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WHAT TO EXPECT
Most of our customers have never dealt with family law or any other type of legal issue. When customers initially contact us, they are understandably perplexed and befuddled. From the moment you call until the completion of your legal representation, we normally follow the following steps:
Initial Phone Call or Email
Greet you and inquire as to the nature of your problem.
If you don't have a specific lawyer in mind, we will tell you which lawyers are available to take on your case.
Inform you that the Law Society Rules require us to do a Conflict of Interest Check before allowing you to talk with a lawyer.
Schedule a consultation for a mutually convenient date and time.
We'll send you an email to confirm your appointment.
We will request that you give us at least 24 hours notice if you need to cancel.
We will send you a letter outlining how the initial consultation will go.
Lawyers for Your Representation
The lawyer will do an in-depth assessment of your case, papers, and so on.
The lawyer will write to you to confirm the next actions and obtain your assent to them.
Typically, the lawyer will initiate contact with the opposing party by a letter or a phone call. He or she will transmit your position to the opposing party and request a response.
If your matter is already in litigation, the lawyer may begin filing lawsuit papers to defend you, or he or she may advise mediation, negotiation, or other methods of settling your case.
You and your lawyer will continue to communicate, discuss, and move your case forward.
Every action done on your file will be communicated to you. Every correspondence that is sent out will be confirmed with you beforehand.
As your case progresses, the lawyer will continue to advise you on the best course of action.
Your Initial Legal Consultation
You have the option of meeting in person, over the phone, or virtually. Our receptionist will greet you and offer you a beverage.
You'll wait in our waiting room until the lawyer comes to greet you.
The lawyer will explain that all communication is private and what he or she can do to assist you.
The lawyer will first listen to all you have to say, then ask you questions for clarity before giving you legal advice.
The lawyer will usually lay out a timeline for the procedures ahead, as well as the prospects of your matter and choices available to you.
The lawyer will tell you how much of a retainer we require, whether your matter may be flat rate, and whether you would like to hire us.
Conclusion of Your File/Case
The majority of cases result in a mutual settlement or consent agreement, or in a trial.
Your lawyer will usually ask if you want to end your file with us once your matter is concluded, whether via mediation, negotiation, or trial.
If you respond yes, we’ll cancel your case, return all the papers you’ve given us and refund any remainder retainer.
Important documents are kept on your file for at least seven years.
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FREQUENTLY ASKED QUESTIONS
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WHAT IS THE TIME DURATION TO GET A DIVORCE?No lawyer has influence over the duration of a divorce. Many elements come into play, however, the following are the most important: How fast the parties reach an agreement on major issues like property division, child custody, child support, spousal support, visiting rights, and so on. Whether or not the divorce is disputed and/or litigated. Whether the parties are willing to engage in mediation, arbitration, or negotiated settlement. If the matter proceeds to a Trial. Your divorce will not be finalized until the judge signs the divorce order and the divorce certificate is issued. This might be as little as 8-12 weeks if everything goes smoothly, or it could be several months (or even years) if it doesn't.
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FOLLOWING A DIVORCE, DO FATHERS HAVE THE SAME PARENTAL RIGHTS AS MOTHERS?Before and after a divorce, a father has the same parental rights as the mother. If joint custody of the children is part of the divorce agreement, it will be retained after the divorce. Both parents have equal parental rights to spend time with their children and make decisions regarding their moral development and upbringing. If either parent is given sole custody of the children, the non-custodial parent is usually given visitation rights and only has the ability to make decisions for the children while they are in his/her custody.
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HOW ARE PARENTAL ASSETS DIVIDED DURING A DIVORCE IN ALBERTA?All of the following are considered marital property: Matrimonial residence. The vast majority of property or real estate is acquired during a marriage (with some notable exceptions). Accounts in a bank. Vehicles. Stocks, deposits, and bonds are all types of investments. Insurance policies. Property used for recreation. Pensions. Business interests. Valuable collections and furniture. Debts. In Alberta, marital property and debts are divided equally between two divorced spouses or adult interdependent partners. There are some kinds of property that are exempt from distribution. The following property is exempt from property division in Alberta: Assets that are a gift from a third party. Inheritance. Assets owned before the marriage or cohabitation. As award or settlement for damages in tort; and/or The proceeds received as a result of an insurance policy. Talk to one of our lawyers today, on how you can protect your marital and exempt property after separation.
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WHAT ARE THE BENEFITS OF AN UNCONTESTED DIVORCE?An uncontested divorce occurs when a couple agrees on all of the important aspects of the divorce agreement: Division of property. Custody and visitation rights for children. Child support. Support from your spouse. Any additional concerns. Children's arrangements must be authorized by the court, however, an uncontested divorce may not necessitate a court appearance. Your divorce attorney may be allowed to represent you in court. This offers a number of advantages to a contested divorce, including the following: Cost-cutting. Fewer delays - uncontested divorces might take weeks rather than months to conclude. Couples' stress levels are reduced. For youngsters, there is less anxiousness.
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WHAT IF WE DON’T AGREE TO ALL THE ISSUES IN OUR DIVORCE?If you and your spouse have not reached an agreement on all of the problems in your divorce, you have numerous options: Mediation Arbitration Litigation In mediation and arbitration, skilled specialists are employed to help the divorce parties reach an agreement. The primary distinction between the two is that a mediator (who may or may not be a lawyer) does not make any judgments. It is still the couples' obligation to make the ultimate decisions. Both spouses agree to follow the arbitrator's judgments, who will analyze the case independently and provide a ruling based on his or her professional opinion. With litigation, each spouse employs a lawyer to defend their case in Alberta's Family Court, and a judge will rule on any unresolved problems in the contested divorce.
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WHAT IS CONSIDERED COMMON LAW IN ALBERTA?The term ‘common-law’ is often used to describe a couple that lives together, with or without children, but is not married. The term ‘common-law’ is no longer used in Alberta laws. In June 2003, a law was passed that created ‘adult interdependent relationships.’ This law is called the Adult Interdependent Relationships Act. The term ‘common-law’ is, however, still used by other governments in Canada. For example, the federal government still uses the term ‘common-law’ for income tax purposes or for the purpose of receiving federal government benefits. In these cases, there is a time requirement of only one year of living together (as opposed to the requirements under the Adult Interdependent Relationships Act).
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WHAT ARE THE MAIN DIFFERENCES BETWEEN COMMON LAW AND MARRIAGE IN ALBERTA?In Alberta, there are several notable differences between marriage and common-law relationships. The significant differences are as follows: Marriage requires that you be at least 18 years old, although you can get into a common-law relationship at the age of 16 provided you have written consent from a guardian. In order to marry, a couple must first apply for and get a marriage licence, followed by a formal ceremony. There is no ceremony or licence in a common-law relationship. Partners in a marriage may not be related to each other, but this is conceivable in a common-law relationship. Marriage is recognized by the courts in Alberta as soon as the ceremony is done, however for a common-law relationship to be recognized by the courts as adult independent partners, the two persons must have lived together for at least three years or have children.
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WILL YOU NEED A SEPARATION AGREEMENT BEFORE DIVORCE IN ALBERTA?There is no need for an official agreement for a legal separation to take place. To be divorced in Alberta, your marriage must have ended and you must have one of the following: Separation for a year. Subjected to cruelty by your spouse. Victim of adultery. In the absence of cruelty or adultery, the court must be satisfied that you have been separated for at least 12 months. This normally entails having distinct addresses, but it is not required (you can live apart at the same property). Your divorce can begin after the separation time is up, but it will not be finalized until you obtain the divorce certificate, which is the result of the judge signing the court order.
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WHAT DURATION DO YOU HAVE TO BE SEPARATED BEFORE DIVORCE IN ALBERTA?In Alberta, like in the rest of Canada, you must be separated for at least a year before applying for a divorce.
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WHEN IS LAWYER-ASSISTED MEDIATION A GOOD OPTION?This is a form of separation/divorce in which the two parties decide to resolve issues without going through the courts. It involves a neutral third party (the mediator) helping you reach a self-determined and reasonable agreement regarding the separation in the presence of your lawyers. This process is frequently less expensive than litigation, less adversary, faster and you can settle your divorce on your own terms and with legal advice all the way.
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WHAT IS AN ADULT INTERDEPENDENT RELATIONSHIP?An adult interdependent relationship can exist in three situations: Two people have signed an Adult Interdependent Partner Agreement. (If two people are related by blood or adoption, they must sign this agreement to be considered adult interdependent partners). Two people have lived together in a relationship of interdependence for three years or more. Two people live together in a relationship of interdependence and have a child together, by birth or adoption. A “relationship of interdependence” exists where two people: share one another’s lives; and are emotionally committed to one another; and function as an economic and domestic unit.
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DO GRANDPARENTS HAVE RIGHTS?If grandparents are not permitted access to their grandchildren, they may make an application to the Court for access or visitation rights. From the court’s standpoint, the most important issue is the best interests of the child. In determining the best interests of a child, courts will consider all circumstances, including the love, affection, and emotional ties between the child and the grandparents, views and preferences of the child, ability and willingness of the grandparents to provide the child with guidance and education, and the relationship by blood or through an adoption order between the child and the grandparents.
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HOW CAN I ADOPT A CHILD IN ALBERTA?To adopt a child, you usually must live in the same Province as the child and you must usually be at least 18 or 19 years old. You do not have to be married but, if you are, your spouse must also agree in writing that he or she wants to adopt a child. A husband and wife can make a joint application if either is over 18 years of age or if the child they wish to adopt is the biological child of either of them. These adoptions are critically important to all involved. We understand this importance and the sensitive nature of the process. We have seen what can happen when the requirements of the law are not adhered to strictly. We are prepared to assist clients in a respectful and prudent manner to navigate the legal and social waters to a successful adoption.
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CAN I RELOCATE WITH MY CHILD?When one parent decides to relocate, it can have a profound effect on the child custody and access arrangement shared with the other parent. The Supreme Court of Canada has recently determined that a custodial parent cannot automatically move a child anywhere without the other parent’s consent. The decision to allow a child to be moved must be made in the best interests of the child. In most cases, a modification to parental agreements will need to be obtained when a parent decides to move away from where both parties live.
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