Divorces are issued by the courts in Canada and do not always entail a hearing before a judge. However, in many divorces the parties are unable to come to an agreement. If the parties are in a position to negotiate a settlement arrangement or when no settlement agreement is necessary, a divorce can be issued by consent without a court appearance.
Generally you would need to have been separated from your partner for at least one year in order to be granted a divorce judgement for a divorce. However, you are entitled to file for a divorce immediately upon seperation. It is important that you seek the advice of experienced counsel in order to protect your right to spousal support, child support, child custody and access, and division of matrimonial property.
Reach out to us if you need experienced legal advice on divorce and its regulations in Edmonton.