Divorce is a very difficult time for the couple involved and their families. Emotions run high and sometimes it is hard to think clearly. There are decisions to be made as to the division of the common property as well as custody and care of any children of the marriage.
The first decision after the couple decides to end their marriage is how they want to proceed with the divorce.
There are two ways of obtaining a divorce, one method is a Contested Divorce which involves a dispute and opposition or resistance to the divorce in which case we can assist in the settlement of the terms of the marriage separation.
The second means of obtaining a divorce is an Uncontested Divorce. In this situation both parties agree to the terms of the divorce and often you can find assistance from the court for filing a divorce by yourself.
In order to proceed with an uncontested divorce the couple must have lived separate and apart for a period of at least one year. Although it is not required that either party be a Canadian citizen one or both must have lived in Alberta for one year previous to filing for the divorce.
Once the uncontested divorce process has been commenced it will take three to six months to finalize depending on how long it takes to serve the defendant. We can assist you in this area by personal delivery within the Edmonton and greater area, or arranging for service if the defendant lives outside this area.
When the Statement of Claim is filed at the Court House and the filing fee of $210.00 is paid our office will then ensure that the defendant is served and the remaining documents are prepared for signature.
Once the final papers are filed the divorce judgement will be signed by the Judge and mailed to you.
If there are children under the age of sixteen a "Parenting After Separation" Seminar is recommended unless both parties have agreed in writing on all the issues and requested an exemption.
Contact our office at 780.428.2267 to speak to one of our staff about a Contested Divorce and more details on the divorce procedure.
