In Canada Divorce is governed by the Divorce Act. Often divorce is dealt with in conjunction with the Matrimonial Property Act of Alberta by filing a Statement of Claim for Divorce and Division of Property.

Procedure in Divorce

(and Family law Matters) is found in the Alberta Rules of Court. The Rules contain the forms to be used and Practice notes relevant to Divorce and Family law matters.

One party to the marriage can commence the proceedings for divorce by “commencing an action”; which is done by filing the Statement of Claim on-line at the Court of Queen’s Bench in Edmonton or other judicial centres in the Province. Currently, the cost of filing at the court house is $260.00 in Alberta. Typically the document is filed by a St. Albert or Edmonton family lawyer; or a St. Albert or Edmonton divorce lawyer. A person must be “ordinarily resident” in Alberta for at least one year before a divorce action can be commenced in the province.

A party must have “grounds” for divorce and the most common grounds used in Alberta is living “separate and apart” from ones spouse for more than one year. An action can be started even if the parties have not been separate and apart for over a year, but the divorce will not be granted until the year has expired (unless the party filing the Statement of Claim is relying upon another grounds for divorce – Adultery, Mental Cruelty or Physical cruelty). Contact a St. Albert or Edmonton family lawyer; or a St. Albert or Edmonton divorce lawyer for further information.

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Uncontested Desk Divorces

1. Separated for One Year.
The divorce will be based on the grounds of a one-year separation. You may start the divorce proceeding at any time after separation; however, you cannot apply for the divorce order until you have been separated for at least one year.

2. One Year Residency.
You or your spouse must have resided in Alberta for at least one year prior to commencing the divorce.

3. Location of Spouse.
You must know the location of your spouse because he or she MUST be personally served documents.

4. Uncontested.
You and your spouse must agree to a divorce. Alternatively it must be uncontested by the other spouse.

5. Children of Marriage.
If there are children of the marriage, all issues with respect
to custody and child support have been resolved between you and your spouse. Child support must meet the Federal Child Support Guidelines.

6. Spousal Support.
You have agreed to whether spousal support is to be paid by one spouse, and if so as to the amount and duration of the support.

7. Property Division.
You have agreed to issues with respect to division of Matrimonial Property.