Divorce has many difficulties, including arguments between the spouses. But if you and your spouse are on the same page about ending your marriage amicably, a joint divorce Alberta might be the right path for you. Then comes a question, how to file a joint divorce in Alberta? We will provide answers to this question in this guide.
What is Joint Divorce?
A joint divorce is a collaborative approach to dissolving a marriage. In this process, both spouses agree on the divorce terms, including property division, spousal support (if applicable), and child custody arrangements (if you have children).
What is the Grounds for Joint Divorce?
While there are three grounds for divorce in Canada, only one applies to joint divorce: separation. Both spouses must have lived apart for at least one year (with a brief reconciliation allowed) before filing for a joint divorce.
What are the Motives for Joint Divorce?
There are several reasons why couples might choose a joint divorce. Mostly, they want to minimize conflict, save money, and maintain amicability.
- Minimize Conflict: By working together on the same terms, you can avoid the stress and hatred of a contested divorce.
- Save Money: Joint divorces are generally cheaper than contested divorces, which involve lawyers battling it out in court.
- Faster Resolution: Agreeing on terms avoids lengthy court battles, leading to a quicker divorce finalization.
- Maintain Amicability: If you have children, a joint divorce can help you co-parent more effectively.
A joint divorce can be a smoother path for couples, prioritizing a respectful and cost-effective end to their marriage for the best future of their children.
Qualifying for a Joint Divorce Alberta
Thinking a joint divorce might be right for you? While it seems anyone could choose this path, Alberta has specific criteria.
Residency Requirement
One spouse must have lived in Alberta for at least a year before filing. This one-year window starts before submitting the joint divorce application.
Separation Requirement
You and your spouse must have been separated for at least one year without cohabitation (brief reconciliations might be allowed). Meeting these criteria allows you to move forward with a potentially smoother and more amicable divorce process.
How to File a Joint Divorce Alberta?
There is a five-step process for a joint divorce Alberta. Here is the step-by-step guide:
Step 1: Meet the Eligibility Criteria
One spouse must have resided in Alberta for at least a year before filing. The grounds for divorce must be separation for one year (with a brief reconciliation period allowed).
Step 2: Reach an Agreement
Discuss and agree on all aspects of the divorce, including property division, spousal support, and child custody (if applicable).
Step 3: Complete the Required Forms
The Alberta Courts website provides instructions and forms for joint divorces with or without dependent children.
Step 4: File the Documents
File the completed forms with the Court of Queen’s Bench along with your marriage certificate and a filing fee of $260.
Step 5: Wait for the Divorce Judgment:
The court will review your application. If everything is in order, a judge will grant the divorce judgment after a waiting period.
What Steps Do Lawyers Take for Joint Divorce?
To simplify your joint divorce process, your lawyer will need your information. We have listed the required checklists:
Essential Documents
- Original marriage certificate (or wedding details and witness information if your marriage was outside Canada)
If You Have Children
- Parenting plan outlining custody and access arrangements
- Proof of income from both parties
- Agreement on child support, including contributions for additional expenses (activities, education, healthcare, childcare)
- Parenting After Separation Certificate (for each parent)
If Spousal Support Applies
- A clear breakdown of your spousal support agreement
Why is Joint Divorce the Right Choice?
A joint divorce allows you to maintain control over the process and avoid the combative nature of a contested divorce. It also:
- An amicable approach minimizes stress and hatred for both spouses.
- Saves money compared to contested divorces with lawyers battling it out.
- Avoids lengthy court proceedings.
- Less conflict creates a more stable environment for children.
- Easier co-parenting when parents can communicate effectively.
The Difference Between Joint Divorce and Uncontested Divorce
Feature | Joint Divorce | Uncontested Divorce |
Initiating Process | Both spouses file together | One spouse files, other spouse agrees |
Level of Involvement | Both spouses actively participate | The initiating spouse may take the lead, but the final agreement requires consent from both |
Symbolism | Represents a more collaborative and unified approach | Reflects agreement but may not emphasize teamwork as much |
Example | A couple agrees on all terms and decides to file the paperwork together | One spouse initiates separation, but both agree on the terms of the divorce |
Conclusion
A joint divorce can be a smooth and amicable way to dissolve your marriage in Alberta. If you and your spouse are on the same page and prioritize a respectful separation, this might be your best option. Remember, consulting with a lawyer is always advisable to ensure you understand your rights and obligations throughout the process.
FAQs
What is the processing time of a joint divorce?
In Alberta, the processing time for a joint divorce typically ranges from 3 to 8 months. This depends on the court workload and service speed of delivering paperwork to your spouse. Uncomplicated cases can be faster, as in 2 to 3 months. Consulting a lawyer can help speed up the process even more.
How to separate from your spouse while living together?
If you have to share a space, create clear boundaries. Separate bedrooms are ideal but designate separate times in common areas if needed. Discuss finances and open separate accounts. Communication is key – be clear about expectations and respectful of each other’s space.
What is the cost of joint divorce in Alberta?
A joint divorce in Alberta can be significantly cheaper than a contested one. Expect to pay between $2,000 and $3,000, depending on complexity. The cost might increase slightly if you have children or spousal support involved. Consulting a lawyer upfront can help clarify the final cost based on your situation.
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