The divorce process
The breakdown of a marriage is often overwhelming and emotionally draining for those involved. The divorce process itself is different for all parties.
Depending on the situation, some couples work together to settle the outstanding matters. They can do this through alternative dispute resolutions such as a settlement meeting, mediation or negotiation. Other parties can resolve matters by both using separate divorce lawyers and going through the Court process. The length of time and methods used for each resolution and ultimately finalize a divorce, vary based on the different issues and choices the parties make.
If you have questions about your particular situation, please contact one of our divorce lawyers.
How a divorce lawyer can help
While the divorce process is different for all parties, most divorces start with each party obtaining legal counsel or agreeing to attend mediation or arbitration without divorce lawyers. In most cases, a file begins with an exchange of basic financial information or disclosure.
A large part of the divorce process is gathering financial information about each party, to ensure that the divorce process is fair. The disclosure process is to meant to provide an overall picture of the income, real and personal property of the parties so that issues regarding support and division of assets and liabilities can be resolved, this is where divorce lawyers can really help.
In order to be legally divorced in Alberta, you need to meet certain requirements.
- You and/or your spouse must have been an ordinary resident in Alberta for at least one year.
- You must meet one of the following grounds for divorce:
- be separated for at least one year
- either partner committed adultery
- either partner performed some sort of mental or physical cruelty on the other partner.
The most common ground for divorce is a one-year separation since any ground must be proven. Thus, in order to seek a divorce on the basis of adultery or mental or physical cruelty, the party must prove that it actually happened. This usually occurs when the partner who committed the adultery or physical cruelty admits to doing so in an affidavit. Using good divorce lawyers will help facilitate this.
