Calgary: (403) 560-8550
Edmonton: (780) 761 1277
Red Deer: (403) 986 9626

A Step-by-Step Guide to a Divorce in Calgary

To start your legal battle for divorce, here is a step-by-step guide to filing a divorce in CalgaryCalgary Divorce

1. Check if you are qualified

Before you invest your time and money, check first if your situation is qualified for a divorce to begin with. There are only two conditions before you can be allowed to file, and either of them will suffice.

First, you and your spouse have to be literally living separately for at least a year before the filing because of marital differences (not because of professional circumstances or whatsoever). This is a basic and simple criterion as the court does not require any supporting evidences of the set-up.

However, the court will still consider your situation even if you and your spouse are still living under the same roof but only if you can submit evidences and testimonies that the set-up is either for the benefit of your kids or is only physical in existence and not emotional, sexual and financial. Under these circumstances the proceedings might take months longer.

Second, there should be an act of adultery or cruelty committed so you can file with or without the one-year separation. However, both situations need sufficient evidence to corroborate the claim, and that can significantly extend the proceedings.

Cruelty is easier to prove as domestic violence cases filed against the spouse or certified psychological evaluations are accepted by courts as evidences. However, for the allegation of adultery, the process might be long and tedious, especially when evidences are not obvious. It will also cause problems if the spouse categorically denies it.

2. Get a divorce application form

The entire legal procedure, options and your rights are also indicated in the form. You can buy this in most bookstores or obtain it from a court office, law office or family law information center. It is important that the form comes from Calgary because other provinces have other sets of form.

3. File the form in the court

This is the longest part, but surprisingly, court appearance is seldom needed if there is no contest from the other party involved. Usually, lawyers take care of everything, so you only need to wait for the response of your spouse within 30 days. Your requirements will be sent back to you through your lawyer or the law office if the court deems them incomplete.

4. File your final documents to the court

If after 30 days there is no contest received, you will receive a confirmation that your Affidavit for Divorce, Clerk’s Certificate and Divorce Order are ready for filing to the court. In as fast as a month, your Divorce Order might be released by the judge if the divorce is approved.

5. Wait for your Certificate of Divorce

Filing a divorce in Calgary will only be formalized once you receive the Certificate of Divorce 30 days after the Divorce Order is released (the time allotted is dedicated for appeals). If no last appeal is filed by your spouse during such time, you will be free to get married again.

Calgary Office

#125 6707 Elbow Drive SW
Calgary, Alberta
T2V 0E5
Phone: (403) 560-8550

Red Deer Office

#100 4781 – 49 Street
Red Deer, Alberta
T4N 1T6
Phone: (403) 986 9626

Edmonton Office

#204, 3456 - 91 Street NW
Edmonton, Alberta
T6E 5R1
Phone: (780) 761 1277