What will my divorce deal with?
A Divorce is a Court application to end your marriage. It can occur only after a couple has been legally married.
When you do not own property with your spouse, and you do not have children with them, the Divorce process is relatively simple. However, most often there are property, parenting, spousal support and child support issues that are dealt with during the divorce.
If you own property with your spouse, typical Divorce files also involve the division of that property. Callioux Law can assist you to ensure that your property is divided in a way that is both fair and legal. We will ensure that the agreements, orders, land title documents and bills of sale are all done correctly.
If you have children with your significant other, the Court will have to ensure there is a safe and secure parenting arrangement and that child support has been considered. Couples will also have to determine if spousal support is at issue. This involves determining if either party has an entitlement to spousal support, and if so, what amount of support is required and how long it should be paid.
All of these 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.
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In order to get divorced, breakdown of the marriage must be established.
Breakdown of the marriage can be established by any one of the following:
Adultery;
Cruelty;
Being separated for more than one year.
These are the only grounds for Divorce.
No matter which of the above grounds is used, no one has to wait a year to file for Divorce or to make applications at court. In fact, all matters can be decided by agreement or by the Court at any time after separation. If number 3 above is used as the ground for divorce (which is the most common), the court simply can’t finalize the Divorce before the year is up. Court applications can still be made immediately following separation if need be and issues can be settled, but the final Divorce Judgment cannot be granted before there has been one year of separation. However, in 1 and 2 above, the court can grant the Divorce Judgement before first year is up. Once a Divorce Judgment is granted, there is a 30 day appeal period, following which your certificate of Divorce is granted.
Being separated does not always mean living in separate residences. There are times when couples live separately while still cohabitating in the same residence. Living separate and apart in the same residence may satisfy term three.
Key points to consider when going through a divorce:
If there are children of the marriage, the court attempts to ensure that the children are adequately cared for and that any agreement made between the parties is in the children’s best interests;
If you have children under the age of 16, each party to the marriage must complete the parenting after separation course;
A divorce can proceed by agreement and the courts have a streamlined process for this purpose;
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.