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Going through a separation could be upsetting, traumatic, scary and stressful. For couples with children, often the most crucial problem for both spouses is finding a means to make certain that their children are harmed well under possible with the fact your relationship has arrived to an end. For couples without children, sorting finances and establishing a reasonable division of assets with a minimum of rancour and unhappiness is crucial.

Even though the Divorce Act provides for both fault-based with no-fault divorces, virtually all couples who eventually proceed using a divorce currently take advantage of the no-fault “one-year separation” since the basis of establishing a permanent marriage breakdown. Using the grounds of adultery or mental/physical cruelty is practically never done any more – partly because “fault” or “misconduct” plays no role with regards to support or property issues, and partly because arguing over why the marriage ended is really a fruitless, time-consuming exercise and a complete waste of legal fees.

That’s not to imply that as lawyers our company is not worried about how our clients are influenced by the conclusion of the relationship; but we realize that the appropriate referral to a skilled counsellor, a support group or possibly a divorce coach might be far more helpful and effective in navigating this major life transition.

The language “legal separation” do not have real meaning; sometimes people believe that there is some formal or judicial recognition of your separation that is needed legally, but this is simply not the way it is. The date of separation is relevant when knowing if the one-year separation has elapsed, but unlike popular belief the date of separation is not the date when property and debts are crystallized. Unlike other provinces, Alberta’s laws on division of matrimonial property (for married people) provide that every matters are “live” until such time because the spouses get into a formal written agreement with independent legal advice, or until a trial. Which means that assets and debts with the date of separation usually are not “fixed” or final – they may change up or down until settlement or trial. What the law states may be very different, however, for unmarried spouses.

Under our Divorce Act, either you and your spouse need to have been “ordinarily resident” in the province of Alberta for a minimum of 1 year prior to commencing a divorce action. Consult with your lawyer when you have doubts about if this requirement is met. This requirement can be a firm one, and can’t be waived through the Court.1

Many couples work on a general settlement on all issues that are essential directly to them – either with the help of their lawyers, or perhaps a mediator, or independently. They don’t necessarily start the negotiation process by filing Court pleadings. However, when they are unable to come to an understanding, a legal court will surely intervene and has the ability to deal with certain issues with an interim basis (interim parenting arrangements, interim support, protection from violence, etc.) pending one last agreement or trial.

95% of spouses can visit a resolution of all the matters between the two while not having to check out trial. When all matters happen to be resolved and finalized, their lawyers will proceed having an uncontested divorce. No one must actually attend court; documents are filed with the Court and considered by a judge minus the parties being forced to be present. If a couple wishes, they may jointly ask a legal court for any divorce, with out them party having to end up being the “Plaintiff” as well as the other being forced to end up being the “Defendant”.

Where there are children, a judge is needed to make sure that “reasonable arrangements” have been designed for the support in the children before granting a divorce. If a judge will not be satisfied that the agreement in between the parties is reasonable, the divorce cannot proceed until such arrangements happen to be in place. This is certainly to ensure that bargains between adults will not prejudice the rights from the child to some fair measure of supporting your children.

In order to proceed having a divorce, Edmonton Legal Services will ask you for many documents to start:

a certified copy of the marriage certificate issued by the province in which you were married (not much of a photocopy, and never the relationship license). If you are married beyond Canada, the lawyer will be seeking further details from you, and although you could have a duplicate of your marriage certificate to deliver, more info 02dexkpky be required.

A picture of your respective spouse (in Alberta, when your spouse is going to be served with divorce documents, a picture is required to ensure that they are the one who is correctly served.) You can not serve your sweetheart yourself – the lawyer will make appropriate arrangements for personal service.

If you have children under 16, and you’ve already attended the Parenting After Separation Course, bring the original yellow certificate of attendance. In the event you haven’t yet attended, we can provide you with the information to register. Attendance on the PAS course is required for most parents of kids who are seeking a divorce or any interim court orders. You will find exceptions to this particular rule; speak with your lawyer or a legal assistant to learn more.

A completed firm client information sheet and evidence of your identity (i.e. a copy of your respective driver’s license).