Separating from your spouse could be scary and confusing due to the unexpected course that divorce can take. If you plan to divorce in Edmonton, Canada, you must take below several steps to end the relationship.
If you decide to separate from one another and end the relationship, you must have been separated for one year to obtain a divorce.
Hire an Attorney
You do not necessarily need a lawyer to represent you, but it is advised that you get one. It would be best if you made several decisions concerning your property cauldron and financial support. If you and your spouse agree on these crucial decisions, some documents will need to be prepared by a lawyer.
You will need independent legal advice for the agreement to be binding. And in cases where you and your wife disagree on some issues, an Edmonton divorce lawyer would be able to assist you with the divorce mediation services available to help you resolve any dispute between your spouse and you.
Statement of Claim for Divorce
A Divorce process usually starts with a Statement of Claim for Divorce. If you start the divorce, you will be the Plaintiff with your spouse being the defendant. If your spouse starts the divorce actions, they would be the Plaintiff, and you would be the defendant.
Serving the Defendant
After the Statement of Claim for divorce is filed at the courthouse, it must be served on the Defendant (your spouse). This means that it must be personally delivered to the defendant. Note that the Statement of Claim must be delivered to Defendant by any other person than you.
This could be a family member’s friend or a professional process server you hired to serve the documents.
Disputing the Statement of Claim of Divorce
After the service of Statement Claim, the defendant is given 20 days of one month if they are out of the province but still in Canada or two months outside Canada to dispute the Statement of claim. When the defendant does not file a dispute (Statement of Defense), you can go on with the inherent form.
The Signing of the Divorce Judgment
Next, the judge then gives the divorce file to the justice to look at. When the justice is satisfied with the evidence and documents presented, they will then sign the divorce Judgment.
Requesting a Certificate of Divorce
Thirty-one days after the Divorce Judgment has been signed, it will become final, and both parties can then request from the courthouse a Certificate of divorce, which is the final document of the divorce action.
That’s A Wrap
Divorce is usually heartbreaking and stressful. But you must contact an Edmonton lawyer in the event of a divorce. A good family lawyer will help you understand Edmonton divorce laws and try to assist you with a smooth process.
They would help you understand what you should expect during the divorce process, help you file the paperwork, and help prepare you for divorce. Moreover, should the case not sway in your direction, they would offer advises on the next steps to take.