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Experienced divorce lawyers in Calgary provide sound legal advice and competent representation in divorce proceedings, relationship breakdowns, parenting matters, child support, spousal support, and other family law matters.
Guiding Families Through Divorce
We understand how tough it can be when it comes to a family being split apart by the decision to separate or divorce. You will come up against a number of legal issues during proceedings in a family law or divorce process. It is often an emotionally and financially stressful process for everyone involved.
As experienced Calgary divorce lawyers, we always look at a situation with understanding, compassion, and professionalism. You will receive individual attention, sound legal guidance, and competent legal representation, so that your interests are well-represented.
Our Calgary divorce lawyers specialize in guiding clients through every aspect of the divorce process. We analyze your case and provide solutions to meet your needs.
Our professional and experienced lawyers will offer you the support, legal guidance, and representation you will need in an uncontested or litigated family law or divorce proceeding. We are here to answer any questions you may have to help you decide if our experienced lawyers are the right fit.
We take matters seriously and do our best to ensure you receive the best care and are well represented throughout the uncontested or litigated divorce or family law matter process.
At MM Law, we’ve seen firsthand that the reasons behind a divorce can vary widely. Some of our clients come to us after experiencing a breakdown in trust. Others have grown apart over time or faced ongoing conflict in their relationship.
Based on our experience handling a range of divorce cases, we help clients navigate the legal grounds found in the Divorce Act.
Understanding the grounds for divorce is key to moving your case forward with clarity and purpose.
Separation is a common ground for divorce in Canada. Under the Divorce Act, spouses must be separated and will have been separated for at least one year at the determination of the divorce proceeding. If the date of separation is contested, our lawyers can help you resolve the issue.
According to the Divorce Act, marriage breakdown may also be established if the spouse against whom the proceeding is brought has committed Adultery in the time since the marriage celebration.
Mental or Physical Cruelty refers to a situation where one spouse has treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.
An uncontested divorce occurs when both spouses agree on all major issues, such as division of family property, child custody, and support. This type of divorce is typically faster, less expensive, and less stressful, as it avoids court hearings and extensive legal disputes. Our lawyers assist with preparing and filing all of the necessary legal documents.
A contested divorce occurs when one or both spouses disagree on key issues like parenting arrangements, financial support, or how property should be divided. These disagreements may lead to court involvement. This process can be longer, more emotionally challenging, and more costly due to its complexity. Our team can guide and represent our clients through contested divorces, offering strategic legal representation throughout the divorce and separation process.
To file for divorce in Alberta, at least one spouse must have lived in the province for a minimum of one year immediately preceding the date of filing the Claim.
Grounds for divorce in Alberta include separation for at least one year, adultery, or mental/physical cruelty.
The process officially begins when one spouse files a Statement of Claim for Divorce with the Court of King’s Bench of Alberta. This document outlines the grounds for divorce and the relief being sought.
The party who has filed the Statement of Claim must serve the other spouse with his or her Statement of Claim for Divorce.
Once served, the other spouse (the Defendant) has a set period to file a Statement of Defence, a Counterclaim for Divorce, or a Demand for Notice. They can agree, disagree, or make counterclaims.
If the Defendant does not reply within the deadline set out by the Alberta Rules of Court, the divorce may move ahead by default. If disputes arise, they can be resolved through negotiation, mediation, or litigation.
If children are involved, parenting time, decision-making responsibility, and child support must be addressed. Spousal support may also be negotiated or discussed in mediation, arbitration, or the court system.
Property acquired during the relationship/marriage and not subject to other exemptions is generally distributed equally between the spouses unless it would not be just and equitable to do so, taking into consideration the matters in section 8 of the Family Property Act.
After the Divorce Judgment is granted, there is a 31-day waiting period before a party can apply for a Certificate of Divorce. Once the waiting period passes without appeal, a Certificate of Divorce can be requested. This official document confirms that the divorce is legally complete.
An experienced divorce lawyer assists clients through all aspects of the process, including filing legal documents, negotiating a settlement, and representing clients in mediation, arbitration, or court if necessary. They handle issues like parenting arrangements, decision making, spousal support, and property division, ensuring their clients’ rights are protected throughout.
The information depends on your situation and the issues that need to be discussed with the lawyer. For example, if you and your spouse have separated and you have a cohabitation, prenuptial, or postnuptial agreement, it is highly recommended that you provide your lawyer with the document before your meeting. Also, prepare a list of questions or concerns to discuss during the meeting.
The timeline for divorce varies, but in Alberta, you must live separately for one year to qualify based on separation. With cooperation from both parties, an uncontested divorce can take a few months to finalize. A Calgary divorce lawyer can represent you and guide you through the specific steps for your situation.
In Alberta, property acquired during the relationship/marriage and not subject to other exemptions is generally distributed equally between the spouses unless it would not be just and equitable to do so, taking into consideration the matters in section 8 of the Family Property Act. This includes, but is not limited to, real property, including matrimonial/family home/investment property; rental property; vehicles; financial assets; pensions and RRSPS; corporate/business interests; anything else of value that you own, including precious metals, collections, works of art, jewellery or household items of high value, and debts. Our Calgary divorce lawyers advocate for your financial interests.
Keeping your home depends on your financial circumstances and property agreements. A Calgary divorce lawyer can help negotiate or litigate terms that address a division of property while protecting your interests.
The cost of hiring a divorce lawyer in Calgary varies depending on the complexity of your case. Fees can include consultations, document preparation, and representation.
Yes, you can still get a divorce even if your spouse doesn’t agree. Alberta law allows divorce on the grounds of separation for one year or based on adultery or cruelty. A divorce and separation lawyer in Calgary can assist you with the necessary legal process.
Yes, many divorces are resolved without court appearances, particularly if both parties agree on all issues. This is known as an uncontested divorce, and the right family law firm in Calgary can help you prepare and file the necessary paperwork for a smooth process.