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Can the Terms of a Divorce be Changed or varied in Alberta?

Hours Updated onMarch 15, 2023 Categories AB
Divorce dispute resolution Process for Alberta, Canada

Following the granting of a divorce, an individual has 31 days to appeal. Once the 31 days have passed the divorce is final, in which it cannot be revoked by anyone, including the court. However, certain terms of divorce such as child custody, access, support, and spousal support are never final. These terms are sometimes changed depending on the individual’s life and changes in circumstances.

The first step in changing these terms is for the spouse who requires the change to reach out to their former spouse and attempt to make an agreement. If this is achieved, the agreement and change should be put into writing, unless your separation agreement includes a section outlining how to make changes.

Each spouse should then acquire legal advice, after which they should date and sign the agreement, as well as have an adult witness the signing to show that the agreement was legally signed. However, if the former partners cannot reach an agreement, they should apply to the court to adjust the issue at hand, whether it is child custody or access, or child or spousal support.

The case may be directed to family law mediation, however, if this is unsuccessful, then the judge will decide whether to grant the changes requested.

We currently have three offices across Alberta — Edmonton, Calgary, and Red Deer. We serve the entire province of Alberta (and BC). We also have the infrastructure to work with any of our clients virtually — even the furthest regions of Alberta.

Call 780-756-0076 [toll free 1-855-892-0646] to get routed to the best office for you or contact us online to schedule an appointment.

We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take as well as what to expect moving forward.

Our offices are generally open 8:30 a.m.—4:30 p.m., Mon—Fri.

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Dustin Patz - Spectrum Family Law

Dustin Patzer

FAMILY LAWYER

Dustin has zealously advocated for his clients at all levels of court in Alberta. Dustin has extensive civil litigation experience, as well as a background in family and divorce law.

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A methodology of alternative dispute resolution

You control the outcome that works best for you – rather than a judge who hears your case.

We are expert family law litigators, however we do so with an understanding of the emotional stress that litigation can sometimes have on our client and the existing family unit.

Our team will advise you on the benefits of alternative dispute resolution, including mediation and arbitration. These alternative methods empower the parties to negotiate an outcome that accounts for their respective interests in a non-adversarial setting – minimizing disruption to your family.

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  • Areas of Family Law
    • Divorce
      • Divorce Mediation
      • Collaborative Law
      • Uncontested Divorce
      • Joint Divorce
    • Child Custody
    • Child Support
    • Surrogacy & Fertility Law
    • Spousal Support
    • Maintenance Enforcement Program
    • Marital Property Division
    • Common Law Separation
    • Marriage Agreements
      • Cohabitation Agreements
      • Prenuptial Agreement
      • Separation Agreements
    • Real Estate for Families
    • Coaching & Self-Representation
  • Locations & Team
    • Meet Your Team
    • Locations
    • Contact Us
    • About Us
    • Awards & Recognition
  • Knowledge Centre
    • Alberta Family Law
    • BC Family Law
    • Divorce Deep Dive
    • Child Support
    • Separation Info
    • Mediation Tips
    • Vancouver Articles
    • Calgary Articles
    • Edmonton Articles