Another divorce question

[troutbug]

Is there a way to get around the 1 year of waiting before you can file divorce papers?

[Cement Bench]

thought it was you could file but the divorce decree would not be signed or granted by the court until 1 year was up

sometimes if there was a reason ie another marriage some judges would grant a shorter period

that said call law courts in Edmonton and ask for queens bench divorce court clerk and just ask 780-422-2200 used to be the number

[Cement Bench]

also even if you live in the same house it used to be as long as you were not living as man and wife then the time started when yiu changed bedrooms or thereabouts

[Big Grey Wolf]

Not sure why you would want to speed up a life changing decision. A divorce should not be rushed as your entire future life will be impacted by the decision you and your wife will make.

[Talking moose]

Originally Posted by Big Grey Wolf

Not sure why you would want to speed up a life changing decision. A divorce should not be rushed as your entire future life will be impacted by the decision you and your wife will make.

Sometimes people just know it’s done and want to speed up the process, and move forward with life.
But that’s none of my business…….

[troutbug]

Originally Posted by Big Grey Wolf

Not sure why you would want to speed up a life changing decision. A divorce should not be rushed as your entire future life will be impacted by the decision you and your wife will make.

Because its been done a while and I want it over with

[Joes]

Originally Posted by troutbug

Is there a way to get around the 1 year of waiting before you can file divorce papers?

We were told papers can be filed at any point but the divorce can’t actually be granted by the court sooner than waiting the 1 year separation period unless one of you signs a document - I think they called it an affidavit - that says one of you admits to having committed adultery or that one of you experienced domestic abuse of some sort in the relationship.

[Ebrand]

Infidelity or abuse suffered by either party are grounds to move forward immediately with the divorce.

Cohabitation had no bearing in my scenario

Pick a date when you stopped living as a married couple.

Go a year from that date.

[RandyBoBandy]

Originally Posted by Ebrand

Infidelity or abuse suffered by either party are grounds to move forward immediately with the divorce.

Cohabitation had no bearing in my scenario

Pick a date when you stopped living as a married couple.

Go a year from that date.

Not true! Alberta is NO FAULT divorce

[smithy]

I can’t tell if that is tongue in cheek or not. Yes, adultery and physical or mental cruelty are grounds for divorce, as is separation for a period in excess of one year. You cannot point to your own adultery or cruelty to use those grounds instead of the one year separation period.

[huntinstuff]

We were at the last stage of our divorce but it never went through because we couldnt decide who would take the kids.

Still married.......

[Ebrand]

Was done in way less than a year.

Lawyer told me the same rule applies if you were abused.

You still get shafted in the division of property part... you can simply get shafted faster.

[snipz]

Originally Posted by Talking moose

Sometimes people just know it’s done and want to speed up the process, and move forward with life.
But that’s none of my business…….

Then again, nothing is impossible. Both of them can have a rethink and mend their issues. But as you concluded, so will I. Its none of my business.

[Sundancefisher]

https://www.alberta.ca/get-a-divorce.aspx

I’m no expert but ask a lawyer or the court if the one year can be back dated to the time both agree separation first started?

[marky_mark]

Originally Posted by Ebrand

Infidelity or abuse suffered by either party are grounds to move forward immediately with the divorce.

Cohabitation had no bearing in my scenario

Pick a date when you stopped living as a married couple.

Go a year from that date.

This right here

[RandyBoBandy]

https://www.alberta.ca/get-a-divorce...ted%20adultery

Adultery
Adultery is when a married person has sex with someone other than their spouse.

If your spouse committed adultery, you can file for divorce on these grounds any time after it becomes known.

Adultery must be proven in court, either with:

evidence, or
an affidavit signed by the person who committed adultery

[MyAlberta]

When my ex filed for divorce, I was asked by the church (Christian) to come in for an interview. After some small talk, the big question was asked, where is God in my life. When I responded that he wasn’t, the interview ended and the divorce was finalized shortly after. We had previously agreed on division. No lawyers, no fights, just moved on.

[marky_mark]

Originally Posted by MyAlberta

When my ex filed for divorce, I was asked by the church (Christian) to come in for an interview. After some small talk, the big question was asked, where is God in my life. When I responded that he wasn’t, the interview ended and the divorce was finalized shortly after. We had previously agreed on division. No lawyers, no fights, just moved on.

The church has nothing to do with the legalities of getting divorced

[Drewski Canuck]

Used to do that work until someone opposed to my Client tried to kill me.

It is discretionary with the presiding Chambers Justice, but if both sides consent, the period of one year separate and apart can be waived, as well as the 30 days from granting the Divorce Judgement to the Certificate of Divorce oalso known as Devri Absolute (30 day period for appeal from the date of Judgement).

Drewski

[marky_mark]

Originally Posted by Drewski Canuck

Used to do that work until someone opposed to my Client tried to kill me.

It is discretionary with the presiding Chambers Justice, but if both sides consent, the period of one year separate and apart can be waived, as well as the 30 days from granting the Divorce Judgement to the Certificate of Divorce oalso known as Devri Absolute (30 day period for appeal from the date of Judgement).

Drewski

Uhhh what lol

[flydude]

Originally Posted by MyAlberta

When my ex filed for divorce, I was asked by the church (Christian) to come in for an interview. After some small talk, the big question was asked, where is God in my life. When I responded that he wasn’t, the interview ended and the divorce was finalized shortly after. We had previously agreed on division. No lawyers, no fights, just moved on.

Please explain further.