In June, 1986, the law in Canada, and likewise Calgary, was changed to make getting a divorce easier. You can now petition for divorce if you can prove one of the following three grounds: adultery, cruelty, or one-year separation. You cannot use your own adultery or cruelty as the ground for divorce; the adultery or cruelty must have been committed by your spouse. The vast majority of divorces proceed on the basis of one year separation. You can even start proceedings before one full year of separation and then obtain your divorce as soon as the full year has passed. A divorce lawyer, Calgary based, such as Wright Law can help this process go as smoothly as possible.
If there is no dispute between you and your spouse as to division of property, payment of support, or child custody and access, you can go ahead with an uncontested divorce. We will start by preparing the Petition for Divorce. The Petition is then filed in court and served on your spouse. If you do not know the whereabouts of your spouse, we can obtain a court order allowing us to serve the Petition on some other relative, or by advertisement.
If you have not previously signed a Separation Agreement, you should consider preparing a written agreement at the same time you obtain your divorce. Minutes of Settlement will spell out in detailed written form all the issues arising on a divorce. Some of these items, such as division of property, are not part of a divorce judgment. Minutes of Settlement will make certain and final all these outstanding issues so they will not be a problem in the future.
In an uncontested divorce, it is not necessary for you to appear in Court. If there are no complications, your divorce should take about three to four months from the time your spouse is served the Petition.