Family law touches some of the most personal and emotional aspects of our lives. Whether you’re considering divorce, navigating child custody, or exploring adoption, understanding the basics of family law in Alberta can help you feel more prepared for the road ahead.
Divorce and Separation
When relationships break down, the legal process can seem daunting. In Alberta, divorce is governed by federal law, while separation falls under provincial jurisdiction.
Key points:
- To file for divorce in Alberta, at least one spouse must have lived in the province for a year
- Separation doesn’t require legal proceedings, but a separation agreement can help clarify arrangements
Sarah’s Story: “When my husband and I decided to separate, I was overwhelmed. But learning about the process helped me feel more in control.”
Child Custody and Support
Nothing is more important than the well-being of children during family transitions. Alberta law focuses on the best interests of the child when determining custody and support arrangements.
Key aspects:
- Custody refers to decision-making power and where the child lives
- Access is the right of the child to spend time with both parents
- Child support is calculated based on income and parenting time
Property Division
Dividing assets can be one of the most complex aspects of separation or divorce. In Alberta, the law aims for a fair, but not necessarily equal, division of property.
Important considerations:
- Matrimonial property generally includes assets acquired during marriage
- Some assets, like inheritances, may be exempt from division
Spousal Support
Also known as alimony, spousal support isn’t automatic in Alberta. It depends on various factors, including the length of the relationship and each spouse’s financial situation.
Factors considered:
- Need of the recipient
- Ability to pay of the other spouse
- Length of the marriage or relationship
- Roles during the relationship
Adoption
Adoption can be a beautiful way to grow a family. Alberta has specific processes for different types of adoption, including public, private, and international adoptions.
Key steps:
- Choose an adoption method
- Complete a home study
- Wait for a match
- Finalize the adoption legally
The Johnson Family: “Adopting our daughter was a journey filled with paperwork and waiting, but the joy she’s brought to our lives is immeasurable.”
Seeking Professional Help
Family law can be complex and emotionally charged. While this overview provides a starting point, it’s crucial to seek professional legal advice for your specific situation.