Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Divorce and separation are significant legal processes that mark the end of a marriage or common-law relationship. In Stony Plain, Alberta, these matters are governed by both federal and provincial laws. The Divorce Act (a federal law) covers the legal dissolution of marriages, while matters such as property division, child custody, and spousal support are guided by Alberta's provincial legislation, primarily the Family Law Act and the Matrimonial Property Act. The process can involve complex legal, financial, and emotional considerations, making it essential for individuals to understand their rights and obligations.
A lawyer can provide essential support and guidance during the divorce or separation process. Common reasons to seek legal advice include:
Legal issues can quickly become complicated, especially if there is disagreement between the parties or when children are involved. A lawyer helps to ensure that your interests are represented and the process proceeds as smoothly as possible.
In Stony Plain, divorce is subject to both federal and provincial law:
Local court services and family law assistance programs are available in Stony Plain and surrounding areas to help couples navigate these laws.
In Alberta (and across Canada), the most common ground for divorce is living 'separate and apart' for at least one year. Adultery and cruelty are also legal grounds for divorce, but they require evidence.
Yes, it's possible, especially if you are maintaining separate lives under the same roof. However, you must prove that your relationship has ended, and you are living "separate and apart" in the same household.
Separation is when spouses live apart with the intention of ending their relationship. Divorce is the legal dissolution of a marriage, allowing both parties to remarry if they wish.
Property acquired during the marriage is usually split equally under the Matrimonial Property Act. Exemptions may apply to property owned before marriage, gifts, or inheritances. Common-law couples face different rules; generally, only jointly owned property is divided.
Decisions about where children will live and who makes decisions are based on the best interests of the child. Joint custody is common, but arrangements vary depending on family circumstances.
Child support is calculated using federal or provincial guidelines, based on the paying parent’s income. Spousal support depends on factors such as length of the marriage, roles during marriage, and financial needs.
Not always. Many couples resolve issues through negotiation, mediation, or collaborative law. However, if disputes can't be resolved, a court may be necessary.
Yes, legally binding agreements can address issues like support, property division, and parenting. It's essential to get these agreements reviewed by a lawyer.
Generally, debts incurred during the marriage are divided equally between both parties, regardless of whose name they are in, unless otherwise agreed or ordered by the court.
An uncontested divorce can take several months to finalize. Contested cases with disputes over property, support, or children can take longer, sometimes over a year.
Several organizations and government services are available in Stony Plain and Alberta to assist people facing divorce or separation:
These resources offer information, legal guidance, mediation, support groups, and assistance with navigating court processes.
If you are considering or facing divorce or separation in Stony Plain, the following steps can help you move forward:
Taking these steps will help you protect your rights, make informed decisions, and ensure the best possible outcome for you and your family during this challenging time.
