What is the process towards divorce in Alberta?i.e. Do we have to separate first for a set amount of time?What does a typical, fairly amiable divorce cost?
Just starting process
To actually get a divorce judgment, you will have to be living separate and apart. This is a two stage process, and you need not be separated for the first stage, which is starting the couapppropriate. But you must be separated for the second stage, which is applying in that court proceeding for the actual judgment. The most common grounds for divorce are being separated for at least one year, so you will need to meet that requirement for the final judgment to be granted. Or there would need to be evidnce accepted by both parties of either adultery, or cruelty from one spouse towards another, whcih are the other, much less common grounds for a divorce.If you have any children of your marriage that are still dependent, you will need to file proof that reasonable financial arrangements are in place for their support.It is not mandatory to have a lawyer for a divorce, but many find it easier than trying to learn the court forms and procedures necessary. Most law firms will quote a flat fee for a divorce, as long as nothing unexpected develops, like a spousal support claim, or some problem locating the marriage certificate or the other spouse for service of documents. Fees range widely from firm to firm, community to,community, but may be probably not less than about $1500, and may be twice that, which includes the court filing fees. Any lawyer that will not be very clear with you up front as to the fees and work involved should be avoided (and it would surprise me if there are many that would take such a position).I cannot refer you to specific lawyers through this site, as per site rules. You could speak with a family law lawyer through the Law Society referral program. This is free, and any initial interview is free also, and you need not hire any lawyer you meet with, but can get a more firm idea of the time and cost involved. The number is XXXXX 800 661 1095.
with over 15 years experience.
Please clarify what this statement means:
Sorry - auto-correct strikes again.
Should have stated it is a two stage process, and you need not be separated for the first stage, which is staring the court application.
So you can commence court documents for a divorce even if you are not yet separated. But for the second stage of actually seeking the divorce judgment, you will need to show a judge proof that the grounds for divorce exist. Those can be separation for a year, or adultery. So if there is an admission of adultery, as long as separation has occurred it need not be separation for one year and the divorce judgment can be granted.
Adultery would have to proceed with one spouse applying for divorce, and the adulterous spouse providing a document, sworn under oath, admitting to the adultery. This has wording basically saying that on such a such date, "I had sexual intercourse with a person, not my spouse", and that the spouse did not consent or give approval for this conduct. The other person in the affair is not named in the document.