How To Obtain A Divorce In Alberta

Marriages may be made in heaven but breaking them is nothing short of hell. In this case, hell is the place where you decide to separate from your spouse. According to a report by Statistics Canada, there were nearly 8,075 cases of divorce filed in Alberta and the divorce rate since has only been increasing. These statistics are representative of the volatility of marriage as an institution these days. Hence, if you have made up your mind to take the plunge and legally separate from your spouse for your betterment, then you need to know how to get a divorce in Alberta. Let’s discuss the steps involved in obtaining a divorce in the province:

Legal Grounds

As per the family law which provides the provisions for divorce and separation, there are three legal grounds based on which you can get a divorce in Alberta:

1. Separation
2. Adultery
3. Cruelty

Before you File for Divorce

A divorce entails legal separation between you and your spouse. So, make sure you are ready for this. Review the grounds for divorce before you consult a lawyer or file an application. If you have dependent children, then it is advisable you review the Alberta Divorce Guides prepared by Resolution Services - Alberta Justice and Solicitor General.

To get a divorce in Alberta, you need to obtain a ‘corollary relief’. It is the custody, access and support needed for bringing up your children. So, if your divorce is uncontested, then you need to be sure that your spouse won’t disagree with what you are asking for. Also, you will need to take up the parenting after separation course.

Documents Needed

While seeking a divorce, you will need the following documents:

1. Your marriage certificate
2. Written agreement on custody, support and access by your spouse
3. A photo of your spouse

Statement of Claim for Divorce

The first step towards getting a divorce in Alberta is by completing your statement of claim for divorce. This is the court form that starts your divorce and tells the court and your spouse about what you want. Once you complete the form, file the statement of claim with the court of Queen’s Bench and pay the filing fee. You then have to make sure that the statement of claim is sent to your spouse. The next step is to wait for your spouse’s reply on the statement of claim.

File the Additional Forms

Once you receive the response from your spouse, you can then accordingly file the remaining set of forms which include the Desk Divorce Package.

Receive your Judgment

If your application for divorce is approved by the court, then the court will sign your Divorce Judgement Form. This will be emailed to you and your spouse. You can then apply for a certificate of divorce after 31 days.

Going through the complex legal process of filing for divorce can be difficult for anyone. It is therefore advisable that you consult a divorce lawyer for assistance.