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Divorce & Separation

Family Lawyers for Divorce & Separation

Our family lawyers help you obtain a clear resolution in divorce and separation with supportive legal guidance.

Even in the most amicable of situations, divorce is a complex undertaking with negotiations surrounding spousal support, property division, child support, and decision-making responsibilities. The process is time-consuming and requires an acute understanding of court procedural rules. Our lawyers provide the support and guidance necessary to finalize divorce, separation, and all related matters.

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What’s the difference between divorce and separation?

In a separation, a couple is still legally married while living separate and apart, allowing for independent lives without dissolving the marriage, whereas a divorce legally terminates the marriage.

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Solutions for Every Divorce

Our lawyers can provide support and advice to meet your unique divorce needs, no matter how complex. We’re experienced in:

  • Guiding amicable separations towards efficient and respectful resolutions.
  • Providing skilled navigation through complex asset division and high-net-worth divorce cases.
  • Offering experienced support in sensitive matters involving children and parenting arrangements.
  • Representing clients in contested divorces, advocating for their interests with strategic and dedicated legal counsel.

Navigating complex assets in high-net-worth divorce

Dissolving a marriage with significant wealth demands a strategic and insightful legal team. Our lawyers have the necessary skill and experience to navigate intricate financial landscapes, from business valuations to diverse investment portfolios, ensuring your financial interests are protected with diligence and discretion.

A streamlined path to amicable separation

When you and your spouse have reached mutual agreements on your own, our desk divorce service offers a simpler, more efficient way to formalize your divorce or separation. We handle the necessary legal steps, allowing you to move forward respectfully and cost-effectively.

Divorce & Separation
Frequently Asked Questions

What are the grounds for divorce in Alberta?

Under Alberta’s Divorce Act, a divorce can only be granted if there has been a breakdown of the marriage. Most often, this breakdown is established once the couple has lived separate and apart for at least one year. Less commonly, a divorce may be granted in less than a year on the basis of adultery or cruelty.

Most divorces do not require a trial and are resolved by negotiation between the parties or another form of alternative dispute resolution, such as family mediation or arbitration. A court hearing, such as an application/motion or trial, may be required when a couple is unable to resolve an outstanding issue through less formal means.

This is a common question that can be difficult to answer. No lawyer can control the duration of a divorce, as there are many factors that come into play, but the main ones are usually:

  • How quickly the spouses come to an agreement on key issues such as property division, child custody, child support, spousal support, visitation rights, alimony, etc.
  • Whether the divorce is contested or uncontested
  • Whether they are prepared to go through any form of mediation, arbitration, or collaboration
  • If the divorce goes to trial in court
  • Whether witnesses are required to testify or not
  • Until the judge signs the divorce order and your divorce certificate is issued, your divorce is not finalized. This can be as little as 8-12 weeks if things go smoothly, without interruption or many months (sometimes even years) if they do not go smoothly.

This is an area that can become quite complicated if the right guidance and support are not in place. Hiring trusted legal services can help you navigate this typically challenging chapter of your divorce. The marital property or assets are considered to be all the following:

  • Matrimonial home
  • Most land or real estate attained during a marriage (with some notable exceptions)
  • Any or all bank accounts
  • Any or all vehicles
  • Stocks, deposits, and bonds
  • Insurances
  • Recreational property
  • Pensions
  • The matrimonial property is distributed evenly between the two divorcing partners.

Any other property, such as items you owned before the marriage or received as a gift or inheritance from a third party, is not subject to division. However, any increase in value of that exempt property during the course of your marriage does need to be divided.

With longer marriages, this can get complicated as your lives are more intertwined from years of being together, and the experience of a seasoned divorce lawyer will be invaluable as you navigate this transition period into your next chapter.

No. You are deemed to be separated from your spouse when either of you parts ways from the other with the intention of living separately and apart. This means you can continue to live in the same house while having the intention of separating. This typically means that you and your spouse are no longer sharing a bed, living as roommates, and no longer engaging in romantic/sexual relations.

In order for a legal separation to take place, no official agreement is required.

To be divorced, your marriage must have broken down, and you need to have either:

  • Been separated for 12 months
  • Been treated with cruelty by your spouse, or been the victim of adultery
  • In the absence of cruelty or adultery, the court will have to be satisfied that you have lived apart for a period of at least 12 months. This usually means residing at separate addresses, but it is not a prerequisite (you can live apart at the same property).

Your divorce can proceed once the separation period is completed, but it will only be finalized when you receive the divorce certificate, according to the judge signing the court order.

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