Divorce is solely based on the breakup of a marriage. This can be proven in one of three ways: couples living apart for at least a year; adultery by the other spouse; and/or mental or physical mistreatment by the other spouse. You can be separated and yet live together under the same roof. For more information on separation and divorce, please contact Adept Family Lawyers in Calgary. We can also seek a joint divorce for you and your spouse if you both agree on the conditions of the divorce. This is a reasonably short and low-cost divorce process. For uncontested divorces, we have a flat fee available in some situations.
We consider your family while negotiating your divorce conditions as competent and experienced attorneys. Our attorneys will assist you in the following ways:
Stay out of the courtroom: Traditional litigation is too expensive, and ultimately results in a judge making decisions for your family. We keep you out of court and in control of your divorce with our negotiation techniques.
Resolve divorce issues: We assist you in addressing all of the issues that are essential in your divorce through collaborative divorce, mediation, and other non-litigation approaches. These may involve asset division, real estate and debt division, parenting schedules and custody agreements, spousal maintenance, child support, and other issues. Working through these challenges together will help you to be honest with your spouse and develop solutions that fit both of your needs.
Make progress toward your end goal: During negotiations, our attorneys will advocate on your behalf and protect your interests. We'll work with you to identify what's most important to you and keep your end goals in mind as we go.
Negotiate the terms of your divorce: Our lawyers are expert negotiators who can assist you in finding and pursuing the solutions you desire. We collaborate with your spouse's team to ensure that both of your interests are represented and that you can make a choice that is beneficial to both of you.
Draft a settlement agreement: Near the end of your divorce, we'll create a settlement agreement that represents your specific negotiations. Because you and your spouse will have given this agreement a lot of consideration before signing it, you can expect it to last a long time. This gives you the confidence to continue forward.
At Adept Family Lawyers, we understand that if you and your spouse are civilized with each other, you will be able to reach an agreement on all of the issues. All you have to do in this scenario is inform the court and request a divorce. You are not required to be present in court; instead, the judge will issue a divorce decree that may include your settlement conditions. In an uncontested divorce, you and your spouse agree on everything, including child support, child custody agreements, spousal support, and the division of property and debt. You may reach out to our divorce attorneys by contacting us.
A contested divorce does not indicate that you are contesting the divorce itself, but rather the conditions of your divorce, such as the division of assets, child custody, and parenting time. The contested divorce attorneys at Adept Family Lawyers can assist you and your spouse in mediating a separation agreement. In reality, most divorces are settled out of court. Although our skilled attorneys will do everything possible to prevent a costly and time-consuming trial, if necessary, we will litigate your case in court to safeguard your rights.
Expensive assets worth more than $1 million are common among those with a high net worth. Tax responsibility, company value, income reporting, estate affairs, spousal support, child support, and damage control are all common difficulties that emerge after a high net worth divorce. We often handle high-net-worth and high-stakes divorces in Calgary at Adept Family Lawyers. To appropriately appraise your property and efficiently safeguard your interests, our seasoned and award-winning legal firm collaborates with the most well-respected financial experts and evaluators across Canada.
We offer specialized legal counsel for high net worth divorces, which can be more complicated. With our support team by your side, complex financial, legal, and emotional issues can be resolved without conflict. For support during the process, your team might include:
Emotional triggers that might overwhelm and hijack the negotiating process can be neutralized with the aid of divorce coaches. A divorce coach's assistance ensures that each spouse's issues are voiced and handled calmly and sensibly, for example, if both couples have loud voices and competitive natures, or if one spouse tends to overshadow the other.
Financial neutrals are used to assist couples to realize the long-term implications of their financial decisions. Certified divorce financial analysts and other financial specialists can help with appraising and splitting complex assets including private equity investments, art collections, stock options, and privately held enterprises.
Attorneys and mediators will assist in reaching agreements. Each spouse retains an attorney who defends their interests and tries to attain their goals via sensible talks in the collaborative divorce process. The couple works directly with a qualified mediator to establish an agreement through mediation.
Whether or not you have legal difficulties to resolve, you must go through the legal process to terminate your marriage. It makes no difference where you got married or whether you're a same-sex or opposite-sex partner, as long as your marriage is recognized in Canada. If there are children involved, the parties must make arrangements for them so that the Court is satisfied that they are well cared for.
A formal divorce consists of the following steps:
The spouse seeking a divorce (referred to as the Plaintiff) prepares a Statement of Claim for Divorce. If the case involves property difficulties, you may want to file a Statement of Claim for the Division of Family Property. This establishes a file with the Court in your jurisdiction.
The claim is personally given to the other spouse (referred to as Defendant), who has 20 days to contest it if they live in Alberta. The other spouse is entitled to two months if he or she resides outside of Canada, and one month if he or she lives inside Canada but outside of Alberta.
If Defendant does not agree with Plaintiff's request, he or she may require assistance from the Court or other conflict settlement mechanisms.
Plaintiff files a Divorce Request, accompanied by several papers (including the marriage certificate) and a proposed Divorce Judgment.
A Justice reviews the Request and the supporting papers before signing the Divorce Judgment. Copies are sent to both Plaintiff and Defendant.
The spouses can get a Certificate of Divorce 31 days after the Divorce Judgment is signed.
Spousal support (alimony) is often intended to be a temporary solution to provide one spouse time to get back on his or her feet. Partner assistance is frequently used by a lower-income spouse to compensate for sacrifices made during the partnership. Moving to support the higher-earning partner's job, putting him or her through school, and taking time off work to have children are all examples of sacrifices.
Our lawyers at Adept Family Lawyers start the conversation with the federal government's Spousal Support Advisory Guidelines (SSAGs). The SSAGs calculate a range of usually acceptable support levels and offer an estimate of how long a lower-earning spouse should anticipate being supported based on each spouse's relative income and the length of the marriage.
Outside of the SSAGs, support amounts are normally allocated for circumstances that are unusual in some way. These are some of them:
Non-traditional income and self-employment: If you or your spouse is self-employed, receive a significant portion of your income from investments and commissions, or has other non-salary income, specific considerations must be made.
Long-term relationships: Spousal assistance may be a lifelong right or responsibility for couples who have been married for 20 years or more.
Full financial disclosure is required if there is any hidden income or assets.
If you think there are hidden assets, you may determine that more money and effort must be used in seeking them down and that any support arrangement takes the history of dishonesty into consideration.
In a common-law relationship, whether same-sex or opposite-sex, your separation is governed by Alberta's Family Law Act and the Adult Interdependent Relationships Act, not Canada's Divorce Act.
The majority of the issues will be the same as for married couples, some of the answers and language may alter slightly.
The legislation in Alberta governing the partition of property upon the breakup of common-law relationships changed dramatically on January 1, 2020.
The Matrimonial Property Act was repealed on January 1, 2020, and the new Family Property Act took its place. This new act made significant modifications to the rights of common-law couples. Common-law partners now have the same property rights as married couples. This big adjustment is believed to offer some consistency to this area and make property issues for common-law couples simpler to handle with more predictable outcomes.
If you are in an "adult interdependent partnership," you are affected by these developments. This indicates you have the following:
Lived with a person in an interdependent relationship for a continuous period of three years or more.
Lived with a person in an interdependent connection for less than three years but you Signed an agreement with the other person.
Divorce and separation between married or common-law same-sex couples are handled in the same manner as divorce and separation between any other couple in Alberta. However, we recognize that this is not universally agreed upon. Our team of committed lawyers at Adept Family Lawyers works hard to ensure that you feel appreciated and valued during the divorce or separation process. Our objective is to ensure that you are treated with the same respect and dignity as any other legally represented party in Alberta.
We also recognize that secrecy can be a key worry for some couples, whether they are in a common-law relationship or married. Our attorneys work hard to make issues as confidential as possible. We understand the difficulties that the LGBT community faces, such as coming out to family and friends, and we do our best to preserve your privacy.
We recognize that same-sex couples may be apprehensive about the legal procedure. We are aware that prejudice still exists, and our attorneys are attentive to these concerns. We fight not just for your legal rights, but also for your dignity and equality. We will do everything we can to prepare you for any unpleasant behaviour you may face and to fight back against any unjust treatment you may receive. At the core of your case, the laws remain the same as they would for any other relationship, and we make certain that the legal experts we work with are aware of this.