of sources, including Legal Aid Alberta and private law firms like Kurie Moore Law Group.

If you or someone you know is experiencing domestic violence in Alberta, it is important to reach out for help. There are resources available to support you and help you stay safe.

The Family Law Act

The Family Law Act is a provincial law that governs family relationships in Alberta. It applies to non-divorce situations, such as determining who are the parents of a child, including cases where the child was conceived through assisted reproduction, and determining who are the guardians of a child.

The Act also covers contact between a non-parent or non-guardian and a child, and child and spousal/adult interdependent partner support obligations for former spouses/parents who were never married or are not seeking a divorce.

Under the Family Law Act, domestic violence is considered a serious matter. The Act defines “family violence” as any behaviour by a family or household member causing or attempting to cause physical harm to the child or another family or household member, including forced confinement or sexual abuse, or causing the child or another family or household member to reasonably fear for his or her safety or that of another person.

If you are experiencing family violence, the Family Law Act provides several options for protection. You may apply for an Emergency Protection Order, which is a court order that provides immediate protection from family violence. You can also apply for a Protection Order, which is a court order that provides longer-term protection from family violence.

In addition, the Family Law Act allows for the appointment of a guardian ad litem, who is a person appointed by the court to represent the best interests of a child in a legal proceeding. The guardian ad litem may be appointed if there are concerns about the safety or well-being of the child.

Overall, the Family Law Act is an important tool for protecting individuals and families from domestic violence in Alberta. If you are experiencing family violence, it is important to seek help and know your legal rights.

The Protection Against Family Violence Act

If you or someone you know is experiencing family violence in Alberta, The Protection Against Family Violence Act provides a legal framework to help protect victims and prevent further violence. This act provides the authority for the court to grant a protection order where it has determined that violence has occurred and is likely to continue.

The Protection Against Family Violence Act recognizes the family as the basic unit of society and is committed to the prevention of family violence. The act also establishes the Family Violence Death Review Committee, which reviews incidents of family violence resulting in deaths and provides advice and recommendations to help prevent future incidents.

Under this act, family violence is defined as any of the following acts committed by a family member against another family member:

• Physical abuse or threatened physical abuse
• Sexual abuse or threatened sexual abuse
• Psychological or emotional abuse
• Financial abuse
• Harassment or stalking
• Damage to property

If you are experiencing family violence, you can apply for a protection order under this act. A protection order is a legal document that prohibits the abuser from having any contact with you or your children and can also require the abuser to leave the family home.

It is important to note that if you are in immediate danger, you should call 911 or your local police department. They can provide emergency assistance and help ensure your safety.

Overall, The Protection Against Family Violence Act is an important piece of legislation in Alberta that helps protect victims of family violence and prevent future incidents. If you or someone you know is experiencing family violence, it is important to seek help and support.

Emergency Protection Orders

If you are experiencing family violence, you may want to consider applying for an Emergency Protection Order (EPO). An EPO is a legal tool intended to protect Albertans experiencing family violence. It is granted when violent or threatening behavior occurs between family members.

Procedure

You can get an EPO 24 hours a day, 7 days a week. A Provincial Court judge or justice of the peace can grant an EPO in person or over the phone. The process to apply is different in each city or town. In Edmonton, you can contact Legal Aid Alberta’s Emergency Protection Order Program during business hours (by phone or in person).

To apply for an EPO, you will need to provide information about the family violence that has occurred or is likely to occur. You will need to provide your name, address, and contact information. You may also need to provide information about the person who has been violent or threatening towards you.

Enforcement

Once an EPO is granted, it is important to understand that it is a legal order. This means that if the person who has been violent or threatening towards you does not follow the order, they can be charged with a criminal offense.

If the person who has been violent or threatening towards you violates the EPO, you should contact the police immediately. The police can arrest the person and charge them with a criminal offense.

It is important to remember that an EPO is only one tool to help protect you from family violence. There are other legal options that may be available to you, such as a Queen’s Bench Protection Order (QBPO). A QBPO is a court order that helps protect Albertans from family members committing family violence. It can order the person causing harm to do things such as stay away from you, stop contacting you, move out of the family home, or allow you to use certain property. QBPOs are described in Alberta’s Protection Against Family Violence Act.

Restraining Orders

If you are experiencing domestic violence, you may be eligible for a restraining order. A restraining order is a legal document that prohibits an abusive partner or family member from contacting or being near you. In Alberta, there are two types of restraining orders: Emergency Protection Orders (EPOs) and Queen’s Bench Protection Orders (QBPOs).

Procedure

To obtain an EPO, you can contact Legal Aid Alberta’s Emergency Protection Order Program 24/7. A judge or justice of the peace can grant an EPO in person or over the phone. The process to apply is different in each city or town, so it’s important to contact Legal Aid Alberta for guidance.

To obtain a QBPO, you must go to court and apply in person. You will need to provide evidence of the abuse and explain why you need the order. If the judge grants the order, the abusive partner or family member will be prohibited from contacting or being near you for a specified period of time.

Enforcement

If the abusive partner or family member violates the terms of the restraining order, you should contact the police immediately. The police can arrest the person and charge them with a criminal offense. If the person is found guilty, they may face fines, imprisonment, or other penalties.

It’s important to note that a restraining order is not a guarantee of safety. If you feel that you are in danger, you should take steps to protect yourself, such as staying with a friend or family member, changing your phone number, or contacting a domestic violence shelter.

If you need help obtaining a restraining order or have questions about your legal rights, you should contact a qualified family law attorney. The Kurie Moore Law Group is a law firm in Sherwood Park that specializes in family law and can provide you with the guidance and support you need.

Victims of Crime Financial Benefits Program

If you are a victim of a violent crime, you may be eligible for financial assistance through the Victims of Crime Financial Benefits Program in Alberta. This program is designed to help victims of crime, their immediate family members, and witnesses who have suffered physical or emotional harm as a result of a violent crime.

The program provides financial assistance to help with urgent needs, such as medical expenses, funeral costs, and loss of income. The amount of financial assistance provided depends on the severity of the harm suffered and the financial need of the victim. The maximum amount of financial assistance available is $110,000.

Support Services for Victims

If you or someone you know is experiencing domestic violence in Alberta, there are a number of support services available to help. These services can provide information, support, and resources to help victims of domestic violence stay safe and get the help they need.

Family Violence Info Line

The Family Violence Info Line is available 24/7 and can provide information and support to victims of domestic violence. You can call the toll-free number at 310-1818 or text 310-1818 to get help. The Info Line can provide information about shelters, financial assistance, legal services, and other resources that are available to victims of domestic violence.

Shelters

There are a number of shelters across Alberta that provide safe housing and support services to victims of domestic violence. These shelters can provide a safe place to stay, as well as counseling, support groups, and other services to help victims heal from the trauma of domestic violence. Some shelters also offer services for children who have been impacted by domestic violence.

Counseling Services

Counseling services are available to victims of domestic violence and can provide emotional support, as well as help victims develop coping skills and strategies for staying safe. Counseling services can be provided by trained professionals, such as psychologists or social workers, and can be offered in individual or group settings.

Legal Services

Victims of domestic violence may need legal assistance to obtain restraining orders, file for divorce or custody, or navigate other legal issues related to domestic violence. Legal services are available to victims of domestic violence and can provide advice and representation in legal matters.

If you or someone you know is experiencing domestic violence, it’s important to seek help as soon as possible. There are a number of support services available to help victims of domestic violence stay safe and get the help they need.

At Kurie Moore Law Group, we believe that everyone deserves to live a life free from fear and violence. Domestic violence is a deeply concerning issue, and we are committed to helping those who have been affected by it in Alberta.

Our legal team is here to provide support, guidance, and legal assistance to survivors of domestic violence. We understand the complexities of these situations and the courage it takes to seek help. You are not alone in this journey, and we are here to help you navigate the legal process, obtain protective orders if needed, and ensure your safety and well-being.

Divorce can be a difficult and stressful experience for everyone involved, especially children. As a parent, it’s natural to want to protect your child from the negative effects of a divorce. However, it’s important to understand that divorce can have a lasting impact on children’s emotional and mental well-being.

At Kurie Moore Law Group, we understand that helping your child through a divorce can be overwhelming. That’s why we’ve put together this guide to provide you with tips and advice on how to help your child cope with divorce. We’ll cover topics such as understanding the impact of divorce on children, explaining divorce to kids, and the role of parents in guiding kids through divorce.

By following the advice in this guide, you can help your child navigate the difficult emotions that come with divorce and provide them with the support they need to thrive. Remember, divorce is a challenging time for everyone, but with the right guidance and support, your family can come out stronger on the other side.

Key Takeaways

• Divorce can have a lasting impact on children’s emotional and mental well-being.
• It’s important to understand the impact of divorce on children, explain it to them in an age-appropriate way, and provide them with the support they need to cope.
• As a parent, your role in guiding your child through divorce is crucial, and professional help is available if needed.

Understanding Divorce Impact on Children

Divorce is a highly stressful and emotional experience for everyone involved, especially for children. Children often feel that their whole world has turned upside down. As a parent, it is important to understand the impact divorce can have on your child’s emotional, academic, and behavioral well-being.

Emotional Impact

Divorce can have a significant emotional impact on children. They may experience feelings of sadness, anger, guilt, and confusion. Children may feel like they are to blame for the divorce, even if it is not their fault. It is important to reassure your child that the divorce is not their fault and that both parents still love them.

Academic Impact

Divorce can also have an impact on a child’s academic performance. Children may have difficulty concentrating in school or may have a decrease in their grades. It is important to communicate with your child’s teacher and school counselor to ensure that they are aware of the situation and can provide support.

Behavioral Impact

Divorce can also lead to changes in a child’s behavior. Children may become more withdrawn, aggressive, or may act out. It is important to provide a safe and stable environment for your child and to seek professional help if needed.

It is important to remember that every child is different and will react to divorce in their own way. As a parent, it is important to provide love, support, and understanding during this difficult time. If you are going through a divorce, it may be helpful to seek the advice of a family law attorney to ensure that your child’s best interests are protected.

Explaining Divorce to Kids

Divorce can be a difficult and confusing time for children. As a parent, it’s important to explain the situation to your kids in a way that they can understand. Here are a few tips to help you choose the right language and avoid blaming language when talking to your kids about divorce.

Choosing the Right Language

When explaining divorce to your kids, it’s important to use language that is appropriate for their age and level of understanding. Keep your communication simple, factual, and straightforward. Your child does not need to know all the details of why the divorce is happening. Stick to the basics and avoid getting into the nitty-gritty details.

One way to explain divorce to young children is to say that mom and dad are not going to live together anymore, but that both parents still love them very much. You can reassure your child that they will still see both parents regularly, and that they will still be taken care of.

For older children, you can provide more detail about the reasons for the divorce, but be careful not to overshare. It’s important to be honest with your kids, but also to protect them from any unnecessary emotional distress.

Avoiding Blaming Language

When talking to your kids about divorce, it’s important to avoid blaming language. This means not placing blame on one parent or the other for the divorce. Blaming language can make your child feel like they have to choose sides, which can be very stressful for them.

Instead, focus on the fact that the divorce is a mutual decision made by both parents. Explain that sometimes adults have disagreements that they can’t work out, but that this doesn’t mean they don’t love their children.

It’s also important to avoid speaking negatively about your ex-partner in front of your children. This can be very damaging to their emotional well-being, and can make the divorce even more difficult for them to cope with.

By choosing the right language and avoiding blaming language, you can help your kids understand the situation and feel more secure during this difficult time. Remember to be patient and understanding, and to reassure your child that they are loved and cared for.

Helping Kids Cope with Divorce

Divorce can be a difficult and confusing time for kids. As a parent, it’s important to provide stability and routine, encourage expression of feelings, and promote healthy communication to help your child cope with the changes. Here are a few ways to help your child through this difficult time:

Providing Stability and Routine

Divorce can be a major disruption to a child’s life, so it’s important to provide as much stability and routine as possible. This can include maintaining regular schedules for meals, bedtime, and extracurricular activities. It’s also important to keep your child’s environment as consistent as possible, whether that means keeping them in the same school or maintaining the same living arrangements.

Encouraging Expression of Feelings

It’s important for kids to be able to express their feelings about the divorce. Encourage your child to talk about how they’re feeling, and be sure to listen to them without judgment. Let them know that it’s okay to feel sad, angry, or confused, and that you’re there to support them through it all.

Promoting Healthy Communication

Divorce can be a challenging time for communication, but it’s important to maintain healthy communication with your child. This can include being honest and open with them about what’s happening, and encouraging them to ask questions and express their concerns. It’s also important to work with your ex-spouse to develop a co-parenting plan that prioritizes your child’s needs.

At Kurie Moore Law Group, we understand that divorce can be a difficult time for families. That’s why we’re here to help you navigate the legal process with confidence and clarity. Our experienced team of family lawyers can help you develop a plan that prioritizes your child’s needs and helps them cope with the changes. Contact us today to schedule a consultation.

Role of Parents in Guiding Kids Through Divorce

Going through a divorce can be a difficult time for everyone involved, especially children. As a parent, it is important to guide your children through this process and provide them with the support they need to adjust to the changes. Here are some ways you can help your kids through a divorce:

Maintaining Involvement

One of the most important things you can do as a parent is to maintain your involvement in your child’s life. This means staying involved in their school, extracurricular activities, and social life. By doing so, you can help them maintain a sense of normalcy and stability during this time of transition.

Co-parenting Strategies

Co-parenting is an important aspect of helping your kids through a divorce. This means working with your ex-spouse to establish a consistent and predictable parenting plan. It is important to put aside any personal conflicts and focus on what is best for your children. This may involve seeking the help of a mediator or therapist to facilitate communication and resolve any conflicts.

Promoting Self-care

Divorce can be a stressful and emotionally draining experience for both parents and children. It is important to take care of yourself and your children during this time. Encourage your children to engage in activities that promote self-care, such as exercise, meditation, or spending time with friends and family. As a parent, make sure you are taking care of your own physical and emotional needs as well.

By following these strategies, you can help guide your children through the process of divorce and provide them with the support they need to adjust to the changes. Remember, divorce is a difficult process, but with the right support and guidance, you and your children can come out stronger on the other side.

Professional Help for Kids During Divorce

Going through a divorce can be a difficult and confusing time for children. As a parent, it is important to provide your child with the necessary support and resources to help them cope with the changes that come with divorce. One of the most effective ways to do this is by seeking professional help for your child.

Importance of Counseling

Counseling is a form of therapy that can help children express their emotions and feelings in a safe and supportive environment. It can also help them develop coping skills and strategies to deal with the challenges that come with divorce. Counseling can be especially beneficial for children who are struggling with anxiety, depression, or other mental health issues related to the divorce.

At Kurie Moore Law Group, we understand the importance of counseling for children during divorce. Our team of experienced family lawyers can provide you with resources and referrals to trusted counseling professionals in the Sherwood Park area.

Benefits of Therapy

Therapy is another form of professional help that can benefit children during divorce. It can provide children with a safe and supportive environment to work through their emotions and feelings. Therapy can also help children develop coping skills and strategies to deal with the challenges that come with divorce.

There are many different types of therapy that can be beneficial for children during divorce, including play therapy, cognitive-behavioral therapy, and family therapy. Each type of therapy has its own unique benefits and can be tailored to meet the specific needs of your child.

At Kurie Moore Law Group, we can help you understand the benefits of therapy for your child and provide you with resources and referrals to trusted therapy professionals in the Sherwood Park area.

In conclusion, seeking professional help for your child during divorce can be a valuable resource in helping them cope with the changes that come with divorce. At Kurie Moore Law Group, we are committed to providing you with the resources and support you need to help your child through this difficult time.

Maintaining Normalcy Post-Divorce

Going through a divorce can be a difficult time for children. It is important to maintain normalcy in their lives as much as possible. This can be achieved by ensuring that they continue their education and participate in extra-curricular activities. Here are some ways to maintain normalcy post-divorce:

Continuation of Education

It is important for children to continue their education post-divorce. This can be achieved by ensuring that they attend school regularly and complete their homework on time. As a parent, you can help your child by creating a study schedule and ensuring that they have a quiet place to study. If your child is struggling with their school work, consider hiring a tutor to help them catch up.

Participation in Extra-curricular Activities

Participating in extra-curricular activities can help children cope with the stress of divorce. It provides them with an outlet to release their emotions and connect with other children who are going through similar experiences. As a parent, you should encourage your child to participate in activities that interest them. This can be anything from sports to music to art.

It is important to note that while it is important to maintain normalcy post-divorce, it is also important to be flexible. Your child may need some time to adjust to the new situation and may need some extra support during this time. As a parent, it is important to be patient and understanding with your child.

At Kurie Moore Law Group, we understand that going through a divorce can be a difficult time for families. We are here to help you navigate the legal process and ensure that your children’s best interests are always taken into consideration. Contact us today to schedule a consultation.

If you are considering getting a divorce in Alberta, you may be wondering whether you can do so without your spouse’s consent. The answer is yes, but only under certain circumstances. Alberta’s divorce laws require that you have grounds for divorce, and one of those grounds is the breakdown of the marriage. If you can prove that your marriage has broken down irreparably, you may be able to get a divorce without your spouse’s consent.

To prove the breakdown of the marriage, you must show that you and your spouse have been separated for at least one year or that your spouse has committed adultery or cruelty. If you can provide evidence of one of these grounds, you may be able to get a divorce without your spouse’s consent. However, it is important to note that the process can be complicated, and it is recommended that you seek the advice of a lawyer to ensure that your rights are protected throughout the process.

Going through a divorce can be a difficult and emotional process, and it is important to understand your rights and obligations under the law. In addition to the grounds for divorce, you will need to consider issues such as custody, support, and division of property. The court will make decisions about these issues based on the best interests of the children and the needs of the parties involved. With the help of a lawyer, you can navigate the legal system and ensure that your interests are protected throughout the divorce process.

Can You Get a Divorce Without Your Spouse’s Consent in Alberta?

If you want to get a divorce in Alberta, but your spouse does not consent, you may still be able to proceed with the divorce under certain circumstances. In this section, we will discuss the basics of divorce in Alberta, grounds for divorce, uncontested and contested divorce, and substituted service.

The Basics of Divorce in Alberta

In Alberta, divorce falls under the jurisdiction of the federal government, and the legal process is governed by the Divorce Act. To get a divorce, you must first meet the eligibility requirements, which include being a resident of Alberta for at least one year and having grounds for divorce.
Grounds for Divorce

There are three legally accepted grounds for divorce in Alberta, according to the Divorce Act: separation, adultery, and cruelty. Separation is the most common ground for divorce, and it requires that you and your spouse have lived apart for at least one year. Adultery involves one spouse cheating on the other, while cruelty can be either physical or mental.

Uncontested Divorce
An uncontested divorce is one where both spouses agree to the divorce and the terms of the divorce settlement. This can include issues such as child custody, spousal support, and division of assets. An uncontested divorce can be a faster and less expensive option than a contested divorce.

Contested Divorce
A contested divorce is one where the spouses cannot agree on the terms of the divorce settlement. This can lead to a lengthy and expensive legal battle, where a judge will make the final decision on issues such as child custody, spousal support, and division of assets.

Substituted Service
If you cannot locate your spouse, you may be able to proceed with the divorce by using substituted service. This involves providing evidence to the court that you have made reasonable efforts to locate your spouse, but have been unsuccessful. The court may then allow you to serve your spouse with the divorce papers by alternate means, such as through a family member or by publishing a notice in a newspaper.

In conclusion, getting a divorce without your spouse’s consent in Alberta is possible under certain circumstances. However, it is important to seek legal advice and understand your options before proceeding with the divorce process.

Property Division.

When it comes to divorce, property division can be a major issue. In Alberta, the Matrimonial Property Act (MPA) governs the division of assets and property for legally married spouses. The MPA identifies what is considered property as well as what is exempt from distribution of assets upon the dissolution of a marriage.

Under the MPA, property is divided equally between spouses unless there is a good reason not to do so. This means that each spouse is entitled to half of the value of all property acquired during the marriage, including the family home, vehicles, bank accounts, investments, and other assets. However, certain types of property may be exempt from division, such as gifts or inheritances received by one spouse.

It is important to note that property division only applies to legally married couples. If you are in a common-law relationship, the rules are different. In Alberta, common-law couples are not subject to the MPA. Instead, the Family Property Act (FPA) applies to them. Under the FPA, property is divided based on ownership and contribution, rather than equally.

If you and your spouse are unable to agree on how to divide your property, a court may be required to make a decision. In this case, it is important to seek legal advice to ensure that your rights and interests are protected. A lawyer can help you navigate the complex process of property division and ensure that you receive a fair share of the assets.

In summary, property division is an important issue in divorce cases in Alberta. The MPA governs property division for legally married couples, while the FPA applies to common-law couples. If you are unable to agree on how to divide your property, it may be necessary to seek legal advice and assistance.

Child Custody and Support

When it comes to child custody and support, it is important to note that getting a divorce without your spouse’s consent does not exempt you from your obligations as a parent. In Alberta, the court’s primary concern is the best interests of the child, and this will be the main factor considered when making decisions about custody and support.

If you have children and are seeking a divorce without your spouse’s consent, you will need to file a Statement of Claim for Divorce and include a proposed parenting plan. This plan should outline how you intend to care for your children and how you plan to share parenting responsibilities with your spouse.

If you and your spouse cannot agree on a parenting plan, the court may order a custody assessment to be conducted. This assessment will involve a social worker or psychologist meeting with you, your spouse, and your children to assess the best interests of the child and make recommendations for custody and parenting arrangements.

In terms of child support, both parents are responsible for financially supporting their children. The court will consider a number of factors when determining the amount of child support to be paid, including the income of each parent, the number of children, and the parenting arrangements.

It is important to note that child support and child custody are separate issues, and one parent cannot withhold access to the children if the other parent is not paying child support. If your spouse stops paying child support, you will need to take them to court to resolve the matter.

Overall, navigating child custody and support can be a complex and emotional process, but it is important to prioritize the best interests of your children and work toward a parenting plan that works for everyone involved.

Spousal Support

If you are considering getting a divorce in Alberta, you may be wondering if you or your spouse will be entitled to spousal support, also known as alimony. Spousal support is financial assistance paid by one spouse to the other after a divorce or separation. It is usually paid by the higher-earning spouse to the lower-earning spouse, and its purpose is to help the lower-earning spouse maintain their standard of living after the divorce.
In Alberta, spousal support is not automatic, and it is not a right. Whether or not you or your spouse will be entitled to spousal support will depend on a variety of factors, including:

• The length of the marriage or relationship
• The roles each spouse played during the marriage or relationship
• The income and earning potential of each spouse
• The age and health of each spouse
• The needs of each spouse
• The standard of living during the marriage or relationship
• Any agreements made between the spouses

If you or your spouse is entitled to spousal support, the amount and duration of the support will depend on the specific circumstances of your case. In Alberta, there are no set formulas or guidelines for calculating spousal support, so it is important to work with a lawyer to determine what is fair and reasonable in your case.

It is important to note that spousal support is not a punishment or a reward. Its purpose is to help the lower-earning spouse maintain their standard of living after the divorce. If you are the higher-earning spouse, you should not view spousal support as a burden or an unfair obligation. Instead, you should approach it as a way to help your former spouse get back on their feet after the divorce.

In conclusion, spousal support is an important issue to consider when getting a divorce in Alberta. Whether or not you or your spouse will be entitled to spousal support will depend on a variety of factors, and the amount and duration of the support will depend on the specific circumstances of your case. If you are considering getting a divorce in Alberta, it is important to work with a lawyer to ensure that your rights are protected and that you receive a fair and reasonable settlement.

Conclusion

In conclusion, getting a divorce without your spouse’s consent in Alberta is possible, but it can be a complicated and lengthy process. The first step is to attempt to notify your spouse formally about the proceedings. If you cannot locate your spouse, you can still file for divorce, but it may take longer.

It is important to note that there are specific grounds for getting a divorce in Canada, including adultery, cruelty, and separation for at least one year. If you can prove one of these grounds, a judge may grant you a divorce even if your spouse does not consent.

It is also important to understand that property division in Alberta is based on “equitable distribution,” which means it may not be a 50/50 split. Spouses may agree on an asset split that is not equal, and most divorce cases end up in court.

If you are considering getting a divorce without your spouse’s consent in Alberta, it is recommended that you seek the advice of a family law lawyer. Kurie Moore Law Group is a family law firm located in Sherwood Park, Alberta. We specialize in guiding married and common-law couples through the details of ending a relationship, including divorce.

If you are going through a family law case in Alberta, you may be facing common issues such as property division, spousal support, and child support. These issues can be complicated and emotionally charged, making it crucial to have a clear understanding of your rights and obligations under the law.

When it comes to property division, Alberta law sets out specific rules for dividing property between married couples and unmarried partners. Recent changes to the law mean that unmarried partners now have clearer guidelines for dividing property if their relationship breaks down. However, disputes can still arise, especially when it comes to dividing complex assets such as businesses or pensions.

Spousal support is another common issue in family law cases. This type of support aims to help even out the financial disparity between partners after separation or divorce. The amount and duration of spousal support can vary widely depending on factors such as the length of the relationship, each partner’s income, and their ability to earn income in the future. Child support is also a crucial issue, as it ensures that children’s basic needs are met after their parents separate or divorce.

Property Division

In Alberta, family law cases often involve the complex issue of property division. The Family Property Act and the Adult Interdependent Relationships Act are the two primary pieces of legislation that govern property division for married and unmarried couples, respectively.

The Family Property Act applies to married couples and outlines the process for dividing property equitably between spouses. Typically, an equal division of property is sought, but there are circumstances in which an unequal division may be deemed more fair. Property subject to division can include real estate, personal property, and even debts.

On the other hand, the Adult Interdependent Relationships Act pertains to unmarried couples who have either lived together for a minimum of three years or have entered into an adult interdependent partner agreement. This act also governs the division of property in these relationships, ensuring that both parties are treated fairly.

It is important to recognize that there are specific exemptions from property division under both acts. These exemptions may include property owned by one spouse before the relationship, gifts received from third parties, and life insurance policy proceeds. These exemptions aim to protect certain assets from being unfairly divided.

Property division in family law cases can be particularly challenging and contentious when significant assets are involved. Given the intricacies of the legal process and the potential for disputes, it is highly recommended that individuals seek the guidance of a family lawyer. A knowledgeable attorney can help protect your rights and ensure that the division of property is carried out in a fair and equitable manner.

Spousal Support

If you are going through a divorce or separation in Alberta, you may be wondering about spousal support. Spousal support is financial assistance paid by one spouse to the other after the breakdown of a marriage or common-law relationship. The purpose of spousal support is to help the recipient spouse become financially self-sufficient. In Alberta, spousal support is calculated based on a number of factors, including but not limited to:

• The financial means and needs of both spouses
• The length of the marriage
• The roles of each spouse during their marriage
• The effect of those roles and the breakdown of the marriage on both spouses’ current financial positions

When determining spousal support, the Court will first look to the objectives of a support order serving, as set out in section 15.2 (6) of the Divorce Act, including:

• Relief of Economic Hardship Arising from the Breakdown of the Marriage
• Promotion of the Economic Self-Sufficiency of the Spouses
• Conditions, Means, and Needs of the Spouses

It is important to note that spousal support is not automatic and is not guaranteed in every case. The amount and duration of spousal support will depend on the specific circumstances of each case. If you are seeking spousal support or if you are being asked to pay spousal support, it is important to consult with a family law lawyer who can advise you on your rights and obligations.

Child Support

Child support is an important issue in family law cases involving children. The amount of child support that must be paid by one parent to the other is determined by the Child Support Guidelines, which are based on the income of the paying parent and the number of children involved.

The Guidelines provide a formula for calculating the amount of child support that must be paid, and this formula takes into account the income of the paying parent, the number of children involved, and the province in which the paying parent resides.

If parents have more than one child and each parent has at least one child for at least 60% of their time, this is known as “split custody.” In this case, the amount of child support that must be paid is calculated separately for each child, and the paying parent may end up paying child support to the other parent.

Finally, “shared custody” applies when a child spends at least 40% of their time with each parent. In this case, the amount of child support that must be paid is reduced to reflect the fact that the child spends a significant amount of time with each parent.

It is important to note that child support is the right of the child, not the parent, and therefore cannot be waived or negotiated away by the parents. The amount of child support that must be paid can only be changed if there is a significant change in the income of the paying parent or the needs of the child. If you are the parent who is paying child support, it is important to keep accurate records of your income and expenses so that you can demonstrate any changes in your financial circumstances that may affect the amount of child support that you are required to pay.

How We Can Help

If you are facing a family law matter in Alberta, it is important to have a knowledgeable and experienced lawyer on your side. The Kurie Moore Law Group based in Sherwood Park can provide you with the legal guidance and representation you need to navigate the complexities of family law.

Our team of family law experts can assist you with a variety of legal issues, including property division, spousal support, and child support. We understand that these matters can be emotionally charged and stressful, which is why we strive to provide compassionate and personalized legal services to our clients.

At Kurie Moore Law Group, we believe in taking a collaborative and proactive approach to family law cases. We work closely with our clients to understand their unique needs and goals, and we develop customized legal strategies to achieve the best possible outcome for them.

Whether you are going through a divorce, separating from your partner, or dealing with other family law issues, we are here to help. Contact us today to schedule a consultation and learn more about how we can assist you with your family law matter.