Divorce During the Covid-19 Pandemic

Yes. While there are procedural requirements that must be met prior to an individual being able to file a Statement of Claim for Divorce or the Division of Family Property, living in a separate residence is not a prerequisite. Economic realities sometimes necessitate parties living together even though they are separated. However, while you can file a claim without moving out, you may wish to turn your mind to where you or your partner might stay if your home becomes too inhospitable.

Yes. You can still file a Statement of Claim for Divorce or Division of Family Property. You can also file other family law applications. The Court has limited operations but is not shut down. However, while the Court is still filing all Claims, Applications, and other legal documents, many filing deadlines and limitation periods have been suspended. If you are contemplating bringing a Claim or an Application, or if you are responding to a Claim or Application, it is important to seek legal guidance to ensure that you understand how the Court’s limited functioning impacts you.

The Provincial Court and the Court of Queen’s Bench are hearing various family law Applications and both Courts are expanding their operations and updating their procedures daily. We provided a summary below. However, if you have further questions, feel free to contact our office by telephone or our contact page here.

Court of Queen’s Bench
In late May, the Court of Queen’s Bench (which deals with Divorce and family property division) implemented a remote Family Law Docket Court. If a party wishes to have a family law matter heard, they must first ‘attend’ the remote Family Law Docket Court before a Justice. The presiding Justice will then determine the appropriate path forward for parties. This may include directing that the parties try alternative dispute resolution first, or it may include directing the parties to proceed either by way of a Desk Application, a written Application, or an urgent oral hearing. Most recently, the Court has begun rescheduling Non-Binding Judicial Dispute Resolutions and Early Intervention Case Conferences. Please contact our office for more information about Family Law Docket Court and the Court of Queen’s Bench’s various procedures.

Provincial Court
Commencing June 1, 2020, the Provincial Court began accepting new family Applications to be heard on or after July 3, 2020. The Provincial Court continues to offer services remotely and is hearing child welfare matters and urgent family protection matters.

Contacting a lawyer for a consultation is the first step. We offer 1-hour long consultations with an experienced family lawyer, either by telephone or Zoom. Prior to every consult, our office collects all relevant information so that the meeting is spent most effectively. During consultations, we review with individuals the various options which reflect their needs and means.

For more information or if you want to book a consultation, call us at 587-390-3070 or leave us a message here. Remember when you contact us to leave your full name and the best way to contact you. If you’re living with your partner and require discretion, make sure you leave explicit instructions on the best manner by which to contact you.

While ideally the best option would be to obtain your own new residence, we understand that for many people this can be difficult at the best of time, let alone during time of economic hardship. As noted in a previous question, living in a separate residence is not required to formally separate from your partner. Having said that, for those who wish to leave their partner, there are a variety of housing and financial services available that can support you moving forward. Alberta 211 is a great resource for individuals in need of support and currently has information and links detailing additional resources that are available during the Covid-19 pandemic, as well as updated information regarding what support services currently have limited operations.

No. At EBL Family Law, we are operating remotely to protect the health and safety of our clients and staff alike. We have also been appearing remotely on behalf of our clients before the Court and before Mediators and Arbitrators. We can consult with you remotely, file most Claims or Applications remotely on your behalf, and make appearances remotely. Should an in-person meeting be required, our firm will provide you advance notice and work with you to determine the best step forward to address both your legal and health needs.

At EBL Family Law, we work with clients to achieve their goals while also being mindful of an individual’s financial means. If have a low income, you may also qualify for Legal Aid which provides certificates to eligible individuals so that they can obtain legal services at a reduced rate. Legal Aid’s physical locations are currently closed to the public, but they continue to process Applications remotely. They can be contacted at 1-866-845-3425 and more information can be found at their website.