Going through a divorce can be overwhelming, especially when you’re unsure what to expect. Between legal paperwork, financial decisions, and parenting arrangements, there are several steps to navigate before your marriage can officially end.
Understanding the divorce process in Calgary can help you prepare for what lies ahead and make informed decisions about your future.
This guide explains the divorce process in Alberta, from filing the initial paperwork to receiving your final Divorce Judgment.
Divorce Proceedings in Alberta: What You Need to Know
In Alberta, the federal Divorce Act governs divorce, and the Court of King’s Bench handles it.
To file for divorce in Alberta, you or your spouse must generally have been habitually resident in the province for at least one year immediately before starting the proceedings.
The process involves establishing grounds for divorce, filing court documents, notifying your spouse, and resolving outstanding family law matters.
The time required depends on your circumstances, including how much you and your spouse agree on issues such as parenting, support, and property division.
Grounds for Divorce in Alberta
Under Canada’s Divorce Act, the legal ground for divorce is marriage breakdown, which can be established in three ways:
- One-year separation: You and your spouse have lived separate and apart for at least one year.
- Adultery: Your spouse has committed adultery during the marriage.
- Physical or mental cruelty: Your spouse has treated you with cruelty that makes continuing to live together intolerable.
Most divorces in Alberta are based on one-year separation because neither spouse needs to prove wrongdoing.
Divorces based on adultery or cruelty require additional evidence and may involve more complicated proceedings.
Separation and the One-Year Requirement
If you’re applying for divorce based on separation, you must generally have been separated for at least one year before the court grants your divorce.
However, you don’t need to wait until the year is over to begin the divorce process.
You may also be considered separated while living under the same roof, as long as your relationship has ended and you’re living separate lives.
The Divorce Act also allows couples to attempt reconciliation for one or more periods, totalling no more than 90 days, without necessarily restarting the separation period.
Keeping a clear record of your separation date can help prevent disputes later.
Starting the Divorce: Filing a Statement of Claim
The divorce process in Calgary formally begins when one spouse files a Statement of Claim for Divorce with the Court of King’s Bench.
This document identifies the spouses, states the grounds for divorce, and outlines any additional claims.
Depending on your circumstances, these may include parenting arrangements, child support, spousal support, or property division. If a property claim is combined with the divorce claim, a Statement of Claim for Divorce and Division of Family Property is used, subject to the applicable rules.
You’ll generally need your marriage certificate and other supporting information to complete the paperwork.
Filing the correct documents from the beginning can help prevent unnecessary delays.
Serving Divorce Documents on Your Spouse
After filing your Statement of Claim, you must generally arrange for your spouse to be formally served with the divorce documents.
This ensures they receive notice of the proceedings and have an opportunity to respond.
If your spouse is served in Alberta, they generally have 20 days to respond. Longer deadlines apply when they’re served elsewhere in Canada or outside the country.
You generally cannot serve the documents yourself, and you must provide proof of service to the court.
If your spouse doesn’t respond within the required timeframe, you may be able to proceed with an uncontested divorce.
Contested vs. Uncontested Divorce
The divorce process can take different paths depending on how much you and your spouse agree.
- Uncontested divorce: Your spouse does not oppose the divorce, and you can address the necessary legal requirements without a trial. These divorces are often completed through written court documents.
- Contested divorce: You and your spouse disagree on one or more issues, such as parenting arrangements, financial support, or property division.
Contested divorces may require additional negotiation, mediation, court applications, or a trial.
Reaching agreements outside of court can help reduce conflict, legal expenses, and the time needed to resolve outstanding matters.
Resolving Parenting, Child Support and Spousal Support
If you have children, parenting arrangements and financial support are important parts of the divorce process.
Parents must consider parenting time, decision-making responsibilities, and how they’ll continue meeting their children’s needs after separation.
Child support is generally determined using applicable child support guidelines. Spousal support depends on several factors, including income, financial circumstances, and the length of the relationship.
Before granting a divorce, the court must be satisfied that reasonable arrangements have been made to support any children of the marriage.
These matters can often be addressed through negotiation or mediation.
Dividing Family Property and Financial Disclosure
Dividing property and debts is another key consideration in a divorce.
Alberta’s Family Property Act governs how family property is divided, including assets acquired during marriage and certain other property.
Financial disclosure is an important part of reaching informed agreements.
Both spouses may need to provide documents such as:
- Bank and investment statements
- Mortgage and property records
- Income tax returns and pay statements
- Pension and retirement account information
- Loan and credit card statements
Complete financial disclosure helps establish what property and debts exist and supports discussions about an appropriate division.
Applying for the Final Divorce Order
Once you meet the legal requirements, you can take the steps to request a Divorce Judgment.
For an uncontested divorce, this generally involves submitting a Request for Divorce, an affidavit, and a proposed Divorce Judgment.
A judge reviews the documents to confirm you have met the requirements under the Divorce Act.
If the documents are incomplete or the court needs additional information, it may request corrections before granting the divorce.
Contested matters may require further proceedings before the court can issue a judgment.
The court may permit the divorce to proceed separately from unresolved parenting, spousal support or property claims. However, it must still be satisfied that reasonable arrangements have been made for the support of any children of the marriage, having regard to the applicable child support guidelines
When Does a Divorce Become Final?
In most cases, a divorce becomes legally effective 31 days after the Divorce Judgment is granted, provided no appeal or other applicable exception affects that date.
Once your divorce takes effect, you can request a Certificate of Divorce as official proof that your marriage has ended.
The overall timeline varies depending on court processing times, the complexity of your circumstances, and any unresolved disputes.
Get Help With the Divorce Process From Mincher Koeman Law Chambers
Understanding the divorce process in Calgary is an important first step, but every family’s circumstances are different.
At Mincher Koeman Law Chambers, our family lawyers help clients navigate divorce and separation, understand their legal rights, and address important decisions involving parenting, support, and property division.
Mincher Koeman Law Chambers provides guidance throughout the divorce process, helping you understand your options and make informed decisions about your family’s future. Book an appointment with our team to learn how we can assist you.
