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How Long Does It Take To Get A Divorce In Alberta?

How Long Does It Take to Get a Divorce in Alberta?

Timeline for Divorce

There are many factors that can impact length of time it takes to process a divorce. Following is an approximate timeline of steps in a Divorce / Family Property Action, broken down by length of time after commencement. Every divorce case is unique, so it is best to consult with your divorce lawyer or our team for specific details as it may relate to your divorce or separation.

1 Month

  • Initial consultation and instructions
  • Conduct research / fact investigation
  • Preliminary assessment of case: Risk, Cost, Result
  • Instructions for preparation of pleadings

2 Months

  • Preparation of pleadings
  • Draft Initial Statement of Claim for Divorce
  • Prepare and exchange Notice to Disclose (Settlement?)
  • File with clerk of the court and serve the other party
  • Draft and answer, Statement of Defence and counterclaim
  • File with clerk of the court and serve opposing counsel
  • Receive answer, Statement of Defence to counterclaim

4 Months

  • Respond to Notice to Disclose received from opposing counsel
  • Explore settlement
  • Issue settlement offer
  • Settlement meeting
  • Mediation

8 Months

  • Questioning
  • Undertaking response
  • Questions on undertakings
  • Prepare and exchange notices to produce
  • Review documents and prepare affidavit of documents
  • Exchange affidavit of documents and inspect opposing party’s documents

10 Months

  • Review/assess case, further research, fact investigation as required (Settlement?)

 13 Months

  • Further Examination for Discovery, if required

15 Months

  • Receive and review transcripts
  • In depth file review, case assessments, determination to proceed to trial
  • Comply with rule 218.1 (expert report)
  • Settlement?

16 to 17 Months

  • Set down for trial, file Certificate of Readiness & Pleadings

18 to 24 Months

  • Prepare for trial, evidence to be presented, witnesses, final research and fact investigation
  • Brief client and witnesses
  • Trial (up to 3 days)

16 to 36 Months

  • Trial (longer than 3 days)
  • Judgement
  • Prepare and file formal judgment

 25 to 37 Months

  • Serve judgment on opposing lawyer

As you can see, divorce can be a lengthy, complex process, which is why it is critical that you work with a professional, experienced team to represent you during your divorce.

Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.