There are conditions when applying for divorce in Calgary that unfortunately, do not always cover everyone. Nonetheless, if you are still deciding about it but want to know the details of the process that is about to unfold, here is a list of divorce FAQs that everyone who are planning to file should know.
1. Can couples who were married outside Calgary, Canada file divorce?
Yes. Anyone who can prove that they have permanent address in Calgary can file for divorce in the province of Alberta. Even emigrants and immigrants can do so, for as long as they have official records of residence.
2. Does it include residents who are not yet Canadian citizens?
Yes. Citizenship is not an issue when filing for a divorce. Only, on top of the condition already mentioned above, either one of the couple should be residing in anywhere in Alberta for at least a year before the date of filing.
3. Is consent of the spouse a requirement in filing for divorce in Calgary?
No. The mere fact that your spouse does not want to give consent means you are already in a disagreement that concerns the bond of your marriage, in which case, you have to cite valid grounds for filing, such as adultery and cruelty.
4. What if the one who files the divorce is the one at fault?
If the spouse who files for the divorce is the one who committed the fault, he or she will be required by the court to live separately from the spouse first for at least one year. The same is applicable if both spouses committed a fault (or the same fault, like both spouses committing adultery).
5. What if the spouse cannot be located, will the divorce still push through?
It depends on the action that you will take to compensate for this. In this case, the court will order you to do every possible action first to locate your spouse, such as investigation, public announcement (e.g. advertisements), letters and messages. If all the actions taken fail, it is the only time when the court can give you order for substituted service, or the order that tells you to at least, try to inform your spouse even while the proceeding is already happening.
6. Can the contesting spouse still appeal after the divorce is granted?
Yes, but only within 31 days from the time the application for divorce is granted by the court. This is the period where all appeals regarding the decision can be filed. Beyond that, the decision is final.
7. Are the terms of divorce final as well?
Possibly. Although the decision is final, the terms may not be final even after years since the divorce is granted. These terms encompass child custody and support, visitation rights and spousal support.
For instance, child custody can still be awarded to the spouse who initially lost if it can be proven that the winning spouse is unfit for the responsibility. Likewise, spousal support may be cancelled or increased if circumstances regarding capacity to earn also change, given that it is within the terms covered by the separation agreement.