What to Do to Prepare for Separation or Divorce in Alberta

Home Divorce What to Do to Prepare for Separation or Divorce in Alberta

Going through a separation or divorce is a difficult process. It can cause significant psychological and financial burdens for you and your family. Thus, making sure you are emotionally and legally prepared for a divorce can help lessen the emotional pain and guarantee that your rights are respected. Preparation is essential if you believe your relationship has reached a point where separating from your partner makes the most sense. Your plans will be determined by your ability to reach an amicable split. Furthermore, you can’t predict how your partner will react. So, we recommend carefully taking each of the actions below to ensure that you and your family are properly prepared for all possible outcomes.

1. Participate in Couples Counseling

Even if you are sure you will be filing for divorce, counselling can benefit you. Counselling is recommended under Alberta law before granting a divorce or filing for separation. Even if you’re not on good terms with your spouse, meeting with a marriage counsellor is an excellent opportunity to hear what you need to hear.

2. Consult a Family Law Attorney before Divorce

Before making any decisions, it’s essential to consult with a family law attorney. Many people may think they have valid reasons for wanting a divorce, but the law can be tricky in this area. An attorney can help you, and your spouse understands what grounds reasonably for a divorce and what the courts expect you to prove.

3. Talk about Parenting Arrangements

A divorce implies that you and your husband will share custody of your children on a set timetable. Many factors will influence the type of custody schedule, including:

Ages of your children
Causes of your divorce
Each party’s work and travel responsibilities

If you and your spouse can agree on dividing custody of your children, you will be ahead of the game when it comes time to formalize your separation or divorce.

4. Compile All Necessary Financial Documents

If you are married and filing for divorce in Alberta, your spouse is obligated to give you access to your financial data. This data includes, but is not limited to:

Documentation of income and employment history
Bank statements and investment statements
Credit card statements and loan statements
Tax returns
All written and digital communication between a spouse and their financial institution

If your spouse is not complying, your lawyer can file a motion to compel financial disclosure.

5. File for Separation with the Court

Lastly, once you have determined the grounds for your separation, filed for counselling, and talked about your parenting roles and how to handle support and custody, it’s time to file for legal separation in the courts of Alberta. You will need to submit your documents to the court and pay the filing fee. After these initial steps, you need to attend a hearing, where a judge will authorize your separation until a final divorce is granted.

Conclusion

Separation and divorce are never easy. But, with the right preparation, you can ensure that the process is less stressful and that your rights are protected. Divorce is a very personal matter, and the decisions you make on whether to separate from your spouse or to reconcile and how to proceed with your divorce are yours to make. Furthermore, it is essential that you consult with a knowledgeable and understanding family law lawyer who will listen to your goals, objectives, and circumstances and offer advice on how best to achieve them. You are not alone in this process. If you consider filing for divorce and need help finding a divorce financial planner in Alberta, do not hesitate to contact Alberta Divorce Finances today! They’re always there to help.