You have made the decision to file for divorce. Now what? For most the process is a mystery and can be the cause of significant confusion and apprehension. When you are prepared to get divorced, you must file a Statement of Claim for Divorce – this is a legal document and you can consult with Alberta Courts website for more information with respect to what needs to be in that particular document. After you have drafted your documents and are satisfied with them, you must have them filed at the courthouse and you will then be given a court file number. There is a filing fee associated with commencing a Statement of Claim for Divorce and you will have to pay it at the time you are having your documents filed at the courthouse. Once you have a filed copy of your Statement of Claim for Divorce, you must serve it on your ex-partner. These documents, unless you have a Court Order, must be served personally on your ex-partner. Once served, your ex-partner will have twenty days to respond to your Statement of Claim for Divorce. If they do not respond, there are legal steps you can take to move the divorce forward without their involvement.
The filing of a Statement of Claim for Divorce is legally known as a Pleading. It simply starts the process. Your divorce is considered complete when you receive a Divorce Judgement and a subsequent Certificate of Divorce. In the usual course, you would receive your Divorce Judgment and Certificate of Divorce once all of the ancillary issues to your divorce (i.e. child support, spousal support, custody, access, property division) are all completed.
Our Calgary Family Law Lawyers are happy to discuss the divorce process and avenues available to resolve all of the ancillary issues that must be resolved for you to get divorced.