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…
How to File for Divorce in Alberta?
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.
However, this can be difficult for couples with assets, family members who provide support, and children.
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. The average cost of divorce in Alberta depends on this additional cost also. there is Both strategies have benefits and drawbacks.
Here’s a step-by-step guide to filing for divorce –
Statement of Claim for Divorce
Collecting and completing the “Statement of Claim for Divorce” is the first step of the process. The person who files for divorce is called the “plaintiff,” and the other person is called the “defendant.” Fill out the form, sign it, and then bring it to the courts to be filed.
Serve the Divorce Papers
The person suing must ensure that the divorce papers are given in person to the person being sued. In Alberta, this can’t be done by the complainant. You can ask for a Court Order for other ways to be served if you need to.
Responding as a Defendant
If you are given divorce papers, you must acknowledge them and take the steps accordingly. If you don’t listen to them, the court might make decisions without your involvement.
Review and Note Key Deadlines
The Statement of Claim is just a template, so don’t worry about it. Read the document carefully and make a note of important due dates, like when to turn in financial disclosure records. Ensure you and your agent do everything that must be done on time.
Disputing the Divorce Claim
Couples agree on all the terms of an uncontested divorce Alberta, which speeds up and lowers the cost of the process. You have 20 days from the time you get the papers to file a Statement of Defense if you want to contest the claim or any of the terms.
Filing Additional Forms
The plaintiff will need to file a Sworn Affidavit of Service, a Request for Divorce, and a suggested Divorce Judgement if the divorce goes through without any problems. This person must have been separated for at least a year unless they are filing because of adultery or abuse.
Finalizing the Divorce: Divorce Judgement
The Divorce Judgement is signed and sent back to the court clerk, who will mail copies to both sides after a Justice looks over all the paperwork. It might take six weeks.
Requesting a Certificate of Divorce
After being signed, the Divorce Judgment is binding for 31 days. After that, you can go to the courts and ask for a Certificate of Divorce, which will end the marriage for good.
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
In Alberta, the cost to file for a divorce includes a court filing fee. As of 2023, this fee is around CAD 260, which covers the cost of submitting the necessary divorce forms, including the Statement of Claim for Divorce.
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. Typically, having a sheriff deliver divorce papers costs between CAD80 and CAD150. This is an extra expense on top of the court filing fees and any legal fees you might have.
Legal Fee
You must consider additional legal fees if you hire a lawyer. Legal fees can vary significantly. Fixed fees for an uncontested divorce typically range from CAD1,500 to CAD3,000. For contested cases, hourly rates may range from CAD150 to CAD500. Additional costs could include charges for document preparation and mediation services.
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 Divorce Take in Alberta?
There is no such thing as a quick divorce. It is a legal divorce process in Alberta 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
Final Words
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 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.
