What Happens After You File for Divorce?
Filing for divorce begins a legal process that can involve several additional steps before a divorce is finalized. The exact process depends on whether the divorce is contested, whether children are involved, and whether issues such as support or property division have already been resolved.
Serving the Divorce Documents
After divorce documents are filed, the other spouse generally needs to be formally served according to the applicable legal requirements.
The person filing for divorce cannot simply assume the other party is aware of the proceeding. Proper service provides confirmation that the documents were delivered and gives the other spouse an opportunity to respond.
Responding to the Divorce
The other spouse may agree with the divorce or dispute certain issues.
An uncontested divorce can generally proceed more directly when both parties agree on the relevant matters. If disagreements remain regarding parenting, child support, spousal support, property division, or other issues, additional negotiation or court involvement may be required.
Resolving Parenting and Support Issues
When children are involved, parenting arrangements and child support may need to be addressed before the divorce is completed.
Spousal support may also be an issue depending on the circumstances of the relationship, including income, financial dependence, length of the relationship, and other relevant factors.
These matters may be resolved through negotiation, agreements, mediation, or court proceedings.
Addressing Property Division
Property division is legally separate from the divorce itself but often needs to be addressed during the same period.
Assets may include the family home, investments, pensions, vehicles, savings, business interests, and other property. Debts and financial obligations may also need to be considered.
A separation agreement can document how property, support, and other responsibilities will be handled where the parties are able to reach an agreement.
Finalizing the Divorce
Once the necessary issues have been addressed and the legal requirements have been satisfied, the divorce can proceed toward a final judgment.
The amount of time required will depend on the circumstances of the matter and whether any issues remain disputed.
Alberta Law Office assists clients throughout Edmonton with divorce, separation agreements, parenting matters, support, and property division. Visit our Family Law page to learn more about our family law services or contact our team to book a free consultation.