Divorce in Calgary

Getting divorced can be emotionally and financially challenging for all those involved. Hiring an experienced Calgary divorce lawyer will make the process easier, quicker and will make it more likely that the outcome is in the best interest of both parties.

Canada Divorce Act

In Canada, divorce is governed federally by the Divorce Act which dictacts when a marraige breakdown has occurred. According to the Divorce Act marraige breakdown has occurred if:

  • you and your spouse have lived “separate and apart” for one year
  • your spouse has committed adultery
  • your spouse has been physically or mentally cruel to you.

In Canada, most divorces are based on a year of separation which doesn’t mean living in different houses. You can be legal separated and still living in the same home, which often happens due to parenting or financial reasons.

The Divorce Process

Filing a Claim for Divorce

Your divorce process begins when one party files a Statement of Claim for Divorce. If you are filing for divorce in Alberta, at least one party must be a resident of Alberta. If neither party resides in Alberta, you will need to file for divorce in the jurisdiction where you or your spouse live. When the Statement of Claim is filed, you can also file for a division of matrimonial property, propose custody and parenting for any children of the marraige, and/or child support or spousal support. The filed claim is then served on the other spouse.

Receiving a Claim for Divorce

When the responding spouse receives the State of Claim for Divorce they may file a demand of notice if they agree with the claim. If they do not agree with the claim they may file a Statement of Defence. Alternately, the served partner can file a Counterclaim which introduces a separate proposal with respect to property, support or parenting, which would then be served on the other spouse.

Filing for a Certificate of Divorce

Once both parties have agreed on a settlement agreement in respect to property, parenting of children, and payment of child support or spousal support, they may apply for the divorce to be final. A Divorce Judgement is forwarded to the court and 30 days after the Divorce Judgement has been signed the parties may file for a Certification of Divorce.

When Can I Remarry After Divorce?

You cannot remarry until the Certificate of Divorce is obtained.

Getting divorced is an intricate process that is best navigated with the assistance of a specialize divorce lawyer. Contact RT Family Law today to help make your divorce as painless as efficient as possible.

I’m enjoying my new home, and am thankful that we moved quickly on this divorce. I think back to when he was asking for more lines of credit a year ago and you said to serve him. I fear I may have had nothing left if this had gone on for a longer time. Thank you, Diana, for your help and guidance on this messy situation. ...Read More

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