Best Estate Planning Attorneys in Calgary, AB

There are 3 grounds to file a claim for divorce in Canada. Those are (1) one year separation; (2) adultery (by the other party); and (3) mental or physical cruelty (by the other party).

If the divorce is uncontested, a divorce will usually take approximately 6 to 8 months. This is often dependent on the Court. If you and your former spouse cannot agree on custody, access (parenting) or support, then the divorce becomes contested, and can take much longer.

Mediation is a form or alternative dispute resolution. It is a voluntary process whereby two or more parties attend a meeting in an effort to reach a mutually agreeable resolution. The parties meet with a mediator who must be neutral and whose purpose is to facilitate the discussion and assist the parties come to a resolution. The mediator does not have the authority to make binding decisions.

Generally, if both parties attend mediation in good faith and with the intention of resolving their issues, there are many benefits to mediation: Less time consuming; More cost effective; Decision is reached by the parties themselves as opposed to a third party; Confidential; and Not bound by the rules of court and more flexible.

Arbitration is another form of alternative dispute resolution whereby two or more parties attend a meeting in an effort to reach a mutually agreeable resolution. If the parties are not able to reach a resolution, the arbitrator may make a decision on one or more of the issues. This decision is binding and may be entered as a Court Order.