Introduction
Divorce is a difficult and emotional process, but it’s important to know that you’re not alone. If you’re considering divorce in Calgary, there are certain steps you need to take in order to protect your interests and achieve the best possible outcome. In this blog post, we’ll walk you through the grounds for divorce in Calgary, the process itself, as well as how property division and child custody/support work. Keep reading to learn everything you need to know about navigating the divorce procedures in Calgary!
The Grounds for Divorce in Calgary
In Calgary, there are only three legal grounds for divorce. The first ground is if the spouses have been living apart for at least one year and reconciliation is unlikely or impossible. This means that you and your partner must not have lived together as a couple during this period.
The second ground is adultery. If your spouse has cheated on you, this can be used as a reason to obtain a divorce in Calgary. However, it’s important to note that you’ll need evidence of the affair in order to use it as grounds for divorce.
The third and final ground for divorce in Calgary is cruelty or mental/physical abuse. If your spouse has been physically abusive towards you or caused severe emotional distress, then this can also be used as grounds for ending the marriage.
It’s worth noting that while these are the only legal grounds for obtaining a divorce in Calgary, they may not always be straightforward to prove or establish. It’s essential to speak with an experienced family lawyer who can guide you through the process of obtaining a divorce based on these grounds while protecting your interests throughout proceedings.
The Divorce Process in Calgary
The process of getting a divorce in Calgary can be overwhelming and stressful. However, understanding the steps involved can help ease some of the anxiety.
The first step is to file a Statement of Claim for Divorce with the Court of Queen’s Bench. This document outlines details about both parties, including names, addresses and reasons for seeking a divorce. Once filed, it must be served to your spouse.
After receiving the Statement of Claim for Divorce, your spouse has 30 days to file a Response indicating their agreement or disagreement with the claims made in your statement. If they disagree or counterclaim is made against you then there will be court proceedings.
If there are no disagreements between you and your spouse regarding issues such as child custody/support or division of property then an uncontested divorce may proceed by filing an Affidavit of Uncontested Divorce; this step speeds up the process considerably; however legal advice should still sought before filing any paperwork.
The main goal is to make sure that everything is handled legally and fairly according to Canadian law throughout every stage in order not create future problems which could cause pain on either side.
The Division of Property in Calgary
In Calgary, the division of property is based on the principles of equitable distribution. This means that marital assets and debts are divided fairly between both parties, although not necessarily equally.
The first step in dividing property is to identify all assets and debts accumulated during the marriage. This includes everything from real estate to bank accounts to retirement funds. Once identified, each asset and debt is classified as either matrimonial or non-matrimonial.
Matrimonial assets are those acquired during the course of the marriage while non-matrimonial assets include those owned by one spouse prior to getting married or inherited during the marriage.
After identifying matrimonial assets, they will be valued at their fair market value which may require the assistance of professionals such as appraisers or accountants. Then a determination will be made on how best to divide these assets fairly between both parties while considering factors such as each party’s contribution towards acquiring them.
When it comes to dividing debts, any liabilities incurred during the course of marriage will also be distributed equitably between both spouses regardless of whose name appears on them.
Ultimately, navigating through property division can get complicated so it’s important for individuals going through a divorce in Calgary seek out professional legal advice from an experienced family lawyer.
Child Custody and Support in Calgary
Child custody and support is often one of the most contentious issues in a divorce case. In Calgary, the courts put the best interests of the child first when determining custody arrangements. The primary caregiver or parent with whom the child has been living with prior to separation is usually awarded primary care.
There are two types of custody: legal and physical. Legal custody refers to decision-making authority for important matters such as education, healthcare, religion, etc., while physical custody determines where the children will reside.
When it comes to child support, both parents have an obligation to financially support their children following a divorce or separation. Child support payments are determined based on income levels and parenting time arrangements.
The amount paid can vary depending on several factors including income level, number of dependent children and access schedule. It’s essential that parents work together cooperatively in order to provide their children with stability during this difficult transition period.
In cases where there is disagreement over child custody or support issues, mediation may be necessary before going through court proceedings. Ultimately though, what matters most is ensuring that any agreements made serve the best interests of the children involved.
Conclusion
Going through a divorce can be emotionally and mentally draining. However, understanding the legal procedures involved in Calgary can help ease some of the stress that comes with it. It is important to seek professional assistance from an experienced family lawyer who will guide you through every step of the process.
Remember that divorce involves various issues such as property division, child custody and support which require careful consideration. Therefore, it is crucial to have a competent legal representative who understands your unique circumstances and can represent your best interests throughout the proceedings.
With this information at hand, you are better equipped to navigate through the divorce process in Calgary with confidence and peace of mind knowing that you have expert guidance on your side.
