Expert and Personalized Divorce Support in Calgary
Navigating divorce can be complex and emotionally challenging, but Jones Divorce & Family Law in Calgary provides the guidance and support you need. With over 65 years of combined experience, our team of Calgary divorce lawyers takes a personalized approach, recognizing that every divorce is unique. We work closely with you to understand your needs and goals, advocating for a fair division of assets, parenting arrangements, and spousal support.
Our Services
Whether you’re facing a simple or complex divorce, our legal team is prepared to assist with a wide range of family law issues, including:
Grey Divorce: Specialized guidance for individuals over 50 dealing with unique financial and emotional challenges in later-in-life divorces.
Property Division: We ensure equitable distribution of assets, including homes, investments, and pensions. Spousal Support: Fair spousal support arrangements to ensure financial security post-divorce.
Child Custody & Support: Prioritizing your children’s best interests through fair custody and support arrangements.
High-Asset Divorce: Expert handling of complex cases involving significant financial assets, family businesses, and investments.
By partnering with one of our trusted divorce lawyers, you can gain peace of mind, knowing that you have a dedicated professional by your side, working tirelessly to achieve the best possible outcome for your case.
Steps to Filing for Divorce
In most cases, after a 12-month separation period, you become eligible to submit the desk divorce package. Our team of experienced lawyers in Calgary will guide you through the necessary steps and work diligently to streamline the process. Typically, an uncontested divorce in Calgary can be finalized within a timeframe of three to six months. However, couples must wait 12 months from the date of separation to submit their divorce documents unless they are seeking a divorce using the grounds of adultery or cruelty. It is important to note that the duration of the divorce process can vary significantly if there are disputes involved. In complex divorces, it is not uncommon for the process to last many months or even years, depending on the specific circumstances and the level of conflict.
Assuming that your divorce is uncontested, meaning you and your spouse have reached an agreement on all major issues, the following steps typically occur with the assistance of a divorce lawyer:
Preparation, filing, and serving of the Statement of Claim for Divorce
Your lawyer will prepare the necessary legal documents, file them at the local Calgary courthouse, and ensure that they are properly served to your spouse. You can file the Statement of Claim anytime during the one-year separation period, or after.
Await the response
If served within Alberta, the responding party is given 20 days to respond to the filed documents. Failure to respond within this timeframe may result in the court assuming no contest.
Completion of other required forms
Your lawyer will assist you in completing additional forms, such as the Request for Divorce, Affidavit of Applicant and proposed Divorce Judgment, and any other necessary documentation specific to your case.
Await court review
Once all the required forms are completed and submitted, both parties will await the review of the case by the court. It typically takes around 4-8 weeks for a Judgment to be granted by the Court, and for both parties to receive copies of the Divorce Judgment.
Receipt of Certificate of Divorce
After completing these steps, you will receive a Certificate of Divorce. This document can be requested 31 days after the Divorce Judgment is made, finalizing the divorce process.
While this outline provides a general overview, the specific process for your divorce may vary based on the circumstances. Consulting with a knowledgeable divorce lawyer in Calgary will ensure that you receive accurate and tailored guidance throughout your divorce proceedings.
Calgary Divorce Lawyers: Frequently Asked Questions
What is my first step in getting separated or divorced?
We recommended getting legal advice as early as possible during your separation. A lawyer can provide you with your dispute resolution options to minimize the emotional and financial strain of your legal proceedings. When and how you tell your partner about the separation will be unique to your situation. If you have concerns for your safety, a lawyer can write to your partner and advise them of the separation, or if you are amicable, you can tell them of your intentions to separate and discuss the next steps together.
It is important to know that speaking with a lawyer is always confidential, and YOU decide when and how to move forward. A lawyer will not take any steps or contact the other party without your written instructions.
What is the difference between separation and divorce?
In Alberta, there are no official court proceedings that need to be separated; parties simply need to live their lives independently from one another. As such, separating and still living in the same house is possible. Obtaining a divorce is a legal proceeding which requires a Justice / Judge to sign off on a document called a Divorce Judgment.
How long does it take to get a divorce in Calgary, and what must be proven?
The time it takes for a divorce to be finalized can vary significantly depending on the circumstances. For divorces without children or property, the general time frame is 2 to 3 months, provided that the couple has already completed the required 1-year separation period and there are no prolonged disputes over spousal support.
When there are children and property involved, you can expect the divorce proceedings to take much longer. Ultimately, the time it takes to get a divorce depends on the dispute resolution options selected and the behaviour of each party.
Will I have to go to court for a divorce or other reasons?
No, you can get a divorce in Calgary without having to go to Court. However, you will need to file legal documents at the courthouse. If you and your partner are amicable, you can obtain a divorce without stepping foot inside a courtroom.
How long do you have to be separated before filing for a divorce?
In Canada, you must be separated for a minimum of one year before submitting your Divorce Judgment for review by a Justice of the Court of King’s Bench. However, you can file a Statement of Claim for Divorce to initiate the divorce proceedings as soon as you separate.
I want to file for a divorce, but my partner doesn’t want to. Will I still be able to file for a divorce?
Yes, even if the divorce is contested, in Canada, you do not need consent from both spouses to initiate a divorce. Even with a contested divorce and a partner who does not want the divorce, a Justice will still grant a divorce at trial if it is not settled prior. There are two common types of divorces:
contested – one spouse wants a divorce while the other partner doesn’t want one, or
uncontested – Any divorce that is sought after settlement or an arbitration award.
What is an uncontested divorce?
An uncontested divorce is where the parties are amicable and able to reach resolutions on the following issues without attending Court or Arbitration:
- parenting/decision-making;
- child / spousal support;
- division of family property
Parties wishing to proceed with an uncontested divorce will still benefit from legal advice from a lawyer to ensure their resolutions are legally binding.
What is a contested divorce?
In a divorce where you and your spouse cannot reach an agreement, the Court considers the divorce contested. The parties must appear before a Justice / Arbitrator who will make a decision outlining the resolution to their matters.
How do I apply to get divorced?
In order to obtain a divorce, you must file a Statement of Claim for Divorce through the courthouse. Often, parties then enter into a Separation Agreement which outlines all of the matters between them, including, but not limited to: parenting/decision making, child/spousal support; and division of family property.
Once the parties have been separated for 1-year, they can file a “desk divorce package” which includes the Divorce Judgment, Affidavit of Applicant and Request for Divorce.
What are the grounds for divorce?
According to the Divorce Act, there is only one ground for divorce in Canada, being a breakdown of the relationship. You can prove the relationship breakdown in 3 ways:
- 1 year separation – you and your spouse have been separated for a minimum of one year;
- one of the parties, since the celebration of the marriage, committed adultery; or
- one of the parties, since the celebration of the marriage, treated the other party with physical or mental cruelty.
How soon can you get married after a divorce in Calgary?
If you want to marry after a divorce, you need to obtain a certificate of divorce first, which can be obtained 31 days after the Divorce Judgment is granted.
Check out our blog article to learn more: Planning to Remarry Following Divorce? Read our Checklist
Who decides who will get child custody after divorce?
In some cases, parties cannot agree and must ask the court, or an Arbitrator, to decide for them. In that case, the Judge / Justice / Arbitrator must decide using the test of the best interests of the children. The Family Law Act sets out some tools for the judge to use when deciding what is in the child’s best interests.
How is a family property divided in a divorce?
The Family Property Act, formerly the Matrimonial Property Act, is the legislation used to classify and distribute property when a marriage or common law relationship ends. The basic presumption of the law is that family property and debts will be divided equally between spouses.
Hiring a divorce lawyer in Calgary
Hiring a divorce lawyer in Calgary can provide invaluable support and guidance during the challenging process of divorce. Our skilled and experienced divorce lawyers understand the intricacies of family law in Calgary and can advocate for your rights and interests. We can navigate complex legal procedures, negotiate on your behalf, and ensure that your voice is heard in court if necessary.
By partnering with one of our trusted divorce lawyers in Calgary, you can gain peace of mind, knowing that you have a dedicated professional by your side, working tirelessly to achieve the best possible outcome for your case.
