Divorce can be a daunting thought. It’s every happy couple’s worst nightmare. Unfortunately, there are times and circumstances when a divorce is the only remaining option. At such a point, you should be preparing for divorce instead stressing about it or going into a panic attack.
If you realize that the marriage is not working out anymore, or you don’t want this marriage, your best bet is to get a divorce.
However, the procedures for divorce vary in provinces depending on the law and requirements. In this article, we discuss the method of filing a divorce in Edmonton, Alberta.
Steps for Filing a Divorce in Edmonton
The process is almost the same as the standard process of filing for a divorce. However, there may be some differences in terms of the laws and requirements compared to other provinces/territories. Following is a step-by-step guide to the process of filing for a divorce in Edmonton:
Step 1: Statement of Claim
The procedure for a divorce will always start with the document “Statement of Claim for Divorce.” The person initiating or appealing for the divorce will be considered the Plaintiff, and their spouse will be regarded as the Defendant.
Another similar document can be used for a divorce, which is called the “Statement of Claim for Divorce and Division of Matrimonial Property.”
The second document mentioned will also deal with property division after a divorce. However, this document is not considered mandatory.
Step 2: Returning the Statement of Claim for Divorce
The Statement of Claim for Divorce needs to be signed and taken, and submitted to the Courthouse once it has been completed. This is a mandatory step to move the divorce procedure forward.
Step 3: Serving the Defendant
The Statement of Claim for Divorce has to be served to the Defendant after completing and filing at court. As mentioned earlier, the Defendant will be determined by who initiates the process. This requires the document to be delivered personally to the Defendant.
The Statement of Claim for Divorce can’t be personally delivered by Plaintiff and must be delivered personally by someone else.
Someone from your family or friends can do it. You can hire a professional process server to make this legal document delivery for you.
However, if serving the Defendant personally is impossible or too difficult, you can ask for a Substitutional Service from the court that enables you to serve them in a different method.
If the Defendant is living outside Canada, on the other hand, you have to get a court order to have them served outside Canada.
Step 4: Disputing the Statement of Claim for Divorce
After the Statement of Claim has been served, the Defendant will have 20 days (if they are in a different province, 1 month, and 2 months for defendants outside of Canada) to dispute the Statement of Claim for the divorce.
If the Defendant chooses not to file a Statement of Defense or a dispute, the Plaintiff can move on to other forms. If the grounds for divorce is one year of separation, it’s essential to ensure that no less than one year has already passed before you move on to this.
The Plaintiff can file a Sworn Affidavit of Service, Request for Divorce, Affidavit of Applicant, Noting in Default, and a proposed Divorce Judgement if the Defendant fails to respond within the allocated time. The affidavit has to include the following things:
- Original marriage certificate
- Copy of any agreements or orders regarding the divorce
- Copy of previous Divorce Certificates (If any and applicable)
If the couple in question has any children, the Child Support Data Sheets, a Parenting After Separation Certificate or Exemption Form, and a Divorce Judgement with specified arrangements for children also need to be included.
Step 5: Signing the Divorce Judgement
The clerk, at this point, hands the divorce file over to the Justice for consideration. If the Justice is satisfied with the evidence and documentation presented, they will sign off on the Divorce Judgement. Upon successful signage, the document will then be returned to the clerk.
They will then send individual copies of the Divorce Judgement to the Defendant and the Plaintiff at the address they provided while requesting a divorce. This entire process can take around 4-6 weeks under normal circumstances.
Step 6: Request a Divorce Certificate
The Divorce Judgement becomes final 31 days after it was signed. Both the Plaintiff and the Defendant can request the Divorce Certificate from the Courthouse at this point. This certificate serves as the final document for the action.
This certificate is vital for both parties since it validates that they are no longer married. It’s also required if one or both of them decide to get re-married.
Hopefully, this article has been able to clarify the steps, measures, and conditions to complete an unpleasant task such as filing for a divorce. We wish for all the couples to live in perfect harmony. Unfortunately, if they have to go through a divorce, they should do it the right way.