WE COMPLETE THE ENTIRE PROCESS FOR YOU. FROM THE BEGINNING TO END.
A simple divorce, where all parties agree on everything, can take between three and five months from beginning to end. A contested divorce can longer.
Under the federal Divorce Act, RSC 1985, c 3 (2nd Supp) to get divorced in Alberta, you must have lived in the province for a year before starting your divorce action, no matter where you got married. If you have children, you should file your divorce action in the jurisdiction where your children live.
There are several steps to a divorce proceeding:
- The Plaintiff (the spouse seeking the divorce) files a Statement of Claim for Divorce or a Statement of Claim for Divorce and Division of Matrimonial Property.
- The Statement of Claim is personally delivered to the Defendant (the other spouse) by somebody who is not the Plaintiff and at least 18 years of age.
- The Defendant has 20 days to dispute the Statement of Claim.
- The Plaintiff files the Divorce documents.
- A Justice of the Court of Queen’s Bench of Alberta examines the documents and evidence and signs the Divorce Judgment.
- Copies are mailed to both the Plaintiff and Defendant.
- 31 days after the Divorce Judgment has been signed, the parties can request a Certificate of Divorce.
There may be hurdles at any stage. For example, if you were married outside of Canada, it may be difficult to provide proof that your marriage was valid where you got married. There may be delays if your spouse lives outside of the province or jurisdiction, or cannot be found. There may be problems finding the documents needed. There may be difficulties if your spouse chooses to dispute the Statement of Claim, or if there are attempts at reconciliation during the process. GDE FAMILY LAW is here for you throughout the entire process.
GDE FAMILY LAW can help make the process go smoothly. Our Calgary Divorce and Separation Lawyers will help you work through any difficulties that arise, help you find documents or make other arrangements when they cannot be found. We will also help you to understand the process and know what you need to do to keep it moving forward.
Contact GDE FAMILY LAW to set up your half-hour consultation. We can answer your questions and help ensure that your divorce is filed as quickly and efficiently as possible.