Why are divorce records public?
Why are divorce records public?
This means that everything presented as evidence in an Alberta divorce is available to the public. This is done to keep judges accountable for their decisions, to educate society and to sometimes inform law reform. Under the Divorce Act, conduct of a spouse is not considered relevant in a dissolution of marriage.
How can you find out if someone is separated?
Determine which court or courts have jurisdiction over the couple that is the subject of your inquiry. Divorce and separation cases are usually heard at the county courthouse where one or the other spouse currently lives. If you will be searching court records, you may have to search in more than one county.
How can you find out if someone has filed for divorce?
Contact your local courthouse.
- Most courthouses have a public records computer terminal. You can search by your name or the name of your spouse. Check them carefully and get the right file.
- Ask the court clerk’s office for help. The counter clerk can look records up for you and confirm whether a divorce has been filed.
How do you get a divorce if you don’t work?
The cheapest way to get divorced is to agree to an uncontested divorce and devise a settlement agreement directly with your spouse. This outcome won’t work for everyone, especially if you and your spouse have can’t stand each other.
Are you automatically divorced after 5 years?
So whether you have been separated for 5 years, 10 years or more, you will not be granted an automatic divorce. Therefore, if you’ve been separated for a long time you need to file for divorce on the grounds of 5 years of separation.
How can I divorce my husband if I don’t know where he is?
- If you cannot find your spouse, you can request permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse.
- This is called a Motion to Serve by Publication or Posting.
What happens if your spouse refuses to be served?
If your spouse cannot personally serve you with divorce papers then she must go to the court and tell the judge about her efforts to do so. The affidavit that was filled out by the process server will be included along with a motion to have you served with a substituted method of service.
How do I give my husband a divorce notice?
Since there is no fixed procedure to send a legal notice for divorce, it can be sent either through registered post or can be personally tendered to the husband/wife. Either of the spouses is expected to acknowledge the receipt of the legal divorce notice.
Can a working wife get alimony?
In most cases, the wife gets 20-35 per cent of a husband’s net taxable income as alimony. If the woman is working, she can still get maintenance if the court feels her demands are reasonable, if she has dependants or if her income is not sufficient to support the lifestyle she enjoyed while married.
How do you respond to a divorce notice?
Dear client, Reply the notice, asking for divorce by mutual consent. Call or mail me for assistance. Please give me complete information about your case only then you can be given a good advice.
Does divorce need to be mutual?
Under Section 13B(1), a divorce petition can be moved by a couple following a judicial separation of one year. Both husband and wife can apply for the divorce by mutual consent. Contested Divorce or divorce without mutual consent is filed without the prior approval of either of the spouse (husband or wife).
