Divorce is more than the legal end of a marriage. For many separating spouses, it also requires decisions about parenting, support, property and their financial futures.
At Verhaeghe Law, our Edmonton divorce lawyers help clients understand the divorce process and address the legal issues that may accompany the end of a marriage.
Contact us online or call (587) 410-2500 to arrange a consultation today. Our lawyers serve clients across Alberta.
Key Takeaways About Divorce Law In Alberta
- Divorce in Canada is governed by the federal Divorce Act.
- A breakdown of the marriage can be established through separation for at least one year, adultery or physical or mental cruelty as provided by the Act.
- A person does not necessarily have to wait one year after separating before starting a divorce proceeding, although the required separation period generally must have passed before a divorce is granted on that ground.
- Divorce does not automatically resolve parenting, child support, spousal support or property issues.
- Alberta divorce proceedings are handled through the Court of King’s Bench.
- Spouses who agree on the necessary issues may be able to proceed by way of an uncontested divorce.
What Are The Grounds For Divorce In Alberta?
Canada’s Divorce Act recognizes marriage breakdown as the basis for divorce.
Marriage breakdown can be established where:
- Spouses have lived separate and apart for at least one year immediately before the divorce is determined,
- Adultery has occurred, or
- Physical or mental cruelty have taken place in the circumstances described by the Act.
Separation is the ground used in many divorces.
Spouses may sometimes be considered separated even while residing in the same home. Whether that is the case depends on the facts and the nature of their relationship during that period.
What Issues Need To Be Resolved During A Divorce?
Obtaining a divorce judgment is only one part of many marital breakdowns.
Depending on the family, spouses may also need to resolve parenting arrangements, child support, spousal support, property division and responsibility for debts.
Working through these issues early can help determine whether the divorce may proceed as an uncontested divorce or whether some matters remain disputed.
Parenting After Separation or Divorce
Parents may need to determine both parenting time and decision-making responsibility prior to their divorce being finalized. These are terms now used under Canadian law to refer to what was formerly known as access and child custody.
Under the Divorce Act, courts making parenting orders consider only the child’s best interests and give primary consideration to the child’s physical, emotional, and psychological safety, security and well-being.
Created a detailed parenting plan can address schedules, holidays, transportation, communication and other major decisions. Our Edmonton divorce lawyers can help you and your spouse negotiate the specifics of your parenting plan prior to your divorce.
Determining Child Support After Divorce
Children have a legal right to financial support from their parents, regardless of whether their parents are still in a relationship.
Child-support calculations commonly begin with the applicable guidelines and support tables. There are both federal child support guidelines and Alberta-specific child support guidelines that must be taken into account.
Income, the number of children, parenting arrangements, and special or extraordinary expenses can affect the analysis.
Our Edmonton child support lawyers can help parents understand guideline income, base support and additional expenses.
Establishing Spousal Support During Divorce
Spousal support is a separate issue from child support.
The Divorce Act identifies objectives and factors relevant to spousal support. Courts and family-law professionals also commonly refer to the federal Spousal Support Advisory Guidelines as an advisory framework.
Our spousal support lawyers in Edmonton can assist with questions involving entitlement, amount, duration and changing existing support arrangements.
Dividing Net Family Property During the Divorce Process
When spouses decide to get divorced, everything owned does not automatically get divided.
Property division in Alberta typically requires:
- Identifying assets and debts
- Determining appropriate valuations
- Considering whether particular property receives exempt or distributable treatment under Alberta law.
Assets may include real estate, pensions, RRSPs, savings, investments, vehicles, private businesses, and more. Instead of dividing assets themselves, the value of all assets and debts held by each spouse is calculated and then a resulting equalization payment is determined.
To learn more about the property division process in Alberta, read our article.
Because limitation periods and valuation issues can arise, spouses should consider obtaining legal advice about their property rights from an experienced divorce lawyer in Edmonton.
Contested And Uncontested Divorce In Edmonton
An uncontested divorce generally refers to a proceeding in which the spouses are not asking the court to decide disputed divorce-related issues. This means that each party is able to agree to the terms of the divorce without the need for formal mediation, arbitration, or litigation.
Where substantial disagreements remain regarding parenting, support, or property, additional negotiation, alternative dispute resolution, or court applications may be required. This is generally referred to as a contested divorce.
Our Edmonton divorce lawyers can review what has already been resolved and what remains outstanding. Should you decide to file a contested divorce, our lawyers can provide independent legal advice, assist with mediation, or represent you in court.
Do We Have To Go To Court?
Not necessarily. Many spouses settle some or all of their issues through negotiation, mediation, or other forms of dispute resolution before they need to go to court. In such cases, the paperwork can be filed without engaging in any litigation.
Our Edmonton collaborative family lawyers can also discuss whether collaborative family law may be appropriate for your divorce process.
If an agreement cannot be reached, a court may need to determine the outstanding issues.
How Our Edmonton Divorce Lawyers Can Help
A divorce lawyer can help determine what needs to be resolved before the marriage is formally ended.
At Verhaeghe Law Office, we can assist with a variety of processes, including:
- Preparing and responding to divorce proceedings
- Arranging service of the divorce papers
- Addressing situations where a spouse will not respond
- Determining whether the matter can proceed as an uncontested divorce or whether a contested divorce is necessary
- Assist with negotiations involving parenting time, decision-making responsibility, child support, spousal support, property division, and financial disclosure.
Where a spouse is withholding information, we can identify disclosure that should be requested and use available legal procedures where voluntary disclosure is not provided.
Where parties have reached an agreement, we can help document the terms and determine what additional steps are required to obtain the divorce.
If you’re still experiencing issues determining the terms of your divorce, we can negotiate on the client’s behalf, participate in appropriate dispute-resolution processes, and bring or respond to court applications.
The goal is not simply to obtain the final divorce order. It is to help clients address the legal issues that will affect their lives after the marriage ends and pursue the best arrangement possible.
Frequently Asked Questions About Divorce In Edmonton
How Long Do I Have To Be Separated Before I Can Divorce?
Where separation is relied upon as the ground for divorce, spouses generally must have lived separate and apart for at least one year before the divorce can be granted on that basis. This year typically starts on the formal ‘separation date’.
Can I Start The Divorce Before The One-Year Separation Period Ends?
A proceeding may be started before the year has elapsed. Whether and when a divorce can ultimately be granted depends on the statutory requirements and circumstances.
Can We Be Separated While Living In The Same Home?
Potentially. Separation is determined by the reality of the relationship rather than simply whether spouses have different street addresses.
Do I Need My Spouse’s Permission To Get Divorced?
A spouse does not generally have a veto over a divorce if the legal requirements under the Divorce Act have been established. Disputes about related issues may, however, need to be resolved before the divorce is officially granted.
However, refusing to cooperate can make the process more complicated. If the other spouse actively avoids service or cannot reasonably be located, an application for another method of service may be appropriate in some circumstances.
If the spouse is served but does not respond, procedural options may be available to continue the matter without their participation, provided the relevant requirements are met.
Does Divorce Automatically Divide Our Property?
No. Property division is a separate legal issue governed primarily by provincial law. Although it is a part of the divorce process, it must be negotiated separately before a divorce order is finalized.
How Long Does A Divorce Take In Alberta?
There is no single timeline.
An uncontested divorce with complete documentation is generally more straightforward than a case involving disputed parenting, support, financial disclosure or property.
Court processing times and procedural requirements also affect timing.
What Happens To Child Support When We Divorce?
Reasonable arrangements for the support of children must be addressed. The Divorce Act directs the court to consider the applicable child-support guidelines when assessing those arrangements.
Contact An Edmonton Divorce Lawyer For Legal Help Today
If you are considering separation or divorce, understanding the legal and financial issues early can help you plan your next steps.
Contact Verhaeghe Law Office online or call (587) 410-2500 to arrange a consultation with an Edmonton divorce lawyer.
Please note, the information in this article does not constitute legal advice. It is intended as a general overview of an area of family law. For legal advice, please consult with a lawyer.