Divorcing in Alberta? You can do it yourself
I get asked all the time “Can we get divorced without a lawyer or mediator?” The answer is yes, but only if you’re on the same page, or don’t know where to start. Having said that, with the right prep and knowledge of the process it can be doable. Here’s a step by step guide to help you do it yourself and file your own divorce in Alberta.
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Grounds for Divorce
In Canada, divorces are governed by the federal Divorce Act so the grounds for divorce are the same across all provinces. In Alberta you can file for divorce if you and your spouse have been separated for at least one year, which is the most common reason. If there is evidence of adultery or cruelty you can file sooner, but these grounds require proof and are more complicated.
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Are you eligible
You or your spouse must have lived in Alberta for at least one year before you apply. This is the residency requirement to give Alberta jurisdiction over your divorce.
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Uncontested or Contested Divorce
An uncontested divorce where both spouses agree on everything (child custody, support, property division) is usually faster, simpler and less expensive. A contested divorce where there are disagreements is more complicated and time consuming.
For a DIY divorce it’s usually recommended to go uncontested. If your spouse disagrees with anything you may need legal help, such as mediation, to deal with those issues.
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Get the Required Documents
In Alberta you’ll need several forms and documents to file your divorce. The exact forms may vary depending on your situation but common ones are:
Statement of Claim for Divorce: This is the main document to start the divorce.
Divorce Judgment: This is the court order that ends your marriage.
Affidavit of Service: If your spouse needs to be served, this document proves the divorce papers and the requirement to complete the Parenting After Separation course, if there are children, were delivered.
Child Support Guidelines: If you have children you’ll need to show compliance with child support requirements as per federal guidelines.
Parenting After Separation (PAS) Course Certificate: In Alberta divorcing parents with minor children are required to complete the PAS course.
Check the Alberta Courts website or your local courthouse to see which forms apply to your situation. Each form must be filled out correctly and completely, errors will delay the process.
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Fill out the Divorce Forms
Filling out the forms is a tedious process. Follow the instructions carefully, make sure all names, addresses and other details are correct. You’ll need to clearly state what you’re asking for regarding property division, spousal support, child custody and child support if applicable.
If you’re not sure how to fill out a particular part of a form Alberta’s Family Law Information Centres (FLIC) can help. You may also want to consider a mediator if you need help with an agreement on any part of the divorce.
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File the Forms with the Court
Once you have the forms filled out you’ll file them at the courthouse in the judicial district where you or your spouse live. In Alberta there is a filing fee to file your divorce documents. If you’re experiencing financial hardship you may be able to get a fee waiver.
After filing you’ll get a court file number which you’ll need to reference on all subsequent documents related to your divorce.
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Serve the Divorce Papers (If Required)
If your spouse hasn’t signed a waiver or a joint application for divorce you must serve them with a copy of the divorce papers. In Alberta you cannot serve these papers yourself. A third party, usually a friend, family member or process server must deliver them.
After service the person who served the documents must complete an Affidavit of Service, stating that the papers were delivered. This affidavit is then filed with the court to prove your spouse was notified.
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Wait for the Response Period
Once served your spouse has a certain timeframe (20 days in Alberta, 30 days in Canada but outside Alberta, 60 days outside Canada) to file a Statement of Defence if they disagree with any part of the divorce. If they don’t respond within the timeframe the divorce can proceed by default and you can move forward without them.
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File Your Final Documents
If no defence is filed you’ll file additional documents, usually:
Request for Divorce: To finalize the divorce.
Affidavit of Applicant: Outlines the details of your case and states all required documents were served.
Divorce Judgment: The final order from the court.
These documents will be reviewed by a judge and they’ll grant or deny your divorce.
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Get Your Divorce Judgment
If the judge approves your application they’ll issue a Divorce Judgment, ending your marriage. You’ll get a copy of this judgment from the court within a few weeks.
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Wait for the Certificate of Divorce
After you get the Divorce Judgment there is a 31 day waiting period before the divorce is final. Once this period has passed you can apply for a Certificate of Divorce, which is proof you’re divorced. You may need this in the future if you remarry or update your personal records.
Essentially…
Doing your own divorce in Alberta can be cost effective but it requires attention to detail and time. Make sure all documents are done correctly and if complications arise consider getting legal help. Resources such as Family Law Information Centres, mediation services or unbundled legal services are available to help especially if there are children or significant assets involved.
Need a little help with some minor issues or paperwork? Contact us today and get your mater moving forward.
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