Things to Do Before Filing for Divorce in Alberta

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.

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