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Contested divorces typically require legal representation and may involve negotiation, mediation, or a trial. Consequently, the average cost of a contested divorce in Alberta can range from CAD 10,000 to CAD 70,000 or more, depending on the complexity of the case and the level of conflict between the parties.
There are no legal separation time frames for automatic divorces in Canada. However, courts consider a one-year absence to be the minimum threshold for automatic divorces.
A divorce is deemed uncontested if one spouse files the application and the other doesn't respond within the 30-day time limit. As soon as the time limit expires, the spouse who filed may ask the court to grant the divorce on the basis that the other did not respond to the papers they were served.
How long does an uncontested divorce take? The uncontested divorce process takes around 3 months, in our experience. This means that from the date the paperwork is lodged, the court will take about 3 months to return the filed divorce judgment.
Contested Divorce If the parties are unable to reach an agreement on their own or through alternative dispute resolution methods, or if one spouse refuses to agree to divorce, then the divorce is contested. In a contested divorce, parties must appear in court to present their case to a judge.