Things you might ask (Your questions answered)

Divorce is a complicated matter. To help you understand the process better, we have provided answers to our most-asked questions below. If we have not provided  the answer you are looking for, then please send us your question at welcome@LeapDivorceSolutions.com or use the form provided on this page.

Leap! Divorce Solutions is a divorce assistance provider with mediation specialists. Materials on this website are intended for information purpose only. Nothing on this website should be construed in any way as legal advice or initiation of a mediator-client relationship. Please contact a family lawyer if legal assistance or advice is required. 

What is Divorce Mediation

FREQUENTLY ASKED QUESTIONS

What if I have not yet told my spouse I want a separation and divorce?

The Leap! Divorce Solutions mediation process requires that both spouses be involved. Therefore, you will need to discuss your desire for a separation and divorce with your spouse before scheduling an initial consultation. We are happy to answer general questions or suggest ideas for opening the conversation with your spouse. However, if you have specific questions about your situation, we must answer them with both of you present to ensure our neutrality throughout the process.

What are the grounds for divorce?

Below is the relevant section from the Canada Divorce Act to answer the question. Our mediator is available to facilitate the crucial conversation to proceed with a plan for a separation and divorce.

“8. (1) A court of competent jurisdiction may, on application by either or both spouses, grant a divorce to the spouse or spouses on the grounds that there has been a breakdown of their marriage.

(2) Breakdown of a marriage is established only if:

1. the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or

2. The spouse against whom the divorce proceeding is brought has, since celebration of the marriage,

a. committed adultery, or

b. treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.”

How much does Leap! Divorce Solutions charge?

Leap! Divorce Solutions has a systematic process for assessing the unique needs of each couple. The cost varies depending on your circumstances. At the end of the consultation, the mediator will calculate an upfront price. These upfront prices start at $1,500 per individual for mediation; however, the precise amount depends on your unique situation.

Our Complete Divorce Solution starts at $3,000 per individual and includes basic divorce mediation, a consent arbitration award, and divorce filing.

How long will it take to complete my mediation process?

The Leap! Divorce Solutions process typically takes 12 weeks to complete. However, this timeframe will vary depending on the couple’s readiness to move forward, items that need to be addressed, and local laws.

What if we do not reach agreement?

At any time during the mediation process, each person has the option to say, “enough.” Leap! Divorce Solutions will not force you to “stay at the table.” That being said, the Leap! Divorce Solutions team know the kinds of things which impede collaborative resolution discussions. We have designed our methodology to help continue the movement toward the goals you each set at the outset. There are many ups and downs through the process. We do everything within our power to predict potential obstacles and get you through them.

What if my spouse is not willing to mediate?

The conversation about whether to mediate has several starting points. How have you been opening the conversation? Have you both had a chance to independently look at the Leap! Divorce Solutions’ website? Is there a particular issue that is creating resistance?

Offering several options in written form for your spouse to consider can be helpful. However, in the end, each person must come to his or her own conclusion. At Leap! Divorce Solutions, both people must come to the table, even if it is difficult to do so. Your spouse may not be ready for this. That is ok — sometimes, as people get started with other options, there is a moment when they see more value in the Leap! Divorce Solutions’ process and come around again.

What if my spouse lives in another province?

Leap! Divorce Solutions may be able to help, but there are several questions we will need answered first. How long have you been separated? Where did you last live as a married couple? How long ago was that, and for how long? Are there children involved? Where are they living? Spouses living in different provinces does complicate matters. Contact us for more details on the next steps.

What if we have children?

Below is the relevant sections of the Canada Divorce Act to help answer the question.

Section 11(1)(b) of the Divorce Act (Canada) states,

In a divorce proceeding, it is the duty of the court to satisfy itself that reasonable arrangements have been made for the support of any children of the marriage, having regard to the applicable guidelines, and, if such arrangements have not been made, to stay the granting of the divorce until such arrangements are made.

Section 2(1) defines a “child of the marriage” as:

“child of the marriage” means a child of two spouses or former spouses who, at the material time,

(a) is under the age of majority and who has not withdrawn from their charge, or

(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.

Section 2(1) also defines “age of majority” as:

“age of majority”, in respect of a child, means the age of majority as determined by the laws of the province where the child ordinarily resides, or, if the child ordinarily resides outside of Canada, eighteen years of age.

What this all means is that there is a link between the payment of child support and the granting of a divorce. Leap! Divorce Solutions is here to help you come up with a plan that includes the amount of child support to be paid that conforms to the Federal Child Support Guidelines.

Do you need a Separation Agreement to get a divorce?

This is a legal question that only a lawyer can answer for you. At Leap! Divorce Solutions, our Mediation Divorce Specialists are here to help you develop a plan.

Mediation usually involves anywhere from one to ten or more mediation sessions. It will depend upon the complexity and number of the issues you have.

All communications made during mediation are “off the record.” This means that neither party is allowed to subsequently reveal communications made during mediation to a judge or arbitrator if an agreement is not reached. The purpose is to encourage a free and healthy exchange of ideas during mediation without fear that the ideas or proposals could be used against you subsequently in court.

If an agreement or agreements are reached during mediation, the mediator typically translates the provisions into a resolution plan. The parties then review the resolution plan with their lawyers who provide legal advice and practical suggestions. Very often, the agreements reached in mediation are translated into a legally binding contract called a Separation Agreement. Until this occurs, the agreements reached in mediation are not binding on either party.

What if we do not have children?

Many other factors compel couples to use Leap! Divorce Solutions. Property and debt division, spousal support, extended family issues, and many other considerations can be difficult to resolve amicably without assistance. The best way to determine if Leap! Divorce Solutions can be helpful to your unique situation is to schedule a consultation.

What if we do not have any assets?

Separation and divorce is about a lot more than assets. Contacting us for an initial consultation is the best way to determine if our Leap! Divorce Solutions process is right for you.

How do I get a Marriage Certificate?

A divorce in Canada must be filed with an original Certificate of Marriage. The certificate must be the one issued to you by the government. The certificate given to you by the person performing the wedding ceremony is not accepted by the courts.

Leap! Divorce Solutions makes it easy to obtain your original Certificate of Marriage in preparation for your divorce.

Please note, we only process Marriage Certificate applications if you are our client. If you are only looking to obtain a Marriage Certificate, please visit Service Alberta.

Should you have any questions regarding this service, please do not hesitate to contact us.

You will need Acrobat Reader to view the applications. If you do not have Acrobat Reader or need to upgrade your Acrobat Reader, please click on ‘Get Acrobat Reader‘ to download it for free.

More questions? Contact Leap! Divorce Solutions using the form to the right.

ADDITIONAL RESOURCES

ONLINE QUESTION FORM

Have a Question? Ready to schedule an initial consultation with you and your spouse? Contact us today.

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