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No lawyer has influence over the duration of a divorce. Many elements come into play, however, the following are the most important:

• How fast the parties reach an agreement on major issues like property division, child custody, child support, spousal support, visiting rights, and so on.
• Whether or not the divorce is disputed and/or litigated.
• Whether the parties are willing to engage in mediation, arbitration, or negotiated settlement.
• If the matter proceeds to a Trial.

Your divorce will not be finalized until the judge signs the divorce order and the divorce certificate is issued. This might be as little as 8-12 weeks if everything goes smoothly, or it could be several months (or even years) if it doesn't.

Before and after a divorce, a father has the same parental rights as the mother. If joint custody of the children is part of the divorce agreement, it will be retained after the divorce. Both parents have equal parental rights to spend time with their children and make decisions regarding their moral development and upbringing. If either parent is given sole custody of the children, the non-custodial parent is usually given visitation rights and only has the ability to make decisions for the children while they are in his/her custody.

All of the following are considered marital property:

• Matrimonial residence.
• The vast majority of property or real estate is acquired during a marriage (with some notable exceptions).
• Accounts in a bank.
• Vehicles.
• Stocks, deposits, and bonds are all types of investments.
• Insurance policies.
• Property used for recreation.
• Pensions.
• Business interests.
• Valuable collections and furniture.
• Debts.

In Alberta, marital property and debts are divided equally between two divorced spouses or adult interdependent partners.

There are some kinds of property that are exempt from distribution. The following property is exempt from property division in Alberta:

• Assets that are a gift from a third party.
• Inheritance.
• Assets owned before the marriage or cohabitation.
• As award or settlement for damages in tort; and/or
• The proceeds received as a result of an insurance policy.

Talk to one of our lawyers today, on how you can protect your marital and exempt property after separation.

An uncontested divorce occurs when a couple agrees on all of the important aspects of the divorce agreement:

• Division of property.
• Custody and visitation rights for children.
• Child support.
• Support from your spouse.
• Any additional concerns.

Children's arrangements must be authorized by the court, however, an uncontested divorce may not necessitate a court appearance. Your divorce attorney may be allowed to represent you in court.

This offers a number of advantages to a contested divorce, including the following:

• Cost-cutting.
• Fewer delays - uncontested divorces might take weeks rather than months to conclude.
• Couples' stress levels are reduced.
• For youngsters, there is less anxiousness.

If you and your spouse have not reached an agreement on all of the problems in your divorce, you have numerous options:

• Mediation 
• Arbitration
• Litigation

In mediation and arbitration, skilled specialists are employed to help the divorce parties reach an agreement. The primary distinction between the two is that a mediator (who may or may not be a lawyer) does not make any judgments. It is still the couples' obligation to make the ultimate decisions. Both spouses agree to follow the arbitrator's judgments, who will analyze the case independently and provide a ruling based on his or her professional opinion. With litigation, each spouse employs a lawyer to defend their case in Alberta's Family Court, and a judge will rule on any unresolved problems in the contested divorce.

The term ‘common-law’ is often used to describe a couple that lives together, with or without children, but is not married. The term ‘common-law’ is no longer used in Alberta laws. In June 2003, a law was passed that created ‘adult interdependent relationships.’ This law is called the Adult Interdependent Relationships Act. The term ‘common-law’ is, however, still used by other governments in Canada. For example, the federal government still uses the term ‘common-law’ for income tax purposes or for the purpose of receiving federal government benefits. In these cases, there is a time requirement of only one year of living together (as opposed to the requirements under the Adult Interdependent Relationships Act).

In Alberta, there are several notable differences between marriage and common-law relationships.

The significant differences are as follows:

• Marriage requires that you be at least 18 years old, although you can get into a common-law relationship at the age of 16 provided you have written consent from a guardian.
• In order to marry, a couple must first apply for and get a marriage licence, followed by a formal ceremony. There is no ceremony or licence in a common-law relationship.
• Partners in a marriage may not be related to each other, but this is conceivable in a common-law relationship.
• Marriage is recognized by the courts in Alberta as soon as the ceremony is done, however for a common-law relationship to be recognized by the courts as adult independent partners, the two persons must have lived together for at least three years or have children.

There is no need for an official agreement for a legal separation to take place.

To be divorced in Alberta, your marriage must have ended and you must have one of the following:

• Separation for a year.
• Subjected to cruelty by your spouse.
• Victim of adultery.

In the absence of cruelty or adultery, the court must be satisfied that you have been separated for at least 12 months. This normally entails having distinct addresses, but it is not required (you can live apart at the same property). Your divorce can begin after the separation time is up, but it will not be finalized until you obtain the divorce certificate, which is the result of the judge signing the court order.

In Alberta, like in the rest of Canada, you must be separated for at least a year before applying for a divorce.

This is a form of separation/divorce in which the two parties decide to resolve issues without going through the courts. It involves a neutral third party (the mediator) helping you reach a self-determined and reasonable agreement regarding the separation in the presence of your lawyers. This process is frequently less expensive than litigation, less adversary, faster and you can settle your divorce on your own terms and with legal advice all the way.

An adult interdependent relationship can exist in three situations:

1. Two people have signed an Adult Interdependent Partner Agreement. (If two people are related by blood or adoption, they must sign this agreement to be considered adult interdependent partners).
2. Two people have lived together in a relationship of interdependence for three years or more.
3. Two people live together in a relationship of interdependence and have a child together, by birth or adoption.

A “relationship of interdependence” exists where two people:

• share one another’s lives; and
• are emotionally committed to one another; and
• function as an economic and domestic unit.

If grandparents are not permitted access to their grandchildren, they may make an application to the Court for access or visitation rights. From the court’s standpoint, the most important issue is the best interests of the child. In determining the best interests of a child, courts will consider all circumstances, including the love, affection, and emotional ties between the child and the grandparents, views and preferences of the child, ability and willingness of the grandparents to provide the child with guidance and education, and the relationship by blood or through an adoption order between the child and the grandparents.

To adopt a child, you usually must live in the same Province as the child and you must usually be at least 18 or 19 years old. You do not have to be married but, if you are, your spouse must also agree in writing that he or she wants to adopt a child. A husband and wife can make a joint application if either is over 18 years of age or if the child they wish to adopt is the biological child of either of them. These adoptions are critically important to all involved. We understand this importance and the sensitive nature of the process. We have seen what can happen when the requirements of the law are not adhered to strictly. We are prepared to assist clients in a respectful and prudent manner to navigate the legal and social waters to a successful adoption.

When one parent decides to relocate, it can have a profound effect on the child custody and access arrangement shared with the other parent. The Supreme Court of Canada has recently determined that a custodial parent cannot automatically move a child anywhere without the other parent’s consent. The decision to allow a child to be moved must be made in the best interests of the child. In most cases, a modification to parental agreements will need to be obtained when a parent decides to move away from where both parties live.