Which one is right for you between divorce and separation agreement

 

Divorce and separation are often used interchangeably, but are simply not the same. The clarification can be confusing and there are a vast number of reasons that can contribute to whether a couple decides to end their relationship. The laws surrounding this differ depending on where in the world you are, and it's important to understand the difference between separation and divorce.

What is Legal Separation?

When couples decide to end their relationship, they may start with something called a separation. Separation is completely different from divorce as you are still legally married to your spouse, even if you are living separate lives. Couples may decide to separate before divorcing for several reasons such as maintaining religious beliefs, keeping their family and children together, or for health insurance benefits that would be lost in the event of a divorce. Legal separation Edmonton does give an option to spend time away from a discordant marriage to explore the potential of working on the relationship.

What is Edmonton’s Law for Divorce and Separation?

Since the difference between separation and divorce can be tricky, understanding Edmonton Alberta law is crucial. In Edmonton, Alberta the law requires couples to be separated for at least one year prior to a divorce. Although there is no such thing as a legal separation, a separation agreement can be signed by both parties which is a contract that will list arrangements that need to be dealt with. Arrangements that may be outlined in the agreement are: where your children will live and how much time they spend with the other parent, how much child support will be paid, if any spousal support will be paid, and how will the property be divided. When couples separate, there is no need to get re-married as the couples are still legally married. Although lawyers may be involved in the process, it is handled between the attorneys and between the couples. The couple can at any point after the one-year waiting period decides to go through with the divorce, stay legally separated, or get back together.

Reasons for Divorce

Divorce occurs after a legal separation as a result of the breakdown of the marriage. Many people decide to get divorced for reasons such as irreconcilable differences, domestic violence, infidelity, substance abuse, and more. In Alberta, a divorce can be obtained for several factors such as adultery, cruelty, and after separation. When it comes to divorce, couples will no longer be legally married and any spousal support may be lost. Certain provisions will be put into place regarding spousal support, property ownership, and child custody.  

What is a Contested vs. Uncontested Divorce?

There are two types of divorces in Alberta; a contested and uncontested divorce. A contested divorce is a divorce the other spouse doesn’t agree to. The disagreement may be related to a divorce-related issue: the other spouse is still in love with the other spouse. A contested divorce can be lengthy and very costly, taking up a lot of court time and fees.

In an uncontested divorce, both spouses agree on all the arrangements within the divorce including child custody, support, spousal support, and marital property. When it comes to an uncontested divorce, each state and province will have certain requirements such as filling out paperwork, mediation, or parent impact seminars. Although some divorces are uncontested, some negotiations may continue throughout the legal process of ending the marriage. An uncontested divorce is less stressful, less money, and fewer court appearances. In an uncontested divorce, arrangements surrounding custody, access, and support have already been established.

How Do I File For Divorce?

In the event you would like to file for divorce there is paperwork on the Alberta government website to assist with the process. The Alberta Divorce Kit has a guide you can follow step-by-step with the specific forms needed to file. Since divorce can be contested or consensual, there are also forms available depending on sole or joint. The first thing to do is to file an Affidavit of Applicant for Divorce. There is a form available both for couples with children and without children on the Alberta Courts website. This form should be completed thoroughly and filed with the court, after which you will wait for a response from the spouse. In the event children are involved, the Child Support Data Sheet must be completed. This sheet documents all your income and expenses to establish child support. In Edmonton, Alberta, a Notice of Mandatory Seminar is required for every applicant and the spouse as they must attend a Parenting and Separation Seminar, complete the online seminar within three months of filing the divorce claim and receive a certificate of attendance after completion. Once the defendant receives the divorce paperwork, there are some forms they must fill out. In the event that the spouse would like to file a counterclaim for some of the property acquired over the course of the marriage, they can file a counterclaim for division of family property, a counterclaim for division of matrimonial property, and a counterclaim for divorce. If the defendant chooses not to file this paperwork, the judge may side with the plaintiff and they may get most of the property.

Conclusion

If you are seeking a separation or divorce from your spouse and confused about the process or how to proceed, contact a divorce lawyer at Kolinsky Law to help guide you through the process. The decision to divorce or separate should not be taken lightly and either can have some dire consequences. The lawyer at Kolinsky Law will be able to help you decide if you should choose a long-term separation agreement in Alberta that is reversible or take on a bigger decision of divorce, which would terminate the marriage entirely. Many couples start off with legal separation to try and work out their differences and sometimes get back together while others will separate for a while and ultimately end in divorce. Regardless of your choice, Kolinsky Law is there to help guide the way.