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By LegalMatters Staff • There are many steps involved in obtaining a divorce in Canada, which is why most people seek legal counsel.
“The first thing to do is to ensure you are eligible to end the marriage,” says Edmonton family lawyer Sean Schaefer. “All divorces in Canada are governed by the federal Divorce Act, which states that the only ground for divorce is marriage breakdown.”
The Act states there are three ways you can show your marriage has broken down.
“If you have been living apart for one year or more, if your spouse has committed adultery, or if they have been physically or mentally cruel to you, you have the right to a divorce,” says Schaefer.
He says an uncontested divorce in Alberta takes about three months to be completed.
“This is the simplest and least expensive means of obtaining a divorce,” says Schaefer. “An uncontested divorce is also common with couples who signed a prenuptial agreement.”
If your divorce is uncontested, the first step is to submit a Statement of Claim for Divorce application to an Alberta court, he says.
“Once the Statement of Claim is completed and signed by the plaintiff it must be filed at the courthouse,” says Schaefer. “It will then be ‘served’ or delivered to the defendant by someone other than yourself, such as a friend, family member or a hired professional process server.”
After the service of the Statement of Claim, the defendant has 20 days (one month if they are out of province but still in Canada, and two months if outside of Canada) to dispute it, he says.
“If the defendant does not file a dispute, then you can complete other forms and a justice will look at the file,” says Schaefer. “As long as they are satisfied you have met all the conditions, they will sign a divorce judgment, with copies of that sent to both the plaintiff and the defendant.”
He explains a divorce takes effect 31 days after the judge grants the order.
“At that point, you can request a divorce certificate confirming the divorce and the date it took effect,” says Schaefer. “This is an important document because it proves you are no longer married. This certificate is also needed if you want to re-marry.”
