Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Canada, divorce and separation are governed by the Divorce Act, a federal statute, and the Family Law Act of Alberta, which includes provisions specific to Calgary. The process of divorce is undertaken when a marriage is legally brought to an end. It may involve other crucial decisions like child custody, division of property, child and spousal support. In contrast, separation involves a situation where spouses decide to live apart without formally terminating the marital relationship.
Legal assistance can be invaluable in a divorce or separation scenario when there are significant assets involved, complications related to custody of children or property division, in cases of domestic violence, or any situation that involves an imbalance in knowledge or power. Lawyers can ensure your interests are protected during the negotiation process or in court and can help demystify complex legal jargon.
According to the Divorce Act in Canada, a divorce can only be granted if there has been a ‘breakdown’ of the marriage established by living separate and apart for at least one year. Other grounds for divorce can include adultery or physical/mental cruelty. The Family Law Act of Alberta governs matters such as custody, access, child support, and spousal support, taking into consideration the best interests of the child.
Under the Divorce Act, you must prove that your marriage has broken down. This can be established by living apart for 1 year, committing adultery, or mental/physical cruelty.
Alberta’s Matrimonial Property Act dictates that most property acquired during a marriage must be divided equally, but certain property like gifts, inheritances, or property acquired prior to marriage may be excluded.
Child support is usually determined by Canada's Federal Child Support Guidelines, considering the income of the paying parent and the number of children. Spousal support is more complex and depends on various factors like each party’s income, length of marriage, roles during marriage, and more.
Divorce proceedings can take anywhere from several months to a couple of years or more, depending on the complexity of the situation and the extent of disagreements.
An uncontested divorce is where both parties agree on all issues, while a contested divorce involves disputes over aspects like child custody, property division, or spousal support.
You might find resources like the Legal Education Society of Alberta and Calgary Legal Guidance helpful for additional information and policy understanding. The Family Law Act of Alberta is also a useful public resource to understand specific legal provisions.
If you require legal assistance, you should seek out a lawyer experienced in family law. Many law firms in Calgary offer initial consultations, which can give you a better idea of the process and costs associated. It is crucial to select a lawyer with whom you feel comfortable discussing personal details and who comprehends your needs and concerns.
