Alberta Divorce Guide, Part 1: Understanding the Divorce Process

This is the first installment of an eight-part series designed to provide a comprehensive overview of the divorce process in Alberta. This series will delve into the fundamental aspects of divorce, offering valuable insights for individuals navigating this complex legal landscape. By understanding the various stages of divorce, including the grounds for divorce, the separation requirement, and the key considerations when initiating divorce proceedings, you can better prepare yourself for this significant life transition.

In this first installment, we will explore the grounds for divorce in Alberta, including adultery, cruelty, and separation. We will also discuss the separation requirement and its implications for the divorce process. By solidly understanding these foundational concepts, you will be well-equipped to make informed decisions about your divorce process.

Overview of Divorce Law in Alberta

Divorce law in Alberta is governed primarily by the Divorce Act, a federal statute that outlines the legal framework for divorce proceedings in the province. However, other relevant acts, such as Alberta’s Family Law Act and the Family Property Act, also play a significant role in the divorce process.

Federal Divorce Laws: The Divorce Act

The Divorce Act is one of the primary sources of divorce law in Alberta. It provides the grounds for divorce, sets out the procedures for obtaining it, and addresses issues such as property division, decision-making responsibility (child custody), and spousal support.

Divorce Laws in Alberta: The Family Law Act and Family Property Act

The Family Law Act provides additional guidance on matters such as child custody, parenting time, and access to children. It also addresses issues related to spousal support and property division.

The Family Property Act governs the division of property between spouses upon divorce. It sets out the principles the court must follow when dividing property, such as equitable distribution.

Grounds for Divorce in Alberta

There are three grounds for divorce in Alberta. However, the most commonly used one is separation (i.e., living separate and apart for at least one year). The other two, adultery and cruelty, can heighten conflict and require detailed evidence of a spouse’s mistreatment.

1. Adultery: This occurs when one spouse has sexual relations with someone outside of the marriage. Evidence of adultery can include admissions, eyewitness accounts, or physical evidence.
2. Cruelty: This involves a pattern of abusive behaviour, either physical, emotional, or psychological, that makes it intolerable for the other spouse to continue living in the marriage. Cruelty can include acts such as physical violence, verbal abuse, financial control, or emotional neglect.
3. Separation: This occurs when the spouses have lived separate and apart for a continuous period of at least one year. Separation means the spouses are not living together as a married couple, even if they still reside in the same home.

Separation: a Divorce Prerequisite

In the absence of adultery or cruelty, to obtain a divorce in Alberta, spouses must have lived separate and apart for a continuous period of at least one year. This means they are not living together as a married couple, even if they still reside in the same home.

To establish separation, you may need to provide evidence such as:

• Separate residences: Maintaining separate homes can be strong evidence of separation.
• Separate finances: If you and your spouse have separate bank accounts, credit cards, and other financial arrangements, this can also be evidence of separation.
• Separate activities: If you and your spouse are not participating in joint activities, such as meals, outings, or vacations, this can be additional evidence of separation.

It is important to note that the separation period may be interrupted if spouses appear to reconcile. This means that the one-year period of separation will need to start again from the date of the last separation.

The Importance of the Separation Requirement

The separation requirement serves several purposes. First, it allows couples time to adjust to the idea of separation and to make arrangements for child custody, property division, and spousal support. Second, it can help to prevent impulsive or hasty decisions about divorce. Third, it can provide couples with an opportunity to reconcile their differences and avoid the emotional and financial costs of divorce.

Separation Agreements

A separation agreement can be a valuable tool for spouses who are separating. It is a legal contract that outlines the terms of the separation, including property division, child custody, and spousal support. By creating a separation agreement, spouses can clearly understand their rights and responsibilities, avoid future disputes, and expedite the divorce process.

A separation agreement can be particularly beneficial for couples who can reach an amicable agreement on these matters without court intervention. It can also provide a degree of certainty and stability during a time of uncertainty.

When creating a separation agreement, it is essential to consult with a lawyer to ensure that the agreement is legally sound and protects your interests. A lawyer can also help you negotiate the terms of the contract and ensure that it is fair and equitable.

Up Next – Understanding the Divorce Process in Alberta: Part 2

In Part 2 of this series, we will explore the practical steps involved in preparing for divorce. These steps include gathering necessary documents, consulting with a lawyer, and exploring alternative dispute resolution options. By understanding these preparatory steps, you can approach the divorce process more confidently and clearly.

A basic understanding of divorce law in Alberta is essential for individuals contemplating this significant life transition. By familiarizing yourself with the grounds for divorce, the separation requirement, and the legal framework governing divorce, you can make informed decisions and navigate the process more confidently and clearly. Understanding these foundational principles will empower you to protect your rights, advocate for your best interests, and better position you to navigate the complexities of the divorce process.

Contact Mincher Koeman for Trusted Advice on Separation & Divorce in Calgary

At Mincher Koeman, we understand the emotion and stress involved in the divorce process. Our office is designed to be a comfortable, casual environment for clients and their families. We have a friendly, knowledgeable team of divorce lawyers and support staff who keep clients apprised of all critical developments in their cases and provide pragmatic legal solutions to their family matters. Our office even has a playroom for our clients’ children to use while their parent meets with their lawyer.

Mincher Koeman is committed to providing compassionate, exemplary client service in a wide range of family and divorce matters. With convenient locations in Calgary and Canmore, we assist clients across Alberta. To schedule a confidential consultation, please call 403-910-3000 or reach out online.