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Divorce and Separation in Alberta
If you are Contemplating a Divorce or Separation in Alberta, it’s natural to wonder where to begin.
Understandably, you’re motivated to reduce both the cost and emotional strain resulting from the Divorce process. A Divorce Lawyer in Edmonton can help you protect your rights while creating a plan to make your separation as amicable as possible. Here is an outline of the basics of Divorce and Separation in Alberta.
What Are the Grounds for a Divorce in Alberta?
Under Canada’s Divorce Act, there are three Legally accepted grounds for Divorce:
You and your spouse have lived apart (the “period of separation”) for at least one year prior to the Divorce Judgment made by the Court.
One party must be able to prove that the other party has committed Adultery using either evidence or an affidavit signed by the Adulterous spouse.
Under Alberta Law, any Act of Physical or Mental cruelty is grounds for Divorce. This includes Violence, Verbal Abuse, Drunkenness and Excessive drug use.
In all Cases, Proof and Verification will need to be presented. If you are the Party Filing for Divorce, it’s important to have a Family Lawyer assist you with compiling evidence using Legal Means. While it may feel difficult to have to “Prove” allegations that you are making, handling this process correctly can ultimately get you on the path to healing much faster by ensuring that your petitions are accepted.
Contested and Uncontested Divorces in Alberta: Which One Is the Right Choice for You?
If you’re involved in an Amicable Separation, an Uncontested Divorce is an option that can typically save you time and money. When initiating an Uncontested Divorce, both parties must fully agree on all matters pertaining to the division of property, Spousal Support, Child Support payments and Child Custody. This is often referred to as a “Desk Divorce” because a judge is merely signing off on what you and your spouse have jointly agreed to in your Separation Agreement.
With a Contested Divorce, spouses disagree over all or some of the key points in a Separation Sgreement. As a result, both parties will need to file and respond to Court documents advocating for their positions. The Court will ultimately decide the terms of the Divorce. Contested Divorces tend to be much costlier and lengthier than Uncontested divorces. They can also take a much bigger emotional toll on the parties, especially when children are involved.
However, a Contested Divorce may simply be in the best interest of one or both parties if an agreement cannot be reached outside the Courtroom.
How Is Spousal Support Handled in Alberta?
The Purpose of Spousal Support is to compensate one party for any Financial decisions made during the course of a marriage. An example would be if one partner exited a career to help raise children. The payments can also be implemented to support the needs of a partner after a relationship has ended.
Lastly, Spousal Support can be ordered to uphold the terms of a prenuptial agreement. While some Spousal Support Agreements are set up to end on a specific date, others are permanent or indefinite. These orders can be reviewed when changes of circumstance like alterations to Income, Remarriage or a Disability Arise.
If you have questions or are experiencing Spousal Support Issues, Contact our Office and speak to one of our experienced Divorce Lawyers.
How Does Alberta Handle Separation for Common-Law Relationships?
Technically, Alberta does not have Common-Law Relationships. In Alberta, Common-Law Relationships are referred to as Adult interdependent relationships and are governed by the Adult Interdependent Relationships Act. The Family Law Act sets out legal provisions for a separation between parties in Adult interdependent relationships. While this designation typically only applies to couples who have been together continuously for three years, it can also apply to any couple with a child. The Family Property Act directs adult interdependent partners to handle the division of property and Assets the same way that Divorcing (Married) couples handle them. As each aspect of the separation of a Common-Law couple are governed by different legislation, it is best to consult with an Edmonton Family-Law Lawyer to assist with this type of separation.
Get All of Your Divorce Questions Answered by a Divorce Lawyer in Alberta
If you’ve recently been injured by someone else’s negligence or involved in a motor vehicle accident, contact our office online or by phone at (780) 489-5003 to set up a consultation with one of our personal injury lawyers today:
For experienced legal help with a divorce or separation in Alberta, contact KBL Law LLP. Our knowledgeable and compassionate divorce lawyers will work with you to finalize your divorce or separation and help provide you with a new path forward in your life.