1. When can I start divorce proceedings against my spouse?

There are three grounds for divorce in Canada:

• being separated one year from your spouse
• adultery
• physical or mental cruelty

The "easiest" and most common divorce is based on one year of separation. Please note that you can be separated from your spouse but still live under the same roof. We will be happy to discuss this with you in more detail based on our experience as Calgary Divorce Lawyers (EBL Family Law).

2. Do I need to have my marriage certificate?

If you were married in Canada, the Court will require your marriage certificate issued by Vital Statistics. If you do not have it and were married in Alberta, you can go to any motor vehicle registry and apply to get a copy of your marriage certificate. The cost is approximately $38.

If you were married outside of Canada, you do not necessarily have to produce your marriage certificate, but if you do, it may need to be translated into English. If you need to get it from another province, we can assist.

3. If I married in a foreign country, is my marriage valid in Canada?

Canada will recognize your marriage from the foreign country, provided that your marriage was legal and recognized according to the laws of the country where you were married.

4. Do I need to know where my spouse resides?

You will need to know where your spouse resides as he or she will need to be personally served with the Statement of Claim for Divorce. You will also need to provide your spouse's photograph which will be attached to the Affidavit of Service.

Sometimes there are ways to service a person by different means, which we call "substitutional service" but the process is more complicated and requires court permission.

5. If I have minor children, who decides with whom they are going to live?

Sometimes parents themselves are able to agree on the parenting arrangements for the children. If they cannot, you have an option to attend mediation, or file a court application. Please remember that any mediator and/or judge will focus on the best interest of the children, given their age, needs and circumstances.

6. How is child support determined?

Child support is determined based on your income, and the income of your spouse, and the amount prescribed by the Federal Child Support Guidelines, which takes into account your gross annual income and the number of children you have. Generally the spouse with the highest income provides child support to the other spouse if they have custody or if there is shared or joint custody. But there are several other factors beyond income which are included in determination of support payments.

7. If I am self-employed and have to pay child support, is my business income taken into account?

If you are self-employed, not only your personal income as declared on your personal Income Tax Return is taken into account, but also your business income, subject to certain deductions for expenses. In this case, determination of your "guideline income" is more complicated.

8. Do parents have to disclose their income to each other?

Both parents have to disclose their income, first before the divorce can be finalized, and then on an annual basis to see if child support needs to be adjusted.

9. Do I have to pay child support for a child who is over 18 years old?

There is usually an obligation to support your child who is over 18 years old who is going to school at a recognized, post-secondary education institution, and who obtains passing marks, until she or he obtains their first degree.

10. If I divorce my spouse, would I have to pay spousal support?

Spousal support is often a complicated issue. Generally speaking, whether or not you will pay spousal support depends on the duration of your marriage, the roles performed during the marriage, incomes, children, and sometimes property division.

11. Can I deal with the matrimonial property at the same time as my divorce?

If there are both divorce and property issues involved, most often we combine these together to save cost and time.

12. How much is it going to cost me to get through the divorce?

It is very difficult to predict your total legal costs without knowing the details and seeing how the file is going to progress. We can explain potential legal fees based on the particulars of your case.

13. Is my spouse responsible for all or some of my legal fees?

In only very rare circumstances your spouse can be made responsible for your legal fees. Usually each party bears his/her own costs.

These are some of the most basic questions that clients frequently ask Calgary Divorce Lawyers (EBL Family Law).

If you would like to learn more and discuss your divorce issues and options with one of our Calgary Divorce Lawyers, please contact our office.

Call us to book an initial consultation at a flat rate of $150.