Caring Red Deer Divorce Lawyers
If you decide to divorce in Red Deer, then you’ll be subject to the process established by the Divorce Act, which is the law of the land in the nation of Canada.
According to the Divorce Act, the only official reason why a divorce can be granted is marital breakdown. 3 factors can trigger marital breakdown:
- Adultery; or
Divorce and separation are challenging, but your rights must be defended. In truth, it’s often challenging to focus on moving ahead, and to make essential changes in your daily life during these hard times.
We pride ourselves on adhering to your instructions in our representation during your divorce. We’ll advocate for you and also prioritize your considerations concerning property division, child custody, something else relating to your case.
Whether in court or involved in negotiations outside court, our divorce team will provide you with candid advice and ensure that your interests are a priority before we take any major steps on your behalf.
We Can Assist You With Your Red Deer Divorce
Family law is often an emotionally intense, complex, and tumultuous period of one’s life. That is why it is important to work with the best family lawyers you can find.
The highly proficient lawyers at Kurie Law are devoted to serving your needs with skilled counsel in family law situations. Our legal staff is highly qualified in dealing with family law issues, including divorce and child support. Reach out to our law firm if you need assistance with any of these concerns.
Who Can Apply For A Divorce?
You can ask the courts to grant a divorce at any time, but you must meet the requirements before they will do so.
- Separated for One Year.
- You or your spouse must have previously been a resident of Alberta for at least a year before submitting your departure to the divorce court.
- You and your spouse must agree to the terms of the divorce. If you disagree, the divorce cannot proceed until all outstanding issues have been settled or you have a court order.
- If there are children, all issues regarding custody and support need to be settled between you and your partner.
- You and your partner have agreed as to the distribution of marital property. If you have not resolved property issues between the two of you, you will need to receive a trial order for orders regarding the assets.
- You will need your original Certificate of Marriage. If you were married in Alberta, it will need to be a copy from Vital Statistics. The ceremonial certificate you received on the day of your marriage will not be accepted by the provincial court’s divorce registry. You can obtain your Certificate of Marriage from VitalCertificates.ca if married in Canada or from USVitalRecords.org if married in the United States.
- If you were married outside of Canada or the United States, you need to apply for your original Certificate of Marriage or certified copy of the Marriage Registration from the equivalent of Vital Statistics in that country.
- If your Certificate of Marriage is not in English, you will need to have it translated. Each province has its own requirements for how the Certificate of Marriage is to be translated. Please contact us for more information.
Common Divorce Questions
A number of the most common questions that come up when thinking about getting divorced or separating from your spouse are:
- Can you get a divorce without the consent of your spouse?
- How long will the divorce process take?
- What will a divorce cost?
- When can I legally change my last name?
- Can you be separated and live in the same house?
- How do you get legally separated?
- My ex cheated on me, does that mean the court will take my side?
When leaving your common law partner, a number of common questions include:
- Do I have any rights to our property?
- Can I get spousal support?
- How long do you have to live together to be considered common-law?
- Do you have the same rights as a married couple?
- Can a common-law spouse take half of my assets?
Your marriage has reached the point where you have enough and decide that it’s time to put an end to it.
Divorces often have many issues to be resolved, including custody, property, child support, and visitation. Divorces will not be granted by the court unless you and your spouse have been separated for one year. However, you do not need to wait until the end of the year to settle your property, custody and support issues or file a divorce (the time to complete your divorce will be at least one year from the date of the separation).
There are two common types of divorce we often encounter: contested divorces and uncontested divorces.
What Is A Contested Divorce?
If you can’t come to terms about dividing property, child care, or support arrangements during a divorce, then you may have a contested divorce. In cases that are contested, the court usually will not grant the divorce until you have settled the all of the disputes between yourselves.
If you cannot agree, you may end up in a court to have a Justice listen to both sides of the case and decide on the decision for you. If you’re able to negotiate property, child care and support, you may submit an application to the Court for a divorce decree if you have been separated for a year.
What is An Uncontested Divorce?
If you have reached an agreement concerning child custody, property ownership, and financial deals, you can apply to the Court to grant a divorce without appearing in Court.
Once again you will need to wait for a one year period before asking for the Court to grant your divorce judgment. However, you can have a Minutes of Settlement, or agreement, in place prior to asking for the divorce that sets out the terms for your divorce.
After your divorce was approved, you will have to wait 31 days before the court provides you a Certificate of Divorce. They will not provide you with a certificate until the 32nd day.
You cannot remarry until you have a copy of the divorce certificate. If you want to be married outside of the province or country, you may need a court-certified copy to do so.
Contact a Caring Divorce Lawyer in Red Deer
Regardless of whether you are facing an uncontested or contested divorce, you want the services of a lawyer who specializes in divorce in Red Deer. The Kurie Law Group legal team is ready to represent you if you need legal assistance and have been issued divorce papers or are being granted a divorce. Contact us today for more information on how we can help.