Divorce can take three forms in Alberta: contested, uncontested, and joint. Of the three, a joint divorce has the most potential to cause the least amount of stress and yet most couples remain unaware that joint divorce is an option.
A joint divorce is available if at least one of the parties has been a resident of Alberta for one year prior to filing the Joint Statement of Divorce. As with a contested or uncontested divorce, an acceptable basis for the divorce is the breakdown of the marriage and the subsequent separation from the marriage for at least one year. However, the grounds of cruelty and divorce-viable grounds for divorce in contested and uncontested divorces-are unavailable for joint divorces.
Assuming the aforementioned conditions are fulfilled, then the joint divorce ought to be considered as it is the least acrimonious option for divorcing couples that are willing to work together and interested in finalizing their divorce in the most efficient manner. During a joint divorce, the spouses apply for a divorce together, sign a Notice of Family Claim, and cooperate during the process of all matters related to the divorce.
Even though a joint divorce incorporates cooperation, it is still vital to retain knowledgeable and experienced counsel to ensure that all outstanding issues are settled fairly. At Proskiw Law, we specialize in all areas of family law, including joint divorce. Contact Proskiw Law to book your free 30 minute consult with a lawyer.