Divorce in Alberta, CA, can take three forms. It can be contested, uncontested, or joint divorce. The three types of divorce are different, but all effectively end a marriage. Most couples are unaware of the option of joint divorce, the least acrimonious of the three. At Verhaeghe Law Office, we encourage you to be aware of all of your options for ending your time with your spouse. For legal guidance throughout the divorce process, call one of our expert lawyers at
587-410-2500.
Grounds for Divorce
Under the federal Divorce Act, a divorce will only be granted on the grounds that there has been a breakdown of the marriage, meaning the spouses have lived separate and apart for at least one year before beginning divorce proceedings, one spouse has committed adultery, or one spouse has treated the other with physical or mental cruelty.
Three Types of Divorce
Contested Divorce
In a contested divorce, the spouses disagree on some or all aspects of the divorce. The dispute may include the actual divorce, division of assets, custody, or support. In a contested divorce, both parties must retain lawyers and file the appropriate documentation to the court. This type of divorce generally takes longer than the others due to court proceedings. Both parties are encouraged to settle prior to trial, but if a settlement is not reached, a judge will make decisions on the issues in dispute and grant the divorce. The divorce is final 31 days after it is granted.
Uncontested Divorce
An uncontested divorce is one in which the spouses agree on the issues associated with the divorce. There is no formal filing for an uncontested divorce, rather one party files for divorce and the other does not Answer within the allotted 30 days after being served. Failure to file an Answer makes the divorce uncontested. The applicant then files an Affidavit of Service, swearing that the other party was served with the appropriate divorce application forms, an Affidavit for Divorce, and any other materials associated with the proceedings. A judge will grant the divorce, which will be final in 31 days.
Joint Divorce
A joint divorce is the most amicable form of divorce. To use a joint divorce process, at least one of the parties must have been a resident of the Province of Alberta for one year prior to filing the Joint Statement of Claim for Divorce, and the basis for the divorce is only the breakdown of the marriage by living separately for one year. Cruelty or infidelity cannot be used as grounds for a joint divorce even if both parties agree on all matters regarding the separation. In joint divorce, neither spouse is suing the other for divorce. Both parties apply for a divorce together and sign the Notice of Family Claim. The spouses cooperate and work together during the process of the division of assets, custody, access, and other matters. This is the case in which the divorce process is the fastest and both parties are equally empowered in decisions.
Filing for Divorce
Divorce is an emotional process for all parties. Even in joint divorce circumstances, it is important to have legal representation to ensure the division of marital assets, child custody arrangements, access to the children, support, and all other items are fair and equitable. The lawyers at Verhaeghe Law Office are experienced and knowledgeable in all areas of family law, including divorce. Call 587-410-2500 to set up a consultation today.
