Download completed divorce forms based upon the answers you provide in the online interview. We provide Alberta Province Approved downloadable divorce kits, complete with divorce instructions, to allow you to obtain a divorce in Alberta. Download your uncontested or no fault divorce papers and eliminate any divorce attorney. Click the Start Now button and begin your online divorce today.
Divorce in Alberta, Canada
Divorce is always a challenge, both financially and emotionally. Seeing that you are already at this point, you have probably experienced unbelievable stress. It is therefore understandable that you now want to finish the divorce the fastest and most hassle-free means possible. The good news is, the process of filing for a divorce in Alberta is not at all complicated. As long as you meet the qualifications, you can fill out the necessary paperwork and file them in court.
Doing all these through us makes it even easier. Because we have a seamless form preparation process, you can make sure you have the right forms, filled out the right way.
The length of time for your divorce to be complicated and the costs that come with it would depend on how complicated your divorce is. Divorce is easier to complete if it is uncontested. This means that you and your spouse agree on all points – child custody, child support, property division, and other relevant matters. Any disagreement on these factors means that the court would have to decide which side wins, a process that takes time.
To make the costs more manageable, you can try divorce mediation. This helps you resolve any disagreements you have with your spouse so that you can come up with an arrangement that is suitable for both of you. This is faster, easier and less expensive than going through a lengthy court dispute.
Alberta Divorce Facts
Statistics Canada states that Alberta’s 2008 divorce rate was higher than other provinces and territories at 24.7 divorces in every 10,000 residents. Only Yukon Territory has higher numbers.
Both fault and no-fault divorces are recognized in Alberta. For fault divorces, extreme cruelty and adultery are valid grounds. As for no-fault divorces, you can use the grounds of living separately due to the marriage not working. Most opt for the no-fault option because it gets rid of the need to place blame. It is also faster and less expensive.
Alberta Divorce Papers and Forms
The paperwork required would depend on the circumstances of your divorce. The most basic requirement would be the “Statement of Claim for Divorce”.
The official website of the Alberta Courts have all the forms you need for a divorce. But without the proper legal training, the entire process can be confusing. You would need to determine which forms are applicable to your case. There are also specific ways for you to fill out the forms. To make things less complicated, you can course your divorce through us. Here, you are not only ensured you are filling out the right forms, you can also rest easy knowing that your forms are filled out the right way. This gives you the confidence you need to file the papers in court.
How to File Divorce Papers in Alberta
Any divorce-related matter is handled by the Court of Queen’s Bench. You can use the map on the Alberta Courts website to find the court nearest your location so that you can file your divorce papers.
Always remember to furnish several copies of your forms – you need one copy to serve to your spouse, once to submit to the courts, and one for your own records. Prepare $260 for the application, but call ahead to make sure as the fees may change from time to time. The moment your fee is paid, the clerk will stamp and label your forms with the right file number.
How to Serve Divorce Papers in Alberta
Serving divorce papers simply means giving your spouse copies of the documents. This is an important part of the process as it gives all parties involved the chance to respond and have an active part in the process.
The Province of Alberta does not allow you to personally serve the documents to your spouse. You will need someone who is not part of the process and is at least 18 years old. There are also paid private services available in case you do not want family or friends to do this for you. Once the papers are served, the person who delivered the documents would have to fill out an Affidavit of Service. This affidavit would have to be submitted to the court as part of the filing process.
After this, the process takes on a course dependent on your circumstances. Divorces filed jointly will not require you to serve copies to your spouse. Otherwise, you will be given instructions on how to serve copies to the other party to continue the process. The clerk will also let you know what other next steps there are to complete.
Divorce Residency Essentials to Get Divorce in Alberta
Every province has residency requirements, and Alberta is no different. If you do not meet the requirements, either your case will be dismissed or it will go unaccepted entirely. For Alberta, the requirements are:
When one of the spouses is a nonresident of the state, the spouse filing for divorce must have been a resident of the province for at least six months before filing for divorce.
The divorce may be filed for in any of the following:
Reasons for Divorce in Alberta
There are two primary categories of divorce filing in Alberta. They are fault and no-fault. In order to file for divorce in Alberta, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
No-fault reasons for divorce in Alberta include:
General reasons include, but are not limited to:
Custody of the Children in Alberta
A court in Alberta grants the custody of the children upon divorce. The child custody can be granted to either parent on the following grounds.
Alberta officially favors joint custody (but not equal physical custody) if in the best interests of the child and the parents agree. The wishes of the child are also a factor to be considered. There is a legal presumption against giving custody to any person who has inflicted any violence against either a spouse or a child. In abuse cases, the judge is required to consider any history of domestic abuse and may not consider the fact that a parent or spouse has relocated to avoid abuse.
Factors taken into consideration for Alberta include:
Joint custody may be awarded. However, if the wife abandons the husband and the children are over seven years old, the husband is granted custody if he is suitable. Grandparents may be given visitation rights.
Alberta Spousal Support Guidelines
The judge has full discretion when it comes to issuing an allowance for maintenance to either spouse if the spouse does not have the means to do so for themselves. This award may be made out of the property belonging to the other spouse, unless it is separate property (acquired by gift or inheritance, or acquired prior to the marriage) and was never used for the common benefit of the marriage.
In applying the statewide uniform guideline, the courts will consider the following:
Alberta Child Support Guidelines
A written agreement between the parents for a different amount with a reasonable explanation for the deviation from the guidelines will also be allowed. A standardized Child Support Guidelines form and Child Support Income Statement/Affidavit must be filed in every case in which child support is requested. There is also a procedure for expedited processing in child support cases. Alberta driver’s licenses may be suspended for failure to pay child support.
Alberta is an “equitable distribution” province and the judge has full discretion to divide any jointly-owned real estate or personal property, but does not have the authority to award the wife’s separate property to the husband (regardless of whether the wife’s separate property was obtained before or after the marriage). Gifts and inheritances are considered separate property and are not subject to division unless they have been used for the common benefit of both spouses. The property division need not necessarily be exactly equal, but it must be equitable. Marital fault may be considered in the division of property.
There is no legal provision in Alberta for mediation.
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FREE Access to a Full Video Library on Divorce: Our team has taken the time to explain the issues regarding taxes, estate planning and more.
Detailed Instructions to serve your Spouse: Part of the process of obtaining a divorce is doing a proper service. We show you how to do it.
Marital Settlement Agreement: You will get a complete settlement agreement that you and your spouse can agree to.
Free Name Change for Wives: Yes, you can get your old name back with our service.
FREE Parenting Plan: With our service you can create a parenting plan on line to be included in your documents.
FREE Child Support Calculator: Our online service helps you calculate child support payments if needed.
FREE Alimony Calculator: If spousal support is required, our site will allow you to make the right choices.
Simply register online, pay the small fee, gather your papers and ready to get a divorce.
Answer each of the questions we will ask you and the forms will be completed for you.
Print our state approved completed forms, and file the divorce forms in the court.
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