Divorce
Breakdown of a Marriage
In order to get divorced, breakdown of the marriage must be established. The breakdown can be established by any of the following:
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Separation for more than one year
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Adultery or
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Cruelty
These are the only grounds for divorce in Canada.
No matter which of the above grounds is used, you do not have to wait a year to initiate your divorce or bring applications for parenting, child support, or spousal support. In fact, all matters can be decided by agreement or by the courts at any time after separation.
If one year of separation is used as the ground for divorce (which is the most common), it simply means that the Court cannot issue a final Divorce Judgment before the year is up; but it does not stop you from immediately seeking agreements, a process to resolve issues, or orders (when necessary).
Once a Divorce Judgment is granted, there is a 30 day appeal period, following which the certificate of Divorce is granted.
Being separated does not always mean living in separate residences. There are various reasons a couple who is separated might live together for a period following separation. You can review your circumstances with us if you have any questions about the time of separation and what impacts this may have on your case.
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If there are children of the marriage, our Court attempts to ensure the children are adequately cared for and that any agreement made between the parties is in the children's best interests;
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If you have children under the age of 16, each party to the marriage must complete the parenting after separation course;
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A divorce can proceed by agreement and the Court has a streamlined process for this purpose;
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If you have been served with a Statement of Claim for Divorce and you live within Alberta, you have 20 days to respond with a Statement of Defence or a counter claim. You are well advised to consult counsel as soon as you are served.
The division of assets in the Divorce context is governed by the Family Property Act (formerly the Matrimonial Property Act).
After your relationship breaks down, you often have property that needs to be divided. This means determining what property you will keep, what property your spouse will keep, how to address any unequal division of assets, and if any property is exempt from division.
If you were married, you are generally entitled to one half of the property that was acquired during the marriage, and one half of the increase in value of an asset brought into the marriage. This may include bank accounts, pensions, houses, vehicles and any other possessions. This may also include equally dividing debts.
However, sometimes exceptions apply and legal advice is important to ensure that all property is known and it is divided fairly.
If the divorcing couple has minor children, they will need to decide (or be directed) as to when each parent will spend time with their children, and how decision-making responsibilities will be designated. These day-to-day decisions include the children’s health, education, culture, language, religion and spirituality, and significant extra-curricular activities.
There may be circumstances where the divorcing couple are not the biological parents of the children, requiring a legal evaluation of whether or not the children are children of the marriage.
Parenting and decision-making for divorcing couples is governed by both the Divorce Act and the Family Law Act.
Both parents have the following obligations:
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Exercise their parenting time and decision making responsibilities in a manner that is consistent with the best interests of the children;
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Protect the children of the marriage from conflict arising from the proceedings, to the best of their ability;
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To try to resolve matters through a family dispute resolution process wherever possible;
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To provide complete, accurate and up-to-date information, if required under the Divorce Act; and
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To comply with any Court order until it is no longer in effect.
Parenting schedules can be created to adapt to your family. The most common approaches are shared parenting (close to or equal time with each parent), or primary parenting with one parent and specified parenting time for the other parent.
More information below:
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Divorce
A divorce is a court application to end your marriage.
We can help navigate this process with you, whether it is relatively simple or whether you have complex questions about custody, support, and property.
Most often there are property, parenting, spousal support, and child support issues that must be dealt with during the divorce.
If you own property with your spouse, a typical divorce will involve division of that property.
Callioux Law can assist you to ensure your property is divided in a way that is both fair, legal, and enforceable. We will ensure the agreements, orders, land title documents, and bills of sale are all done correctly.
If you have children with your former significant other, the Court will ensure there is a reasonable and secure parenting arrangement and that child support has been properly addressed before your divorce can be made final.
There will also need to be a determination of spousal support. This involves evaluating if either spouse is legally entitled to spousal support, and if so, what amount and for how long it is paid.
All areas can be complex. They often involve the most personal and most important parts of your life.
It is common for people to experience many emotions, including confusion, anger, fear, grief, and relief. We can help guide you through this process with skill and experience to ensure your rights, your property and your family are protected.