Do you want to dissolve your marriage amicably? If you reside in Edmonton, you should consider getting a joint divorce.
With a joint divorce, you can get a divorce that will be less expensive for both parties, need less time to resolve, and include fewer disputes.
Joint divorce assures that those who were once in a relationship can move on without any unpleasant emotions because both parties cooperatively agree to all the divorce terms.
In this article, you will learn how to file a joint divorce in Edmonton and how it differs from an uncontested divorce. You’ll also know why doing so is the best approach to terminating a marriage.
Let’s get started.
What is a Joint Divorce?
As mentioned above, a joint divorce is an uncontested divorce where both parties reach an agreement before going to court for a divorce. And instead of filing the divorce petition separately, they can take the option of doing it jointly.
In almost all divorce cases, the partners must go through the hassle of dividing the assets, debts, alimony and child custody or support. However, in a joint divorce, all these aspects are resolved outside court with the help of a divorce lawyer.
Therefore, you can get a divorce in the most amicable way possible with little to no conflict. Also, later in this article, you will find that the cost of joint divorce is way less than other categories of divorce. But most couples do not know about joint divorce as divorce is always portrayed as a war where you must fight to receive your part of the settlement.
When Can You Get a Joint Divorce in Edmonton?
Since Edmonton is the capital city of Alberta province, it follows the divorce law of Alberta. So, according to Alberta law of divorce, you are eligible to file for a joint divorce as long as you or your spouse is a resident of Edmonton for a year.
Again, the proceedings will move quickly, and you will get a divorce without any hassle if you live apart for at least a year.
However, a couple may not want to file a joint divorce if the foundation for the divorce is physical violence, threats, abuse or an extra-marital relationship.
How is Joint Divorce Different than Uncontested Divorce?
When you opt for the uncontested divorce, your lawyer will only represent you if you are the one filing for the divorce. In this type of divorce, only one party files the divorce, and the other party mutually agrees on the settlement.
There are still chances of dispute in an uncontested divorce which is not the case in joint divorce.
On the other hand, in a joint divorce, the chances of disagreement in the middle of the procedure or filing a dispute are pretty low as the couple discusses and agrees beforehand.
The stress level is also low in a joint divorce as the parties make decisions after a peaceful conversation, not an argument. Both parties are involved in arranging the papers, so there are fewer chances of hiding any facts from the other party.
How to File a Joint Divorce in Edmonton?
Let us tell you the general requirements for filing a joint divorce in Edmonton. There may have some changes in paperwork depending on where you live. Therefore, it is better to consult a joint divorce lawyer before heading to the court with your final papers.
Nevertheless, you must remember to keep the following materials close to you because any missing documents or false documents will result in the delay of your divorce proceedings.
Evidence of your marriage:
You must have a marriage certificate that proves that you are in a marital relationship with another person. While filing for a joint divorce, you must submit the marriage certificate. The Government should issue your marriage certificate.
However, the court may spare you from submitting the certificate if your marriage took place outside Canada.
But you still need a certificate to prove your marriage and a witness description.
Joint divorce proceedings become more effortless and take less time when you have a pre-nap in hand. You must submit the signed prenuptial contract in writing to offer the agreement when the court asks for it.
Since the pre-nap contains all the property agreements, there are no chances of dispute in joint divorce.
Financial Statement for Spousal support and child support:
If you are the bread earner of the family and your spouse had to compromise her career to take care of your family, the latter may ask for spousal support after divorce.
In that case, you must submit your bank statement and monthly salary to the court. After that, the court will decide the amount of money they will be awarded as spousal support.
Again, both the parents will have to show how much they earn regarding child support. It is wise to discuss the custody of the child about the meeting time, full charge, partial control and decision-making criteria for an underage child in a divorce.
How Long Does It Take to End a Joint Divorce in Edmonton?
Depending on the issues related to your marriage, for example, property distribution and child custody, your case may take 4 to 8 months. However, the duration may vary but will not exceed a year since there are fewer places for a dispute in such cases.
How Much Will It Cost to File a Joint Divorce?
We have already stated that a joint divorce will be less expensive since spouses file the divorce together. But what is the cost for other categories of divorces?
In Alberta, the contested divorce may cost you $24,000 because of the hearings and continuous visits to the court for the settlement and drafting.
In contrast, the joint divorce will cost you only $2000 when there is no child custody in the case. And it will cost you only $500 more for additional child custody paperwork.
To be on the safe side, we can give you an estimation of $3000 when your case requires both spousal and child support.
Hopefully, this article helped you to understand the basic legal terms of a joint divorce in Edmonton. However, it is better to consult with a joint divorce lawyer to know the specific requirements of your province. Your lawyer will help you go through the process of terminating the marriage cordially.
Moreover, it would help if you had a thorough conversation about dividing the asset, custody of the child and all everything you want to split that you own together before meeting the counsellor or the lawyer. This stage is essential as it prevents the thought of a sudden change of mind in one of the partners. Remember that agreement between parties is key to a successful joint divorce.