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.