Divorce is a complex and emotionally challenging process, and when you live in Red Deer, Alberta, there are certain laws and procedures you must follow to ensure that everything is handled properly. Whether you are considering filing for divorce or have already made the decision, understanding the legal framework and the steps involved can make a significant difference in the outcome of your case.
In this blog post, we’ll cover the key aspects of divorce law in Red Deer, from the grounds for divorce to the division of property, child custody, and support. By the end of this guide, you will have a clearer understanding of what to expect and how to navigate the divorce process in Red Deer.
Grounds for Divorce in Red Deer, Alberta
Under Canadian law, divorce is governed by the Divorce Act. In Alberta, as in the rest of Canada, there is only one ground for divorce: the breakdown of the marriage. This breakdown can occur in a variety of ways, but the most common reasons are:
- Separation for One Year: This is the most common ground for divorce in Alberta. If you and your spouse have lived separately for at least one year, either one of you can file for divorce. The separation must be continuous, meaning you cannot reconcile for a period of time during the year.
- Adultery: If one spouse has committed adultery, the other spouse may file for divorce immediately.
- Cruelty: If one spouse has treated the other spouse with physical or mental cruelty, the injured party can file for divorce immediately without having to wait for the one-year separation period. Similar to adultery, cruelty can be challenging to prove, and it may require evidence such as medical records or witness testimony.
The Divorce Process in Red Deer
Once the grounds for divorce are established, the legal process begins. The first step is filing a divorce application with the Alberta Courts. In Red Deer, the local court will handle all divorce proceedings, and you must follow the process set out by the court to ensure everything is done properly.
1. Filing for Divorce
To file for divorce in Red Deer, you will need to complete and submit a Divorce Application. This application includes details about your marriage, your separation, and any children of the marriage. You will also need to pay the filing fee, which can vary depending on whether you are applying for a joint divorce or an uncontested divorce.
2. Serving the Divorce Papers
Divorce papers must be served personally, by a third party not named in the Divorce Application. That third party must then swear an Affidavit of Service confirming that the other spouse was personally served. After being served, the Other spouse has 20 days to respond (if they were served in Alberta) failing which you may proceed to file the desk divorce package and request a divorce judgment.
3. Divorce Judgment
If the court is satisfied that all legal requirements have been met and any disputes have been resolved, the judge will issue a Divorce Judgment. This document formally ends the marriage and outlines any additional terms related to parenting and support.
Division of Property in a Red Deer Divorce
One of the most important aspects of a divorce is the division of property. Alberta follows the principle of equitable distribution, which means that assets and debts accumulated during the marriage will generally be divided fairly between both parties.
Family Property
In Alberta, family property includes everything that is acquired during the marriage, including:
- Real estate (homes, land, etc.)
- Financial assets (bank accounts, savings, pensions, etc.)
- Personal property (vehicles, furniture, etc.)
Excluded Property
Some property may be excluded from division if it was obtained before the marriage or as a gift or inheritance. However, even excluded property can sometimes be subject to division if it has increased in value during the marriage, especially if the increase was due to the efforts or contributions of both parties.
Spousal Support
In addition to dividing property, the court may also order one spouse to pay spousal support to the other. Spousal support is financial assistance provided by one spouse to the other after the divorce. The amount and duration of spousal support depend on several factors, including:
- The length of the marriage
- The financial needs of each spouse
- The ability of the paying spouse to provide support
- The standard of living during the marriage
Spousal support can be negotiated between the spouses or determined by the court if no agreement is reached.
Child Custody and Support in Red Deer
If children are involved in the divorce, their welfare becomes a primary consideration for the court. In Red Deer, as in the rest of Alberta, the best interests of the child are the guiding principle in decisions related to custody and access.
Child Custody
In Alberta, the term child custody has been replaced with parenting and decision making. Parenting can either be shared (both parents having at least 40% of the parenting time), or one parent can be the primary parent (having more than 60% of the parenting time). In most cases, decision making will be joint between the parents, unless there is a compelling reason for why one parent should not be allowed to participate in making decisions for the child.
Child Support
Both parents are required to support their children financially, even after a divorce. In Alberta, child support is typically determined based on the Child Support Guidelines, which set out the amount of support based on the income of the paying parent and the number of children involved.
Child support payments are intended to cover basic needs, such as food, clothing, and shelter. However, additional expenses, such as medical costs or extracurricular activities, may also be included in a special or extraordinary expenses agreement.
Final Thoughts
Divorce can be a challenging and emotional journey, but understanding the legal process and your rights can make a significant difference in how the experience unfolds. If you are going through a divorce in Red Deer, Alberta, it is important to work with an experienced family lawyer who can guide you through the process and help you achieve a fair and equitable resolution.
By familiarizing yourself with the key aspects of divorce law in Red Deer—grounds for divorce, the process, property division, child custody, and support—you can approach the process with greater confidence and clarity. While divorce is never easy, knowing your legal rights and options can help you navigate the process and move forward with your life.
