How Long Does Divorce Take in Alberta Canada?

How Long Does Divorce Take in Alberta Canada?

When a couple wants a divorce, the first thing that comes to mind is how long does divorce take in Alberta. Though it’s difficult to say the exact time, a divorce in Alberta usually takes around 3 months.

However, several factors influence the duration, such as the divorce types and procedure, influence the duration. In the following section, we’ve discussed the timeframe of a divorce and associated factors that can affect the overall time.

So, let’s get started…

What are the Grounds for Divorce in Canada?

The first and foremost thing is to cite the cause of the divorce. The divorce’s grounds significantly impact the proceedings.

There are three grounds for divorce – separation, cruelty, and adultery.

Separation

You are said to be separated when you and your spouse live apart for at least a year without a court-ordered divorce. During this year, you can begin the divorce process and conduct specific actions, but you must wait at least a year before filing for divorce. However, you can get back together with your spouse within 90 days.

Adultery

Adultery is characterized as sexual activity between a married person and someone else rather than their spouse. However, if you want a divorce for adultery, you must present proof that your spouse had extramarital relations.

Witness accounts, images, or other written materials could present this proof. If adultery is proven to have occurred, the court may grant a divorce.

Cruelty

Cruelty happens when a partner commits either mental or physical abuse to their spouse. It can be verbal or emotional abuse. If you face anything like this, you can always apply for divorce, but you’ll need proof of the abuse.

How Long Does a Divorce Take in Alberta?

There is no such thing as a quick divorce. It is a legal process that requires going through the court system and adhering to its rules and regulations.

Before the court issues a ruling, it may take two to three months to file for divorce in Alberta. It gives the court enough time to conduct the divorce and fulfill any waiting periods.

Legal Process

Compared to an uncontested divorce, the legal process for a contested divorce is time-consuming and complex. It happens because a contested divorce involves a trial between the parties.

On the other hand, an uncontested divorce can be easy because both parties agree to the terms, and no trial is required.

Level of Stress

In a contested divorce, an ongoing conflict occurs between the parties. Thus, it becomes more stressful than an uncontested divorce. Moreover, if the parties have children, the stress level rises, resulting in emotional stress and anxiety in the relationships.

Costs

Generally speaking, the expenditures of a contested divorce are greater than an uncontested divorce. It is because contested divorces frequently call for extra legal services like discovery, mediation, or a trial.

On the contrary, uncontested divorces are typically less expensive since they involve less time in court and legal labour.

Time

The process might be rather quick and simple in an uncontested divorce. There is a required waiting period of 31 days after the divorce application has been submitted and served on the other spouse before the divorce can be finalized. 

The spouse who filed the divorce petition may request a divorce if the other spouse does not object or consent to its terms. The divorce will be approved if the court agrees with the ruling.

On the other hand, a contested divorce may take longer to complete. If the other spouse files a response to the divorce application, the parties may enter into a negotiation, mediation, or even trial to settle any divorce-related disputes. Depending on the complexity of the issues involved, this process could take months or even years.

Read more, Automatic Divorce After Long Separation In Canada

How to File for Divorce?

File for divorce, there are two different ways you can follow –

  1. You can file the divorce yourself by gathering all the paperwork and documents on your own. Fill out the documents with your partner and submit them to the courthouse. It sounds easy. However, this can be difficult for couples with assets, family members who provide support, and children.
  2. Alternatively, you can hire someone to file your divorce on your behalf. It is a safe choice because doing it alone is more complicated than you think. But, there is an additional cost if you hire someone to file for divorce on your behalf. Both strategies have benefits and drawbacks.

How Much Does It Cost to File for a Divorce in Alberta?

Depending on the circumstances of your case, the cost of filing for divorce in Alberta might range from a few hundred to several thousand dollars.

Court Filing  Fee

The court filing fee for a divorce application is $260.

Service Fee

There could be additional expenses if your spouse needs to get notice of your divorce filing. These can include charges for filing the documents or having a sheriff deliver the papers.

Legal Fee

You must consider additional legal fees if you hire a lawyer. These charges may change based on your case’s complexity and the legal counsel you receive.

Summary

In conclusion, it’s vital to remember that the divorce process does not have to be difficult, even though the time it takes to get a divorce in Alberta might vary based on several factors. 

You can move forward confidently and make plans for a better future if you have the appropriate legal representation and a grasp of the legal system. If you’re divorcing in Alberta, you’ll need to work with a divorce lawyer who can give you the advice you need to file for divorce.

FAQs

How long does a divorce take in Alberta?

On average, the process may take around 3 months. It indicates that it will take the court around 3 months from the moment the paperwork is filed to return the filed divorce judgment.

How fast can you get divorced in Alberta?

Before a court grants a divorce, you and your spouse must live apart for at least a year to be considered separated. Although you can begin the divorce process at any time within the first year, you must wait until that time has expired before filing for divorce.

How long after divorce can you remarry in Alberta?

In the majority of cases, Canada grants divorce in just 31 days. So, in Canada, getting remarried generally only takes 31 days after a divorce.

Do you need a separation agreement before divorce in Alberta?

In Alberta, you can separate and get a divorce without having a separation agreement. That will prove that the marriage has failed and serve as grounds for divorce if you can show that you have been apart for at least a year.

Do you need a lawyer for a divorce in Alberta?

You do not need a lawyer for a divorce in Alberta. If your divorce papers follow the court’s rules and the document checklist, the court will accept the divorce. However, a lawyer can make the process smooth and hassle-free.

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