Alberta Divorce Basics
Divorces in Canada are governed by the Divorce Act (Canada). Each province sets up its own administration of the Act. Once the divorce has been filed, the clerk must order a "Clearance Certificate", which establishes that no other divorce has been filed anywhere in Canada under the same names as those of the parties to the current divorce. It takes between 6 and 12 weeks for the certificate to arrive back at the Court from Ottawa. No further steps, other than serving the Defendant, can take place until the certificate has been received by the Court.
Grounds for Divorce
There are three grounds for divorce contained in the Divorce Act (Canada) that can be used to get an alberta divorce. You must choose which one of the three you intend to rely on to obtain your divorce. Here are the three grounds:
By far the most common ground for uncontested alberta divorce is living separate and apart for one year. The other party has no defence to this ground unless they can prove to the satisfaction of the Court that you have not been separated for the required period. Once this fact is established then it is your right to get a divorce.
Two Types of Divorces in Alberta
Since the Alberta Rules of Court were updated in 2010 there are now two ways to obtain an Alberta divorce. The new joint divorce procedure was part of the Divorce Act (Canada) but there was no procedure in Alberta. You and your spouse can now file for divorce under either of the two procedures. The two procedures are:
There are pros and cons to both systems. We can advise you of how each path works and let you choose which one is appropriate in your situation.
If you want an Alberta Divorce you must file the documents in the appropriate location a Calgary divorce is filed at the new downtown Court centre located on the LRT line. If you want an Edmonton divrorce, then the documents must filed in the Court of Queen's Bench in Edmonton. The addresses to file either a Calgary divorce or an Edmonton divorce can be obtained by visiting Alberta Courts website. If you are seeking an Alberta divorce in other than Edmonton and Calgary, you can find the right Court location on the website.
Our company is founded on the basis that getting a divorce should not be so costly that either party will be ruined financially. We can help you throughout the process at very reasonable prices. Our basic price for an Alberta divorce is $1,200. Our prices includes the Court filing fee (currently $260) and all copying and mailing charges. GST must be added to the divorce price. The only extra cost will be to obtain a marriage certificate (if you do not have one). You must supply a photograph of your former spouse if it is a standard divorce. If you have children there is an additional charge of $300 to cover the cost of preparing the documents to determine child support amount based on information you supply. There are also additional charges if your spouse lives outside of Alberta or outside of Canada. Most divorces where one of the parties does not live in Canada will cost $1,800. If you are filing under the standard divorce path and we can serve your spouse by agreement, there is no charge for serving the documents. If you spouse is not co-operative then the cost to hire a process server is in addition to the standard fee.. There are also some situations that require extra work and we do charge additional fees to handle these situations. In most cases our standard fee will cover the cost unless there are some unusual circumstances. We will always give you the full cost of our services prior to starting the divorce so there are no surprises to you.
We offer all potential clients a FREE consultation by telephone or email. Please feel free to contact us with all of your Alberta divorce questions and we will advise you whether our services are suitable for your situation. In the event the matter is more complicated than we can handle, we provide you with a referral to a lawyer experienced with Alberta divorce law. We are here to help you while at the same time trying to reduce your costs to the lowest possible level.
Calgary office: (403) 560-8550 - Edmonton Office: (780) 761-1277
This website contains the opinions of the owner. Nothing contained within these pages is to be considered as legal advice as the owner is not a lawyer nor a member of the law society of Alberta. You are cautioned that this is general information only and may or may not a apply to your situation. If you need specific legal advice please retain a lawyer who can give you legal advice and protect your legal interests. All information contained herein is copyrighted by the webiste owner.