We’re With You All the Way As You Take the Next Step Forward
Divorce is a legal process between two married people who officially end their marriage. However, countless Court Applications are not necessary to finalize a divorce. At McLean Legal Family Lawyers, we can offer solutions to amicably end your relationship. We’re here to support you through this difficult period with legal counsel and guidance so that you can experience a brighter future.
Parenting & Child Custody
Child custody means the legal rights and responsibilities each parent has towards their children’s care, while parenting refers to the time spent with the children without the other partner being present. Child custody should always be made in the children’s best interests, considering their children’s physical, emotional and psychological safety, and needs and circumstances. There are various types of custody agreements, including sole, joint and shared.
Grounds For Divorce in Alberta
In Alberta, there are three legally accepted grounds for divorce: separation (which occurs after spouses have lived apart for at least one year), adultery (when one of the spouses has sexual relations with someone other than their spouse) and cruelty, which includes mental and physical harm. Even if there is more than one ground, only one is required for a divorce.
Our Calgary divorce lawyer can guide you through any complex divorce process. First, you’ll have to prepare a Statement of Claim for Divorce before filing it to the Court. The spouse who filed the divorce is named the “Plaintiff” and must “serve” the other spouse (the “Defendant”) before allowing them to respond to the dispute or seek a resolution. If no resolution can be obtained, the Court will review the case and make all of the decisions. Spouses will receive a Certificate of Divorce when finalized.
Divorce can be difficult for children, which is why it’s important to support them during this process. Parents should be honest about why the divorce is occurring without blaming the other spouse while always presenting a united front when together. Children will need reassurance and help with their own feelings and should never be pressured to take sides. McLean Legal can help you with guidance on how best to support your children.
An uncontested divorce with no children or property to divide, and no spousal support claim, may not require a divorce lawyer if you can navigate the Court forms/process. However, if dividing property, discussing child and spousal support, or parenting, it’s best to get legal counsel.
The price of filing a divorce, divorce lawyer fees and Court costs depend upon each case’s unique circumstances. It’s best to consult with our lawyers for this information.
Spouses will need to be separated for at least one year before a divorce agreement is made. It can take between three to six months for the divorce to be granted. It is possible to quicken the process in limited circumstances, but it requires an Application and a Court Order.