Divorce Residency Essentials to Get Divorce in Alberta
In Alberta, the individual filing for the divorce is called the petitioner, and the defending party is called the respondent. Either spouse can file for a divorce, or both can file together as “co-petitioners.” An uncontested divorce in Alberta is called an affidavit divorce. This just means that both spouses agree on the terms of the divorce.
When filing a DIY divorce, either online, by fax or in person in Alberta, the petitioner should file in whatever city or municipality that they live. In the case of co-petitioners, if each petitioner lives in a different city or municipality, you may be able to choose. If there are children of the union, filing at the location they live is required in many cases.
One requirement for any divorce in Alberta is that the marriage certificate needs to be presented. If neither party has this document, it is can be obtained from the Vital Statistics Agency. You do not need to wait for the document before beginning the filing process with OnlineDivorceSolutions.com.
The Divorce Act of Canada, passed in 1986, is an act that sets the grounds for divorce throughout the country. It lays out both at-fault and no-fault reasons for divorce and provides a basis for spousal and child support as well as child custody. It is important, however, to remember that debt and property distribution is covered under the laws of each province or territory.
OnlineDivorceSolutions.com provides all documents needed to file divorce papers under the Divorce Act. We also offer the separation agreement which covers the property and debt issues of a divorce. To process this portion of the divorce, you and your spouse will need to reach a full agreement on all property and debt issues. If you cannot reach this agreement, you will need to contact an attorney and proceed in that manner.
Residency Requirements for Uncontested Divorce in Alberta
You can file your divorce forms in the province or territory where either spouse has lived during the prior year. If there are children involved in the divorce, it will need to be filed where the children live.
Reasons for Divorce in Alberta
There are three distinct grounds or reasons for divorce in Canada. They include:
- Separated - This is a no-fault judgment. The spouses must have lived apart for a year. The divorce may be filed before the year has passed but a decision won’t be issued until after a year. It is possible for spouses to live in the same home as long as at least one of the spouses intend for there to be separation implied. This is not usually questioned.
The second and third grounds for divorce are only available to the person that files; meaning that the one who committed the act cannot file for divorce. These other two grounds don’t have a waiting period but may be more difficult to establish.
Property Distribution in Alberta
Because property and debt division are covered by territorial or provincial law, this will vary from case to case. It is generally understood that property obtained during marriage is shared and there is some mechanism utilized to divide it. An agreement for distribution must be met for spouses to utilize OnlineDivorceSolutions.com for an online divorce.