What will my divorce deal with?
A Divorce is a Court application to end your marriage. It can occur only after a couple has been legally married.
When you do not own property with your spouse, and you do not have children with them, the Divorce process is relatively simple. However, most often there are property, parenting, spousal support and child support issues that must be dealt with during the divorce.
If you own property with your spouse, typical Divorce files also involve the division of that property. Callioux Law can assist you to ensure that your property is divided in a way that is both fair and legal. We will ensure that the agreements, orders, land title documents and bills of sale are all done correctly.
If you have children with your significant other, the Court will have to ensure there is a safe and secure parenting arrangement and that child support has been considered. Couples will also have to determine if spousal support is at issue. This involves determining if either party has an entitlement to spousal support, and if so, what amount of support is required and how long it should be paid.
All of these areas can be complex. They often involve the most personal and most important parts of your life. It is common for people to experience many emotions, including confusion, anger, fear, grief and relief. We can help guide you through this process with skill and experience to ensure your rights, your property and your family are protected.
Click here to view Common Law Relationships and Adult Interdependent Relationships Act
Get in touch
Callioux Law knows that finding the right lawyer to represent you is a choice not to be taken lightly. Our highly experienced team of lawyers can help you.
Book an appointment ▸
To get divorced, breakdown of the marriage must be established.
Breakdown of the marriage can be established by any one of the following:
Adultery;
Cruelty;
Being separated for more than one year.
These are the only grounds for divorce.
No matter which of the above grounds is used, no one has to wait a year to file for Divorce or to make applications at court. In fact, all matters can be decided by agreement or by the Court at any time after separation. If number 3 above is used as the ground for divorce (which is the most common), it simply means that the Court can’t finalize the Divorce with a final Divorce Judgment before the year is up – but not that the process needs to wait a year to start. Court applications can be made immediately following separation if need be and issues can be settled. However, in 1 and 2 above, the court can grant the Divorce Judgement before first year is up. Once a Divorce Judgment is granted, there is a 30-day appeal period, following which your certificate of Divorce is granted.
Being separated does not always mean living in separate residences. There are times when couples live separately while still cohabitating in the same residence. Living separate and apart in the same residence may satisfy term three.
Key points to consider when going through a divorce:
If there are children of the marriage, the Court attempts to ensure that the children are adequately cared for and that any agreement made between the parties is in the children’s best interests;
If you have children under the age of 16, each party to the marriage must complete the parenting after separation course;
A divorce can proceed by agreement and the Court has a streamlined process for this purpose;
If you have been served with a Statement of Claim for Divorce and you live within Alberta, you have 20 days to respond with a Statement of Defence or a counter claim. You are well advised to consult counsel as soon as you are served.
Property Division for Divorcing Couples
The division of assets in the Divorce context is governed by the Family Property Act.
After your relationship breaks down, you often have property that needs to be divided. This means determining what property is yours alone, what property is joint, and to what property you and your ex will each have a right.
The Family Property Act governs the division of property in a Divorce (formerly known as the Matrimonial Property Act). If you were married you are generally entitled to one half of the property that was acquired during the marriage, and one half of the increase in value of an asset brought into the marriage. This may include bank accounts, pensions, houses, vehicles and any other possessions. This also may include debts. However, sometimes exceptions apply and legal advice is important to ensure that all property is known and it is divided fairly.
Spousal Support & Child Support
Parenting for Divorcing Couples
Child of the marriage is a child under the age of 18 years. This term may apply to a child after the age of 18 for a variety of factors: the child is attending post secondary schooling, has an illness, disability or if the one spouse acting in place of a parent to the child during the marriage (“loco parentis” in Latin).
Divorcing couples are directed on how each parent will spend time with their Children. Each parent shall be designated with decision-making responsibilities. These day-to-day decisions include the Children’s health, education, culture, language, religion and spirituality, and significant extra-curricular activities.
Both parents have the following obligations to follow:
- exercise their parenting time, decision making responsibilities and contact time in a manner that is consistent with the best interests of the Children;
- protect the Children of the marriage from conflict arising from the proceedings, to the best of their ability;
- to try to resolve matters through a family dispute resolution process;
- to provide complete, accurate and up-to-date information, if required under the new Divorce Act; and
- to comply with any Court order until it is no longer in effect.
Parenting time may consist of joint parenting (child lives primarily with one parent), shared parenting (at least 60/40 time with parents), split parenting (one child lives with one parent and one child lives with the other parent) or sole parenting (child resides with one parent and sole decision-making is made by that parent).
Learn more about Parenting Time, Parental Decision Making, and Moving with Children.