Divorce

To have a divorce granted in Alberta there are three separate grounds for why a divorce can be granted under the Divorce Act, these include:

1. The parties have been separated for a minimum of one year;
2. Adultery; and
3. Mental and/or physical cruelty.

It should be noted that one does not need to have all three grounds for getting divorced, any one of the three can be solely present as the grounds for divorce.   

When dealing with the minimum one year of separation, it should be understood this refers to the conclusion of when the divorce application is granted, and as such one can seek a divorce before having separated for the full 12 months. 

There are further requirements that are important to consider in the granting of a divorce, including the residence of the parties, as one needs to file in the province where one or both parties are resident.

There is also foundational information that needs to be known and included in materials when filing for divorce.    With this information one or both parties can file a Statement of Claim for Divorce.     This Statement of Claim for Divorce can proceed with or without the inclusion of division of family property.    

There are many different forms of relief under the umbrella of a divorce proceeding. As such, it important that you understand the difference in the various divorce statement of claims that could be filed, and what additional relief is being requested as part of these claims.

It is important that parties fully understand the divorce process at the initiating stage, as individuals may be very frustrated when they encounter issues caused by incorrect filing of materials. 

There are also required steps to be completed prior to the granting of a divorce, including the completion of the online parenting after separation course (PAS), in most cases the completion of financial disclosure exchanged between parties, and when in disagreement, the completion of alternative dispute resolution (ADR).  

If you are proceeding with a divorce, you can contact our office to move matters forward, so you are not unnecessarily delayed in having your divorce granted.  To do so, please reach out to discuss this matter by contacting our office for a free consultation by calling our office at 1-866-278-4187, or emailing info@familycentrallaw.com, or by clicking on our consultation page. 

• For any and all Family Law concerns look no further as you've found the best there is! Go see Nicholas Van Duyvenbode and his team. Highly recommended to friends and family.
  - G. Van Vlack