How long does a Divorce take in Alberta?

Divorce can be hard and emotionally draining. It is important to know how long a divorce takes to be granted. This information can help those going through this change. In Alberta, the time it takes to finalize a divorce depends whether the divorce is contested or uncontested, the complexity of the issues, quality of your service provider and how efficiently the court system operates.

This article aims to provide an overview of factors that influence how long a divorce takes in Alberta. You will gain insights into the different types of divorces, the necessary legal requirements, and potential delays that may arise. Whether you are considering divorce or are already in the process, this guide will help you better understand what to expect and how to navigate the journey ahead.

Contested vs Uncontested

An uncontested divorce is a type of divorce where both spouses agree on all major aspects of the separation, including issues involving parenting, support and division of assets (if applicable). In an uncontested divorce, there are no disputes that require court intervention, making the divorce process typically faster, simpler, and less costly compared to a contested divorce, where disagreements must be resolved through legal proceedings.

It is also important to note that a divorce is also considered uncontested if the defendant (the spouse who did not initiate the divorce) is served with divorce papers and chooses not to respond within the specified legal timeframe. In this case, because there is no response or challenge from the defendant, the divorce proceeds as though both parties are in agreement, even though the defendant hasn’t actively consented. This lack of response is treated as a “default,” meaning the court may grant the divorce based on the plaintiff’s (initiating spouse’s) terms. This type of uncontested divorce can simplify the process by avoiding lengthy disputes or court hearings, although it’s essential that the plaintiff ensures proper service of documents to uphold legal requirements.

An uncontested divorce can often be completed quickly in as few as 3 to 5 months. In contrast, contested divorces, where disputes exist over terms like custody or support, divorce processing times can extend beyond a year due to the need for court intervention.

Joint vs Regular

There are variations such as regular and joint divorces. A joint divorce, where both parties file together, can sometimes expedite the process as it demonstrates mutual consent and reduces paperwork. On the other hand, a regular divorce, filed by only one party, may take longer if the other spouse does not cooperate or contests terms. Each type has different requirements and timelines, so choosing the appropriate type based on your circumstances can help achieve a smoother, faster outcome.

Grounds for Divorce

A primary requirement for divorce in Canada is the separation period. To finalize a divorce, spouses must be separated for at least one year. This rule serves as a waiting period to allow for possible reconciliation. The only exceptions are cases filed on grounds of cruelty or adultery, where the divorce may proceed without the one-year separation.

Complex Issues

When a divorce involves additional complexities such as property division, parenting, or support arrangements, the process can be significantly lengthened. While uncontested divorces without property issues are generally straightforward, adding these elements typically means additional court review, lengthening the time to finalization.

Court Backlogs

Court backlogs can also affect how quickly your divorce will be processed. Some courts in Canada handle a high volume of divorce cases, leading to longer waiting times for finalizing documents and scheduling necessary hearings. This backlog can vary significantly depending on the location of the court handling the case.

Service Provider

The quality and efficiency of the service provider managing your divorce can also impact the timeline. Choosing a reputable, experienced provider can streamline the process and prevent unnecessary delays. Researching the provider’s track record and reviews can help ensure that your case is handled efficiently and professionally.

Processing Times for Uncontested Divorces in Alberta

It usually takes about 3 to 5 months to process if the Defendant is served in Alberta or if both parties file a joint divorce. If the Defendant is served in another part of Canada, it usually takes an extra month. If the Defendant is served outside of Canada, it can around 2 months longer. Add approximately 1 extra month if there are children.

To illustrate and assuming the parties have been separate for over one year:

• Statement of Claim for Divorce: Begin by filing the Statement of Claim for Divorce and serving it to the Defendant.
• Serving: Once the Defendant has been served, you need to give them time to respond. The response period is 20-days if served in Alberta, 30 days if served elsewhere in Canada or 2 months if served out of country. Of course, if you file for a joint divorce, you do not need to serve or wait for the Defendant to respond.
• Granting of Divorce: It usually takes 6 weeks to 4 months for a divorce to be granted once the final documents are filed. Processing times can be slower during the summer months and during Christmas because of staff holidays. Divorces without children generally are processed faster than those involving children. Some smaller Court Houses may be able to grant a divorce more quickly.
• Clearance Certificate: A delay may occur because a divorce can’t be finalized until there’s confirmation from the National Divorce Registry that no prior divorce applications are pending. If you or your spouse previously started a divorce that hasn’t concluded or been discontinued, you’ll need to finish or cancel it before proceeding with the current one. It often takes over six weeks to receive a Clearance Certificate, which is necessary for granting the divorce. If there is a duplicate action, it can take around 3 to 6 weeks to resolve provided all parties cooperate.
• 31 Days Later: In Canada, a divorce becomes final 31 days after being granted, unless appealed. If no appeal is made within those 31 days, a Divorce Certificate can be requested.
• If you plan to remarry outside of Canada, please let us know. We will help you get an International Divorce Certificate.

How Quickly Can You Obtain a Divorce in an Emergency?

If both spouses consent to the divorce, it can significantly expedite the divorce processing time. The 20 days to 2 months response period and the 31-day appeal period can both we waived. Additionally, applying to appear before a Judge can further save time.

Delays That Impact How Long It Takes to Finalize Your Divorce

It is important to highlight that technical issues can affect how long it takes for your divorce to be granted. For instance, if paperwork is prepared incorrectly, it may lead to delays or even rejection by the Judge. Additionally, the Judge could reject the divorce if they are not satisfied with the parenting arrangements or support. Over the last 30 years, we have experienced additional delays caused by striking workers, staff shortages, hiring freeze, new computer systems, and Covid. Therefore, we recommend people not make plans to remarry until they are divorced.

Free Consultation

For an accurate timeline tailored to your situation, consider reaching out for a consultation. An experienced professional can assess your case and give you a more precise estimate how long it currently takes to get a divorce in Alberta based on your unique circumstances. Contacting our office can help you understand the process and prepare for the steps involved in achieving a smooth and timely divorce.