by admin | Aug 22, 2025 | Blog, Divorce, Divorce and Separation, Divorce Attorney, Divorce Lawyer
Divorce is both a legal and personal turning point, and one of the first questions many people ask is, “How Long Does Divorce Take in Alberta?” The answer is not the same for everyone, because timelines depend on factors such as separation requirements, whether the divorce is contested or uncontested, and how quickly the courts process applications.
Some divorces are resolved within a few months, while others may extend to a year or more. Understanding the typical timelines and the reasons delays occur can help you prepare, set realistic expectations, and make informed decisions about your next steps.
Get a personalised timeline estimate for your situation. Book a Consultation with our Edmonton Divorce Lawyers.
Starting Point: Separation Requirements
In Alberta, your divorce timeline begins with separation. Under the Divorce Act, you must live separately and apart for at least one year before the divorce can be finalised. Exceptions exist if you file on the grounds of adultery or cruelty, but most divorces proceed based on the one-year separation. You can start the application during that year, but the judge will not grant a final judgment until the period is complete.
Uncontested and Joint Divorce Options
Divorces move quickest when you and your spouse reach agreement on all matters, including parenting, support, and property. A joint divorce, where both spouses apply together, can sometimes be completed in two to three months if the paperwork is accurate and there are no delays. An uncontested divorce, where one spouse files and the other does not oppose, often takes three to four months. In practice, even these cases may stretch to six months or longer due to court workloads.
Pursuing an uncontested divorce? We ensure your paperwork is flawless to avoid delays. Let Us Handle Your Filing.
Common Reasons for Delays
Delays can arise if divorce papers are served outside Alberta or if children are involved. The court must also obtain a Clearance Certificate from the Divorce Registry, which may take six weeks or more. After the judge signs the Divorce Judgment, there is a thirty-one-day waiting period, and court backlogs may further prolong the process.
Contested Divorces Take Longer
If you and your spouse are unable to reach an agreement on parenting, support, or the division of property, the divorce is treated as contested. These cases often require multiple hearings, mediation, and sometimes a trial. As a result, the process often takes a year or longer to conclude. The complexity of the issues, the amount of evidence required, and the level of conflict between spouses all influence the length of time involved.
Facing a contested divorce? You need a strategic advocate. Build a strong case with our experienced team.
Risks of Extended Delays
Beyond the normal waiting periods, Alberta courts may dismiss a family law case if there is no progress for three years. This rule prevents files from sitting indefinitely without action. If your case risks dismissal, you may need to show valid reasons for the delay or request the court’s permission to continue. Taking consistent steps and moving the case forward helps avoid this risk.
Typical Timelines at a Glance
A joint divorce is usually completed within two to three months, while an uncontested divorce often takes three to four months. In reality, uncontested cases may extend to six to eight months or longer because of court delays. Contested divorces tend to be more complicated and can take a year or longer to finalise. These timelines apply when separation rules are met and documents are filed correctly.
How We Can Support You
Even straightforward divorces involve legal requirements and strict timelines. At Kolinsky Law, we assist clients with accurate documents, timely filings, and strategies to avoid delays. Whether you are pursuing a joint divorce or managing a contested case, our team protects your rights and ensures steady progress.
With guidance from an experienced Divorce Attorney in Edmonton and trusted Family Divorce Lawyers in Edmonton, you can move through the process confidently while keeping your family’s best interests a priority.
Don’t navigate complex timelines alone. Schedule a strategy session with our Edmonton family lawyers today.
About the Law Firm – Kolinsky Law
Kolinsky Law is a respected Edmonton family law firm dedicated to providing clear, compassionate, and strategic legal guidance through all aspects of divorce and separation. Our approach is client-focused, ensuring you understand every step of the process, from initial filing to final judgment. We pride ourselves on efficient case management to help avoid unnecessary delays and achieve resolutions that protect your future and your family’s well-being. Our expertise covers uncontested and joint divorces, complex contested cases, and all related matters including parenting, support, and property division.
Ready to move forward with your divorce? Contact Kolinsky Law, a Best Divorce Lawyer in Edmonton, for a consultation.
Phone: +1 (780)-757-6400
Email: [email protected]
Visit our Google My Business page to read reviews from clients we’ve helped: Kolinsky Law Reviews
by admin | Aug 22, 2025 | Blog, Divorce and Separation, Divorce Attorney, Divorce Lawyer
Why enforcement matters
Parenting orders are binding court decisions that clearly outline when and how each parent will spend time with their child. These orders are meant to provide structure, stability, and fairness for both parents and, most importantly, for the child. When an ex-partner refuses to follow the order and denies you parenting time, understanding the process for Enforcing Parenting Orders in Alberta becomes critical, as the consequences go beyond mere inconvenience.
Such actions can create stress, disrupt the child’s sense of security, and weaken respect for the court’s authority. By understanding the legal tools available to enforce a parenting order, you can respond quickly and ensure your child’s best interests are protected.
Is your ex denying your court-ordered parenting time? Book a urgent consultation with our enforcement lawyers to explore your options.
Start with communication
Before taking formal steps, the court expects you to make reasonable efforts to resolve the issue directly. Misunderstandings, schedule changes, or emergencies can sometimes explain missed visits. Keep your communication respectful and well-documented. Written records, such as emails or text messages, can later be used to show whether the refusal was intentional or part of a pattern.
Filing a complaint in court
If informal communication fails, you can apply to the Alberta Court of Justice or Court of King’s Bench to enforce the parenting order. This involves filing the necessary forms and presenting evidence that your ex is refusing access. The court has authority under Alberta’s Family Law Act and the federal Divorce Act to review the situation and issue corrective directions. At this stage, having an experienced Divorce Attorney in Edmonton is crucial to ensure your case is presented clearly and persuasively.
Need to file an enforcement application? We handle the process from start to finish. Contact Kolinsky Law for expert guidance.
Possible remedies the court can order
The court has several options if it finds your ex is deliberately denying parenting time. Remedies may include:
- Compensatory parenting time that allows you to make up for the missed time with your child.
- Contempt orders, which can impose fines or other penalties on the parent refusing access.
- Counselling or mediation requirements for both parents to improve cooperation.
- Police enforcement clauses, authorising police to help enforce the order when necessary.
- If a parent repeatedly refuses access and fails to support the child’s relationship with the other parent, the court may change decision-making responsibilities or custody. In all situations, judges prioritise the child’s best interests, ensuring that enforcement measures are balanced with the need for stability and overall well-being.
The role of evidence
When seeking enforcement, evidence is critical. Keep detailed records of every missed visit, including dates, times, and any messages exchanged. Courts will examine whether there was a valid reason for denial, such as illness or safety concerns, or whether your ex acted unreasonably. The stronger your evidence, the easier it is to demonstrate repeated violations of the order.
Not sure what evidence you need? Let our team review your case and build a strong file.
What not to do
Even if you are frustrated, avoid retaliating by withholding support payments or refusing to return the child after visits. Parenting orders and child support are treated as separate matters under the law. If you try to handle access issues on your own, you risk harming your credibility and facing possible penalties. The safest and most effective approach is to address enforcement through the proper legal processes.
Avoid costly mistakes. Get expert advice on the correct legal process first.
Alternative dispute resolution
Sometimes, instead of going straight to court, mediation or parenting coordination can resolve disputes more quickly and with less conflict. A neutral professional helps both parents work out compliance issues and create practical solutions. Courts may encourage or even order alternative dispute resolution if they believe it serves the child’s best interests.
Why legal guidance is important
Enforcing a parenting order can be stressful, especially if your ex is openly defiant. Navigating court processes can be complicated, and the outcomes carry significant consequences. At Kolinsky Law, we provide step-by-step support to parents facing denied access. Our team of experienced Family Divorce Lawyers in Edmonton ensures your application is strong, your evidence is clear, and your child’s best interests remain the focus. Whether through negotiation or formal court action, we help you secure the parenting time you are entitled to.
Don’t face defiance alone. Schedule a strategy session with our Edmonton family lawyers today.
About the Lawyer – David Kolinsky
David Kolinsky is the founding lawyer at Kolinsky Law and is highly regarded as one of Edmonton’s leading family law practitioners. With a focused practice on complex divorce and separation matters, including high-conflict enforcement cases, David provides strategic and compassionate legal guidance. He is dedicated to protecting his clients’ parental rights and achieving outcomes that prioritise the stability and best interests of the children involved. His direct, hands-on approach ensures clients are empowered with clear legal advice and robust representation, whether at the negotiation table or in court.
Ready to enforce your rights? Contact David Kolinsky, a Best Divorce Lawyer in Edmonton, for a consultation.
Phone: +1 (780)-757-6400
Email: [email protected]
Visit our Google My Business page to read reviews from clients we’ve helped: Kolinsky Law Reviews
by admin | Aug 22, 2025 | Blog, Child Relocation After Divorce in Alberta, Divorce and Separation, Divorce Attorney, Divorce Lawyer
Understanding When Relocation Rules Apply
If you are divorced or going through divorce proceedings in Alberta, Child Relocation After Divorce in Alberta laws may directly affect you. These rules come from the federal Divorce Act and apply whenever a court order grants parenting time, decision-making responsibility, or contact. If you were never married, Alberta’s Family Law Act sets out similar provisions.
The law becomes especially important when one parent wishes to move with the child to a new city, province, or even another country. Before relocating, it is essential to understand how these rules work and your associated obligations.
Considering a move? The first step is knowing your legal obligations. Book a Confidential Consultation with an Edmonton Relocation Lawyer to discuss your specific situation.
What Counts as Relocation
Relocation is not just moving to a new address. It applies when the move greatly affects your child’s relationship with the other parent or a caregiver. This can include moves across provinces or within Alberta if parenting schedules are disrupted. A local move that does not affect existing arrangements is not considered relocation, though basic notice is still required.
The Notice Requirement
The Divorce Act requires giving at least 60 days’ written notice before relocating with your child. The notice must state the move date, new address, updated contact information, and a proposed parenting plan. Using the prescribed form is mandatory, and while courts may allow exceptions for safety concerns, skipping this step can seriously harm your case.
Need help drafting a legally sound relocation notice? Our team can ensure it’s done correctly. Contact Kolinsky Law for Expert Assistance.
How Objections Work
Once you serve notice, the other parent has 30 days to object. An objection may be filed using the official form or through a court application. If no objection is filed within that time, and no order prevents the move, you may proceed on or after the specified date. If an objection is made, however, the decision rests with a judge, who will weigh both parents’ positions and the child’s best interests.
Has your child’s other parent served you with a relocation notice? Time is critical. Call us at +1 (780)-757-6400 to understand your rights and options to object.
Who Has to Prove Their Case
The responsibility to prove a case varies with the parenting arrangement. If a child spends nearly equal time with both parents, the parent requesting relocation must demonstrate that the move benefits the child’s best interests. If the child mostly lives with the relocating parent, it is up to the other parent to show that the move would not serve the child’s best interests. In some cases, both parents share this duty.
Factors Courts Consider
The guiding principle in every relocation case is the best interests of the child. Judges look at many factors, including:
- The child’s stability and needs
- The history of caregiving
- Each parent’s effort to support the child’s relationship with the other parent
- The child’s views, when age-appropriate
- The presence of any family violence
The practicality and costs of maintaining meaningful relationships
Courts also weigh the reasons for the move, the educational or social opportunities at the new location, and how travel and virtual contact can preserve parent–child bonds.
Practical Steps for Parents
If you are considering relocation, prepare carefully. Document why the move benefits your child, such as access to better education or stronger family support. Offer a clear plan for parenting time, including extended visits, holiday schedules, and virtual contact arrangements.
Courts may also assign responsibility for travel costs, so presenting a fair cost-sharing proposal helps your case. Above all, avoid relocating without consent or a court order, as this can harm both your case and your credibility.
Building a strong case for court? Let us help you develop a compelling proposal. Email our team at [email protected] to get started.
How We Can Support You
At Kolinsky Law, we recognise that relocation cases often involve intense emotions and difficult decisions. Our team of experienced Family Divorce Lawyers in Edmonton guides parents through every step, from preparing notice to negotiating revised parenting plans and representing you in court if needed.
Relocation disputes require a balance between protecting your child’s best interests and respecting parental rights. We are committed to helping you navigate this process with clarity and confidence.
Facing a complex relocation dispute? You don’t have to do it alone. Schedule Your Strategy Session with Our Edmonton Family Lawyers Today.
About the Lawyer – David Kolinsky
David Kolinsky is the founding lawyer at Kolinsky Law and is highly regarded as one of Edmonton’s leading family law practitioners. With a focused practice on complex divorce and separation matters, including high-conflict child relocation cases, David provides strategic and compassionate legal guidance. He is dedicated to protecting his clients’ parental rights and achieving outcomes that prioritise the stability and best interests of the children involved. His direct, hands-on approach ensures clients are empowered with clear legal advice and robust representation, whether at the negotiation table or in court.
Ready to speak with an expert? Contact David Kolinsky, a Best Divorce Lawyer in Edmonton, for a consultation.
Phone: +1 (780)-757-6400
Email: [email protected]
Visit our Google My Business page to read reviews from clients we’ve helped: Kolinsky Law Reviews
by admin | Jul 24, 2025 | Child Custody, Child Custody Lawyer, Divorce and Separation, Divorce Attorney, Divorce Lawyer
Introduction
Blended families often raise questions about financial responsibilities post-separation, especially regarding step-parents. In Alberta, step-parents who have taken on a parental role may be legally obligated to provide child support following separation. Whether support becomes obligatory depends on legal definitions under Alberta’s Family Law Act and the federal Divorce Act.
Understanding “In Loco Parentis”
A key concept is “in loco parentis”—a Latin term meaning “in place of a parent.” Under Alberta’s Family Law Act, Section 48, a step-parent may be found in loco parentis if:
-
They were married to or in an adult interdependent relationship with the child’s parent, and
-
They demonstrated a clear intention to treat the child as their own, through emotional bonding, financial support, and daily caregiving.
Courts consider factors such as the length and depth of the relationship, the step-parent’s involvement in the child’s discipline, education, and care, and the level of post-separation contact.
When Support Obligations Arise
If a step-parent is found to have taken on a parental role, they may become financially accountable for supporting the child. However, the primary responsibility remains with the biological parents.
Step-parent obligations are generally supplementary and based on the circumstances, including the child’s needs and the financial means of all parties. Courts apply discretion and refer to Alberta’s Child Support Guidelines when calculating the amount.
🔹 Unsure if you qualify as in loco parentis? Consult an Edmonton Child Custody Lawyer for a clear legal assessment.
Determining Parental Role and Responsibility
Courts assess several indicators when determining whether a step-parent has assumed a parental role:
-
Duration and nature of the caregiving relationship
-
The extent to which the child viewed the step-parent as a parental role model
-
Financial contributions toward the child’s upbringing
-
Continued involvement after separation
Legal precedent shows that once a step-parent takes on parenting responsibilities, they may not simply withdraw from them without potential legal consequences.
Parenting Time and Contact Rights
Step-parents who have built meaningful relationships with their stepchildren may also seek court-ordered parenting time or contact after separation. Alberta courts evaluate such requests by considering the emotional well-being of the child, the history of care, and the stability of the relationship. Evidence of a strong bond and consistent involvement strengthens a step-parent’s application.
🔹 Need help securing visitation rights? Contact our Edmonton Family Divorce Lawyers for expert guidance.
Noteworthy Case Law
In one Alberta case, a man who lived with his partner and her children for several years was deemed in loco parentis and required to provide support, even after separation.
In another case, retroactive support was awarded for adult children pursuing post-secondary education, as the financial obligation had begun when they were still minors and dependent.
How to Navigate This Situation
Early legal advice is essential for both step-parents and biological parents involved in separation. Legal professionals can help by:
-
Evaluating whether a step-parent relationship meets the criteria for legal responsibility
-
Gathering evidence such as caregiving records, financial documents, and communications
-
Advising on mediation, support arrangements, or court applications for parenting time
🔹 Don’t leave your financial future to chance. Book a consultation or call us at +1 (780)-757-6400 today.
Preventive Measures for Stepparents
To minimise future obligations, step-parents should:
-
Clearly define their role in the child’s life from the outset
-
Use written agreements to outline expectations and responsibilities
-
Seek legal advice before assuming long-term parenting duties
Even informal caregiving can lead to legal obligations if it meets the criteria of in loco parentis, so clarity and documentation are critical.
🔹 Protect your rights—get a legal agreement in place. Email us at [email protected] for personalised advice.
Conclusion
In Alberta, step-parents who assume a parental role can be held financially responsible for their stepchildren after separation. Courts evaluate the nature of the relationship, financial involvement, and emotional connection.
Seeking early legal guidance ensures that your responsibilities are clearly defined and your rights are protected. Whether you are a biological parent or a step-parent, informed legal advice is key to managing the complexities of blended family arrangements.
🔹 Need clarity on your legal obligations? Visit our Google My Business profile to read reviews and schedule a consultation.
About the Lawyer
Kolinsky Law is a trusted Family Law Firm in Edmonton, specialising in child custody, divorce, and step-parent legal matters. With extensive experience in Alberta’s family courts, we provide compassionate and strategic legal solutions tailored to your unique situation. Whether you’re a step-parent seeking clarity on financial responsibilities or a biological parent navigating custody disputes, our team is here to help. Call us at +1 (780)-757-6400 or book a consultation online to discuss your case today.
by admin | Jul 18, 2025 | Blog, Contest a Will in Alberta, Estate Disputes, Family Lawyer
Introduction
Challenging a will in Alberta often involves intricate legal procedures and emotionally sensitive circumstances. Whether due to unclear intentions, unequal distributions, or allegations of undue influence, inheritance disputes often lead to legal challenges that disrupt families and delay estate settlements.
Understanding your legal rights and responsibilities under Alberta’s Wills and Succession Act is essential when navigating such disputes. This article outlines:
– Key grounds for contesting a will in Alberta
– Who can legally challenge a will in Alberta?
– The step-by-step legal process
– How courts evaluate contested wills
– How to prevent inheritance disputes
Common Grounds for Contesting a Will in Alberta
Wills are typically respected by the courts, but there are valid legal grounds under which a will may be challenged in Alberta. These include:
- Mental incapacity: If the person creating the will did not fully understand the nature or consequences of their decisions at the time of signing.
- External pressure or manipulation: If someone exerted influence over the testator that compromised their free will.
- Failure to meet legal standards: If the will lacks proper witnessing or does not conform to Alberta’s statutory requirements.
- Deception or falsification: If the document was created or altered through fraud or misrepresentation.
- Exclusion of legally entitled individuals: If a spouse, dependent, or child who should have been considered was left out without proper justification.
Each of these claims requires detailed evidence and legal support. As experienced Family Divorce Lawyers in Edmonton, we help assess the merits of your case and guide you through each legal step.
💡 Did you know? In Alberta, you generally have six months from probate to contest a will. Time is critical—act fast to protect your rights.
Who Can Challenge a Will in Alberta?
In Alberta, only those with legal standing can contest a will. This typically includes:
- Beneficiaries named in the current or previous wills
- Spouses or adult interdependent partners
- Children or dependents of the deceased
- Individuals who were promised a share of the estate but were left out
To succeed in challenging a will, the person contesting must demonstrate how the existing terms violate their legal rights or fail to comply with statutory requirements.
🚨 Worried you were unfairly left out? You may have a claim—book a consultation to explore your options.
Legal Process for Contesting a Will in Alberta
The process begins by filing a claim in the Alberta Court of King’s Bench. You must do this within specific time limits—often six months from the grant of probate. Once filed, the estate is typically frozen until the dispute is resolved. During this period, both sides may present evidence, expert reports, and witness testimonies.
Settlement discussions or mediation may be encouraged by the court before proceeding to trial. If a settlement cannot be reached, the case moves forward through litigation. Our role is to help you prepare a compelling case supported by documents, expert opinions, and legal precedent.
⏳ Delaying could forfeit your rights. Need help filing? Our Edmonton Estate Litigation Lawyers guide you at every step.
How Courts Evaluate a Contested Will
Alberta courts aim to uphold the true intentions of the deceased while ensuring fairness under the law. They consider:
- Medical and mental health records of the testator
- The will’s consistency with previous versions
- Relationships between the deceased and beneficiaries
- Statements or written intentions outside the will
Courts also consider whether dependents were unjustly excluded. In such cases, the Family Maintenance and Support provisions under the Wills and Succession Act may allow for redistribution, especially if the will does not provide for a spouse or child.
📌 If dependents were excluded, courts may redistribute assets under Alberta’s Family Maintenance laws.
How to Prevent a Will from Being Contested
While not all conflicts can be avoided, there are steps individuals can take to minimise the risk of contested wills:
- Update the will regularly, especially after major life changes
- Ensure the will is drafted with full legal guidance
- Discuss intentions openly with family members
- Include a no-contest clause, if appropriate
By preparing a clear, well-documented will, the risk of future disputes can be significantly reduced.
🛡️ Protect your legacy—get a legally ironclad will drafted today.
Conclusion
Resolving inheritance disputes in Alberta involves navigating challenging legal procedures and emotionally sensitive situations. Whether you’re contesting a will or defending one, understanding the law and acting quickly is essential.
As trusted Divorce Attorneys in Edmonton, we provide strategic legal advice and representation to ensure your rights are protected during estate disputes. If you’re facing uncertainty over a will, seek legal guidance to navigate the process with clarity and confidence.
🔹 Unsure if you can contest a will? We’ll assess your case.
🔹 Facing a dispute? We fight for your rightful share.
🔹 Updating your will? We ensure it’s legally airtight.
📞 Call us at – +1 (780)-757-6400 | 📧 Email – [email protected] | 📅 Book a Consultation
About David Kolinsky
David Kolinsky, founder of Kolinsky Law, is a trusted Edmonton Wills and Estates Lawyer with years of experience in inheritance disputes, contested wills, and estate litigation. His firm provides personalised, strategic legal guidance to ensure clients’ rights are protected during challenging estate conflicts.
Proven track record in Alberta courts | Compassionate, client-focused approach
Read our 5 
reviews
