Divorce can be an emotionally, financially, and mentally taxing experience, made worse by the fact that the entire process seems extremely complicated. To try and alleviate at least some of the stress, we’re going to show you how to file for divorce in Calgary and the steps to take before and after that. 

We’re also going to break down the different forms to know and when to call divorce lawyers in Calgary or Alberta to help with your case. Without further ado, let’s get into it.

How to File for Divorce in Calgary

Before we get into how to file for divorce in Calgary, you should know that Alberta has a residency requirement. You must have been living in Alberta for at least one year prior to starting your divorce.

You also must be a Canadian resident to get a divorce under Canada’s Divorce Act. If you’re not, you might be able to end your marriage under the Civil Marriage Act, as long as both spouses meet the following criteria:

• Married in Canada
• The divorce can’t be carried out in the country where you or your spouse live because that country doesn’t recognize Canadian marriage

With that out of the way, let’s talk about the grounds for divorce stipulated in the Divorce Act.

Grounds for Divorce

When learning how to file for divorce in Calgary, know that you have to meet certain criteria to meet the grounds for divorce:

• You have lived apart from one another (have been separated) for at least one year
• Your spouse has committed adultery (been in an intimate relationship with someone else).
• Your spouse was physically or mentally cruel, making it impossible to continue the marriage.

Separation

Separation refers to when you and your spouse have lived apart for at least one year before a court makes a divorce judgment. Keep in mind that you can begin divorce proceedings during this one year. However, you must wait until a full year has passed before you can file for divorce.

Due to family or financial circumstances, you and your spouse might decide to live in the same residence during the year of separation. If so, you will be required to provide evidence that you were separated during that time. 

It’s also important to note that you’re allowed to resume the relationship with your spouse for up to 90 days during the one-year separation and still be able to obtain a divorce.

Adultery

If a married person has an intimate relationship with someone other than their spouse, that is considered adultery. If you have evidence that your spouse has committed adultery, you can file for divorce on that ground.

We bring up the evidence because adultery claims have to be proven in court with some proof or an affidavit signed by the person who’s committed adultery.

Cruelty

Cruely refers to when either spouse commits physical or mental cruelty against the other, including:

• Violence
• Constant verbal abuse (threats or insults)
• Excessive drug use
• Drunkenness

For cruelty to be considered grounds for divorce, it only has to occur once. Even though it only has to occur once, it also must be severe enough to make living together impossible. 

As with adultery, if cruelty is the reason for divorce, you can file a claim at any time, but you will need to provide evidence for your claim.

Separation Agreement

Most people who file for divorce also make a separation agreement, which notes all the agreements a couple has made about property division, spousal support, child support, parenting, and more. 

Statement of Claim for Divorce

The first step of the process begins with the Statement of Claim for Divorce document. The document outlines proposals for child custody, child support, and spousal support. It also outlines other claims made by the person who filed the form or the Plaintiff. 

Once the Statement of Claim for Divorce is completed, it has to be signed, taken to, and filed at the Courthouse.

Serving Divorce Papers

The next step in learning how to file for divorce in Calgary deals with serving the divorce papers.

With the Statement filed, it has to be “served” to the Defendant or the person who hasn’t filed it. The statement has to be delivered to the Defendant by someone other than the Plaintiff and it has to be done in person. 

If the Statement can’t be delivered personally or the Defendant lives outside of Canada, the Plaintiff can ask the Court for an Order for Substitutional Service. 

Disputing the Statement of Claim for Divorce

Once they’ve received the Statement of Claim, the Defendant has 20 days to dispute it. If they don’t file the dispute, the Plaintiff can go on with the other forms. 

If the Defendant doesn’t respond in the appropriate time, the Plaintiff can submit a package to obtain a Divorce Judgement. It should include:

• The original marriage certificate
• A copy of any orders or agreements relating to the divorce
• A copy of any previous Certificates of Divorce (if applicable)

If you have children, you will also have to include:

• Child Support Data Sheets
• Parenting After Separation Certification or Exemption Form
• Divorce Judgement outlining arrangements made for the children

Final Steps

With all of the necessary forms submitted, the Clerk will give your divorce file to a Justice to look at and once they’re satisfied with the documents and evidence, they will grant a Divorce Judgement. The Clerk will then take back that Judgement and mail a copy to the Defendant and the Plaintiff. 

31 days after the Justice has granted your Divorce Judgement, the divorce becomes final. Both parties can request a Certificate of Divorce, which is the final document of the divorce action. You will need this certificate if either of you want to remarry.

Final Thoughts on How to File for Divorce in Calgary

Learning how to file for divorce in Calgary is no simple feat and can be very taxing. It’s always best to get legal advice from a divorce or family lawyer.

Even if it’s a joint or uncontested divorce, Calgary divorce lawyers can help you collect, fill out, and file all the proper forms. They can offer guidance and assistance to get you through the entire process.

At Calgary Family Law Associates, we handle divorces of all kinds, from a simple uncontested divorce to complicated separations that require additional time and attention to complete. 

We can help you make decisions about your children, property, support, and other matters in whichever way is best suited to your situation, whether through the courts or through alternative dispute resolution.

Call Calgary Family Law Associates today to learn how we can help you get through your divorce.