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Online divorce in Alberta

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Online divorce in Alberta

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Alberta divorce details

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Uncontested vs Contested Divorce in Alberta

The No-Fault or uncontested divorce is one of the most common types of divorce in Alberta. It is when the spouses have come to an agreement on all the issues and mutually want to terminate the marriage. If a couple has an uncontested case, they may even do without a trial. The court typically analyzes all the conditions of the divorce, estimates the prepared documents, and finally gives the Certificate of Divorce. On the other hand, a contested case is much more complicated. Uncontested divorces are usually faster and cost less. For a contested divorce, the spouses are required to complete a mediation process in regards to all the tricky issues. Afterwards, they need to wait for a certain period of time stipulated by the court.

Uncontested Divorce in Alberta

The grounds for an uncontested divorce are the same as for a contested one. As a result, a divorce based on certain fault grounds may still be considered as uncontested if both parties come to an agreement. Such grounds are:

  • Cruelty towards one of the spouses
  • Abandonment of one of the spouses
  • Imprisonment of one of the spouses
  • Adultery
  • Divorce after a period of legal separation
  • Divorce after a final judgment of legal separation

These and other grounds are essential for the court to specify for the final decision. If there are any issues coming to an agreement, the divorce is considered to be contested.

When the divorce process starts, one party is a Plaintiff, and the other is a Defendant. The Plaintiff has to serve the Defendant with all the papers for the separation. Afterwards, the Defendant has 15 days to file with the court. If the Defendant does not live in Alberta at the time, the duration can be extended to 40 days.

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Residency Requirements to file for divorce in Alberta

Unlike other provinces in Canada, Alberta does not have extensive residency requirements to file for divorce. The most important one to keep in mind is that either party must have lived in Alberta for at least one year in order to start a divorce process. According to the Divorce Act of Alberta: “Jurisdiction in Divorce proceedings (1) A Court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.”

How to file for an Uncontested Divorce in Alberta?

One of spouses should first fill out the Petition for the divorce process, referred to as the Statement of Claim for Divorce. Afterwards, they should serve their spouse with the required documents to file. After the Defendant receives all the required documents, they have 20 days to file. They have one month if they don’t currently reside in the province, and two months if they live outside of Canada. The next step will be to receive the papers from the spouse and file them with the court. During the waiting period, the judge typically grants the couple the Certificate of Divorce if there are no additional issues. Generally, the most difficult part of this process is preparing the documents on time without any mistakes.

Do-It-Yourself Divorce in Alberta

A DIY divorce is considered to be the most practical due to its relatively cheap costs. There is also no need to wait for the lawyer or Sheriff as the couples could complete the steps of the divorce process themselves. However, there are certain drawbacks:

  • Each province has its own residency requirements
  • It can be difficult for someone without a legal background to fill out all the details without legal assistance
  • Without the mediation process, the spouses may have issues coming to an agreement, so they may still have to go to court
  • Without the aid of a legal body, the couple may have difficulty dividing assets equally due to subjective opinion

Although there may be some disadvantages of a DIY divorce, there is a chance to save a lot of money if done right.

How much does an Uncontested Divorce cost in Alberta?

According to the latest research, the average price for a divorce procedure in Alberta is $2000. This is without the cost to hire an attorney. The final costs may vary greatly depending on the case.

How Long Does It Take to Get Divorced in Alberta?

An uncontested divorce in Alberta may take up to six months, if everything is done right. On the other hand, a contested one may take up to a year or more, according to Alberta legislation. Regardless, each divorce case is unique and the total cost and time it will take will differ.

How to serve your spouse in Alberta

In Alberta, the Plaintiff must serve the Defendant with all the required documents and the Defendant must answer the Petition for divorce within 20 days. The Plaintiff can either serve the papers by hand or hire the Sheriff, or through the mail. The sooner the documents are delivered, the less time it will take to receive the Certificate of Divorce.

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Documents You Need to Get a Divorce in Alberta

In Alberta, there are a lot of forms that are connected to the many different details of the divorce process. The spouses should check which papers they need for their divorce.

  • Affidavit of Applicant Form FL-23
  • Affidavit of Service of Statement of Claim for Divorce (No Children) Form 49
  • Divorce Instructions - Uncontested Divorce – Without children N/A
  • Divorce Judgment (without oral evidence) Form FL-25
  • Divorce Judgment (without oral evidence) Form FL-25
  • Noting in Default Form 14
  • Print and fill Divorce Judgment (with space for extra clauses) N/A
  • Request for Divorce (without oral evidence) Form FL-21
  • Statement of Claim for Divorce Form FL-01
  • Affidavit of Applicant Form FL-23
  • Affidavit of Service - Divorce  N/A
  • Child Support Data Sheet - For Self-Represented Parties N/A
  • Divorce Instructions - Uncontested Divorce – With children N/A
  • Divorce Judgment and Corollary Relief Order (without oral evidence) Form FL-26
  • Notice of Mandatory Seminar N/A
  • Noting in Default Form 14
  • Print and fill Divorce Judgment (with space for extra clauses) N/A
  • Request for Divorce (without oral evidence) Form FL-21
  • Statement of Claim for Divorce Form FL-01

Online Divorce in Alberta

Online divorce offers a unique opportunity to save money by not having to hire an attorney to help prepare the documents. Either spouse can order all the required documents, fully-prepared in PDF-format within 1-2 days. There are no additional fees or hidden charges.

Rules for child support in Alberta

According to Alberta legislation, both spouses should try their best in order to provide for their children. All the issues regarding child custody are resolved under both the federal Divorce Act and the Alberta Family Law Act. There are two main parts to child custody:

  • Joint Custody
  • Sole Custody

Joint Custody is gaining popularity in Alberta. This is when both parents have the common desire to take care of their children. Sole Custody, on the other hand, is when only one spouse is eager to support the children.

Before the final judgment of the court, both spouses sign a special contract or a Settlement of Child Custody regarding child visitation, support, and various other issues. During the mediation process, the spouses attempt to find the best way to terminate their marriage without causing much repercussion to the children. The Court then stipulates and establishes the final decision.

Rules for spousal support in Alberta

The court of Alberta regulates spousal support similarly to the issue of child custody. If either spouse wants to request for spousal support, they must apply for the Divorce Act or the Family Law Act. The court takes into consideration certain factors when making a decision regarding spousal support:

  • Term of the marriage
  • Liabilities of both spouses during the marriage process
  • Monthly income of both spouses
  • Tax rate of the province where each spouse lives

These and certain other factors influence the amount of spousal support. All these and other circumstances influencing the amount of spousal support. The court also takes into consideration the occupation status of both spouses.

Division of property in Alberta

In Alberta, there are two main parts to joint property: marital and personal. Marital property is divided equally between both spouses while personal property is not. The issues regarding marital property are as follows:

  • Term of the marriage
  • Financial state of both spouses
  • Tax rate of the spouses
  • Current financial abilities

Depending on these factors, the court makes a decision regarding each spouse’s share of marital property.

Divorce Mediation in Alberta

Mediation is a process that assists the spouses in negotiating all the issues of the divorce. The mediator schedules a mediation hearing and the divorcing spouses attempt to negotiate. If they fail to come to an agreement, the mediator sets up another meeting. When the spouses finally come to a consensus, the mediator signs a special Notice that contains all the terms of the agreement.

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How to divorce a missing spouse in Alberta

In order to divorce a missing spouse in Alberta, the Plaintiff must first attempt to search for their spouse. They can request the help of their friends, relatives, or the police. They must be able to prove that they made maximum efforts in order to locate the missing spouse. If the search fails, the Plaintiff is usually required to make a public announcement regarding the divorce proceeding in the local newspaper. If the spouse is still not located, the judge may grant a divorce by default without their presence.

Default Divorce in Alberta

Default divorce occurs when one of the spouses fail to respond to the notice of divorce or cannot be located.

Default judgment means that the Defendant manifested himself as an uninterested party for some reason (Demand of Notice or Statement of Defence was not filed). As a result, the Plaintiff's initial requests outlined in the Statement of Claim are likely to be satisfied.

Annulment of the marriage in  Alberta

The annulment of a marriage makes it so that that the marriage was never legal. This procedure is slightly different from a divorce in that it cancels a marriage as if it never even occurred. Grounds for an annulment are as follows:

  • One of the spouses was already married and wasn't legally divorced before the time of marriage (bigamous marriage)
  • Consent to marriage was obtained through force
  • One of the spouses was under 18 years old at the time of marriage registration (underage marriage)

Legal Separation in Alberta

Legal separation is not the same as marriage termination. It is when a couple decides to live separately while resolving all the regular issues of divorce such as child custody, financial support, and division of property.

Alberta law does not recognize legal separation. If the spouses are eager to separate, they can do it without involving the court. However, they will remain legally married until they receive an official Divorce Judgement.

Same-Sex Divorce in Alberta

Same-sex marriage and divorce were recognized in Alberta in July, 2005. The proceeding of same-sex divorce is exactly the same to a regular divorce. You will need to a certified agent to help you with all the characteristics of a same-sex divorce efficacy.

Military Divorce in Alberta

Military divorce is also pretty similar to a regular civil divorce. Residency requirements may differ and the deadline to answer the notice of a divorce may be delayed if the Defendant is on active duty. Other than those, the rest of the process is nearly the same.

How to divorce a spouse in a jail

Divorcing a spouse currently in jail is also quite similar to a regular divorce proceeding. If the imprisoned spouse is mentally or physically ill, it may cause several issues in terms of delivering the documents. If the Defendant is incarcerated, the Plaintiff should know exactly which prison the spouse is currently staying in and send them all the required documents.

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Divorce filing fee

Court filing fees are in addition to the cost of using DivorceFiller.com. This cost may vary by region. Checking the relevant local courthouse can help to determine the exact amount.

Can a filing fee be waived?

In Alberta, the filing fees may be waived for indigent Plaintiffs. They should be able to prove the inability to pay the fees by providing information such as their total monthly income, tax rate, and debts. The court will then make a decision with the provided information.

How we can help

DivorceFiller can’t promise to solve all the issues of divorce or make the process enjoyable. However, we can help ease the process by taking responsibility of preparing the documents accurately and on time. With only a flat fee of only $149, DivorceFiller can help save you a lot of money and guarantee court approval.

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