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Divorce is one of the most traumatic events that any family can endure. This devastating process leaves families shattered and heartbroken. The bitterness and irrational, self-destructive emotions might lead many spouses to wage war against each other resulting in the utter destruction of everything they worked so hard to build in the past.
An uncontested divorce is a process where both parties have agreed to end the matrimonial engagement to move on with their lives in a civil manner and have reached an agreement on all the issues related to spousal/child support, properties or monies shared by both spouses, visitation rights where children are involved.
According to the Divorce Act (Canada), there are three valid grounds for divorce that can be used in Alberta and you must choose one to rely on when submitting your application
Most divorces in Alberta and Canada are based on this ground rule as it’s the most accessible route to take, requiring no substantial evidence to support your claim for divorce. You need to describe the breakdown in marriage and how it no longer serves both parties. Additionally, you must provide proof that you have lived in a different residence than your former spouse.
This ground may grant you a faster judgment for divorce if you can provide enough evidence to satisfy the judge that infidelity has indeed occurred. If your appeal is approved, you don’t have to wait one year for the judgment to pass through. If your spouse is not willing to admit to committing adultery and refuses to answer questions; they are protected by Alberta Evidence Act.
The burden of proof for mental or physical cruelty is the same as adultery regarding testifying the court that it has indeed occurred. Any evidence such as police reports, medical reports or witness statements, etc. indicating how and when the physical/mental abuse took place,
You can rely on us to help you go through this process and accelerate it so that you can move on with your life and focus on your future.
Do you still have any queries regarding our paralegal services? Stop wondering and book a FREE consultation with us right away. Just remember, we are here to FIGHT FOR YOU!