Divorce

Divorce can feel overwhelming. You’re facing the challenge of dividing a life that you built together, and the involved emotions can be high. Phypers Law is here to help you through the separation and divorce processes. 

You are entitled to a resolution that respects your contributions throughout your relationship and your rights under the law. You deserve an outcome that is not only fair but also provides you with a strong foundation as you move forward in life. 

Skilled Negotiators and Strong Advocates

Our divorce lawyers are carefully chosen for their expertise in negotiation and litigation, so you can be confident that your interests are in the right hands. We approach every case with a focus on negotiation first, as it’s often the most cost-effective path and can reduce the stress that comes with lengthy court proceedings. Negotiated agreements also allow for greater control over the outcome rather than leaving these decisions solely to the discretion of the court. If an agreement cannot be reached, our team is ready to advocate for you in court. Our goal is to ensure that your rights are represented and that you achieve a fair resolution.

Our Divorce Services

 

Request for Divorce

We file a formal application for divorce on your behalf.

Joint Requests for Divorce

We assist both parties in filing for a divorce together to simplify the process.

Division of Matrimonial Property

We ensure a fair distribution of shared property and assets.

Common-Law Property Claims

We advocate for equitable outcomes in the separation of property for common-law couples.

Spousal Support

We help you seek a fair spousal support arrangement that reflects your contributions during the relationship and your future needs.

Child Support

We aid in calculating and formalizing child support to meet your children’s needs.

Exclusive Possession of the Matrimonial Home

We apply for exclusive rights to your home when appropriate.

Interim Distributions of Property

We can arrange for temporary support and distributions to ease the transition.

Applications for Sale of Matrimonial Property

We handle managing the sale of jointly owned property as part of the settlement process.

Freezing or Preservation Orders

We secure preservation orders to protect assets during proceedings.

Variation Orders

We confidently request changes to existing orders if circumstances change.

Step-by-Step Guidance Throughout the Process

Navigating the divorce process can feel overwhelming, but we are here to get you through it with clear and manageable steps. We provide you with open communication and will guide you through each part of the process so that you fully understand your rights and options under the law. As we only work with select clients, you receive the focus and expert service you need and deserve.

To file for divorce, you must go through a court process. According to Section 8 of the Divorce Act, a divorce can be granted if there's a breakdown of the marriage, demonstrated by:

  • Living separately for one year.​
     
  • Adultery by your spouse.​
     
  • Physical or mental cruelty.​

Spousal support depends on various factors, including the length of your marriage, your roles during the marriage, and each spouse's financial situation. The court considers these elements to determine eligibility and amount.

Our divorce lawyers will work with you to present a strong case that reflects your best financial interests following your divorce.​

Property division involves assessing assets and debts acquired before, during, and after the relationship. The Family Property Act guides this process to create equitable distribution, though certain exemptions may apply.

While applying for child support independently is possible, having a lawyer can be beneficial, especially if the other party's finances are complex. Legal assistance ensures accurate financial disclosure and appropriate support calculations.

See our Custody page for more information on how Phypers' lawyers can help achieve the best outcome for your child.

A joint request for divorce is when both spouses agree to the divorce and the terms involved—such as parenting arrangements, child and spousal support, and division of property. In Alberta, this streamlined approach allows both parties to file a Joint Statement of Claim for Divorce, meaning neither spouse is suing the other.

This process is often faster, less costly, and less emotionally taxing than a contested divorce. Since both individuals are in agreement, there is typically no need to attend court, and the divorce can be granted based on the paperwork alone. Phypers Law’s legal experts can help you navigate this process together.

The duration of the divorce process varies based on factors like mutual agreement on terms and court schedules. Generally, after the one-year separation period, the process can take several months to finalize.

Costs can vary depending on:

  • The complexity of the case 
  • Legal fees
  • Court expenses 

At Phypers Law, we recommend scheduling a consultation to discuss your specific situation, and we can provide you with a clearer understanding of the potential costs.​

Yes. Divorce mediation can be a less painful process where a neutral third party helps both spouses reach agreements on various issues, potentially saving time and reducing conflict.​

Phypers Law’s lawyers generally recommend a supervised agreement process to avoid lengthy court proceedings. Our legal experts are qualified to handle mediations to ensure everybody achieves a desirable outcome.

If you have been separated for at least one year and are ready to take the next steps toward divorce, Phypers Law Family & Divorce Lawyers will guide you through the process. 

Book a consultation today to discuss how we can help you through this life transition.

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