Calgary Divorce Lawyers

To obtain a divorce in Alberta, you must demonstrate a breakdown of the marriage. Most people rely on being separated for at least one year, though cruelty or adultery can also serve as grounds for divorce in some circumstances.

Our team will help you assess your circumstances to ensure you meet the legal requirements for a divorce under the Canadian Divorce Act.

The first official step in filing for divorce is to submit a Statement of Claim for Divorce—and usually the division of family property—at the appropriate Alberta court. This document outlines the reasons for divorce and any related claims, including child support, spousal support, and division of property. Engaging the services of a divorce lawyer in Calgary can help ensure accuracy and prevent delays.

After filing, the other spouse must be personally served with the filed Statement of Claim. Proper service ensures they’re officially notified and have an opportunity to respond. If this step isn’t handled correctly, it can complicate your case. Our firm arranges for timely, compliant service so the process moves forward smoothly.

Once served, your spouse can choose to contest any aspect of the divorce. If they file a response—or a Statement of Defence—the dispute may move into discovery, where both sides exchange documents and gather evidence. Our lawyers will guide you in assembling the necessary information—like financial disclosure—to strengthen your position.

Many divorces are settled out of court through negotiation or mediation. Alberta’s family law system encourages parties to attempt alternative dispute resolution to save time, reduce costs, and minimize conflict. Our Calgary divorce lawyers are skilled negotiators who will advocate for your best interests, aiming to reach fair agreements regarding parenting time, property division, and child support.

When parties can’t agree on key issues, litigation may be required. We prepare your case meticulously, from pre-trial conferences to final hearings, ensuring you have a strong voice in the courtroom. While litigation can take longer and cost more, we will always put your rights first and work toward as efficient a process as possible.

Once all matters are settled—through agreement by negotiation or a judge’s decision—the final divorce judgment is granted. Depending on the case’s complexity, timelines can vary. As your legal team, we ensure each step complies with Alberta law so you can finalize your divorce with confidence.

The courts prioritize the best interests of the child, considering factors such as each parent’s living situation, the child’s routine, and parental relationships. Child support is governed by the Federal Child Support Guidelines—which are mandatory—but not always as straightforward as simply following the schedules. Our firm helps create parenting plans that align with Alberta’s legal standards while reflecting your family’s specific circumstances.

Alberta follows the principle of equitable distribution, meaning matrimonial property is divided in a way that’s fair but not necessarily equal. The Family Property Act governs property division and generally results in an equal division, subject to exemption claims and unique factors.

At Jones Divorce & Family Law, we have extensive experience handling complex property issues, including business valuations and real estate transactions.

Spousal support (sometimes called alimony) depends on various elements:

• Each spouse’s income
• Ability to be self-sufficient
• Roles performed during the marriage

Courts will also look at how family responsibilities were divided during the marriage. The team at Jones Divorce & Family Law works diligently to secure or negotiate fair support arrangements.

If there’s no resolution on critical matters—like parenting time or property division—the case may move forward as a contested divorce. In that scenario, negotiations, mediation, or even a full trial may be necessary. Our firm will advocate for a fair settlement and, if needed, represent you in court to ensure your interests are protected.

An uncontested divorce is generally faster, less expensive, and less emotionally draining than a contested one. Spouses who can agree on major issues—such as custody, support, and asset division—avoid lengthy court battles and can finalize their divorce with minimal conflict.

A formal separation agreement can be extremely helpful. While not mandatory, having one can streamline the divorce process by clarifying terms like child support, spousal support, and asset division in advance. Courts typically respect fair agreements reached between spouses.

Common-law partners in Alberta aren’t governed by the same rules as legally married spouses, but they have very similar rights under the Adult Interdependent Relationships Act, the Family Property Act, and the Family Law Act. This includes potential claims to property or support if they’ve lived together for a certain period or share a child. Separation for common-law couples often involves considerations similar to those of a traditional divorce.

While a breakdown of the relationship is the only ground for divorce in Canada, one way that can be used to establish that breakdown is through adultery.

Yes. In Alberta, both parents have the right to seek custody or parenting time based on the child’s best interests. Courts typically encourage arrangements that allow each parent to maintain a meaningful relationship with the child.

Alberta applies the Family Property Act, which is premised on an equitable distribution model for matrimonial property. The starting point is generally 50/50, at which point the parties’ circumstances are considered to determine if this is, in fact, the appropriate division.

Factors for consideration include:

• What each spouse owned prior to the relationship
• Inheritances/gifts
• Any factors that fall under Section 8, such as:
  • Whether assets were accumulated while a spouse was living separately and apart, or
  • Whether there has been dissipation of family property

An uncontested divorce in Alberta can take as little as a few months from the time you file the Statement of Claim. Contested cases, or those involving significant disputes over property, custody, or support, may stretch to a year or more. Delays can also arise if court schedules are backlogged or if negotiations stall.

Legal fees depend on the complexity of your divorce, the seniority of your lawyer, the need for court appearances, and how quickly disputes are resolved. We’ll provide a clear overview of our fee structure during the initial consultation, and render accounts regularly so that you will always know the costs.

We can also work as a team and have less senior counsel do much of the legwork to reduce your costs. More experienced lawyers can then supervise and strategize in the background or step in to attend to the most important meetings or court appearances.