Dedicated Legal Team for Contested and Uncontested Divorce

Our dedicated legal team specializes in both contested and uncontested divorce proceedings, providing comprehensive support and expert guidance tailored to meet the unique needs of each client. We understand the emotional and financial complexities involved in divorce and are committed to ensuring a smooth and efficient process. Whether navigating amicable separations or complex disputes, our experienced lawyers are here to protect your interests and achieve the best possible outcomes. Trust us to handle your divorce with the utmost professionalism and care.

 

Understanding Divorce Law in Edmonton, Alberta

Navigating divorce law in Edmonton, Alberta requires a nuanced understanding of both provincial and federal regulations that govern family law matters. Our team is well-versed in the intricacies of Alberta’s legal framework, ensuring that clients receive informed and strategic advice tailored to their specific circumstances. Whether dealing with property division, child custody, or spousal support, we are committed to providing clear guidance and effective representation to help you achieve a fair resolution. Trust our expertise to guide you through the legal complexities of divorce in Edmonton with confidence and clarity.

Grounds for Divorce

In Canada, the grounds for divorce are primarily based on the breakdown of the marriage, which can be established in one of three ways: separation for at least one year, adultery, or cruelty. Separation is the most common ground, requiring the spouses to live apart for a minimum of one year with the intention to end the marriage. Adultery and cruelty are fault-based grounds, where one spouse must prove the other’s misconduct. Understanding these grounds is crucial for navigating the legal process of divorce effectively.

Separation & Divorce Settlement Agreements

Separation and divorce settlement agreements are crucial documents that outline the terms agreed upon by both parties regarding the division of assets, child custody, spousal support, and other relevant matters. These agreements are designed to provide clarity and prevent future disputes by clearly defining each party’s rights and obligations. Crafting a comprehensive settlement agreement requires careful consideration of each party’s needs and circumstances, ensuring that the terms are fair and equitable. Such agreements can significantly streamline the divorce process by minimizing the need for court intervention.

Reconciliation

Reconciliation in the context of divorce refers to the process where separated spouses attempt to resolve their differences and resume their marital relationship. This process can occur at any stage before the finalization of a divorce and may involve counseling or mediation to address underlying issues. Successful reconciliation can halt divorce proceedings, while unsuccessful attempts may still provide clarity on unresolved matters, potentially influencing the terms of a divorce settlement. Understanding the dynamics of reconciliation is important for those considering or undergoing separation, as it offers an opportunity to reassess the future of the marital relationship.

 

Benefits of Hiring an Experienced Divorce Lawyer

Hiring an experienced divorce lawyer offers numerous benefits, including expert guidance through the complex legal landscape of divorce proceedings. An experienced lawyer can provide strategic advice tailored to your unique situation, ensuring that your rights and interests are protected. They are adept at negotiating favorable terms for settlement agreements, handling disputes efficiently, and minimizing the emotional and financial strain of divorce. With their in-depth knowledge of family law, an experienced divorce lawyer can help you navigate the process with confidence and achieve the best possible outcomes.

 

What is family law?

Any legal matters involving parents, children, and other family members are often contentious and complicated. Family law is dedicated to governing the relationships between parents, spouses, and their children. Due to differences in severity in various situations, marriage and divorce disputes are regulated by the federal jurisdiction, while provincial laws govern other categories such as matrimonial property disputes and adoption.

When you’re represented in a separation by our divorce lawyers, our team handles everything through the mediation and negotiation process. If your situation cannot be resolved outside of the court, we are prepared to represent you with our experience at all levels of court in Alberta, where we will vigorously advocate for you for the best possible outcome.

How does it work?

Based on the particular case, lawyers that practice Family law represent their clients in family court proceedings, related negotiations and also create appropriate legal documents per the individualized case.

Or family lawyers represent our clients through mediation and negotiation. If your matter is unable to be resolved outside the court process, our lawyers have experience at all levels of court in Alberta where they will vigorously advocate to get the best possible outcome.

That’s why, we take the time to investigate alternative methods for the prompt disposition of legal actions that parties can utilize to obtain a final resolution to their disputes, including negotiated settlements, mediation, arbitration, Judicial Dispute Resolutions, or summary procedures.

How can our divorce lawyers help?

One of the biggest areas of focus for our firm is the family and divorce law. Because of the emotions and personal ties involved, it’s no surprise that it is a long, tiring, and stressful process for all parties involved. We are committed to being at your side throughout the proceedings, not only to provide legal advisement but for emotional support as well.

Since it can be long and expensive, we do what we can to find a fast resolution to disputes, including negotiated settlements, mediation, arbitration, Judicial Dispute Resolutions, or summary procedures.

The average cost for an advisor in Canada

The average family law trials costs an average of $10,000.00 – $15,000.00 per day! For trials that extend to 5 business days, you could be looking at a $75,000 bill. Put your trust in Forum Law, and we’ll fight tooth and nail to ensure your case goes off without a hitch and to give you the best case scenario.

The process of divorce: Step by Step

The first step in the divorce process is to ensure you qualify. Couples must be married for at least one year to file for a divorce. If you’ve been married for less than a year, you should seek an annulment. However, if you’ve been married for more than a year and qualify for a divorce, the first step is to pay a $260 fee to the Clerk of the Court of Queen’s Bench. After that, our divorce lawyers will guide you through the following additional steps:

STEP 1: Qualification

To first qualify for divorce, you must be married for at least one year. If you have been married for less than a year, then you would qualify for a marriage annulment, not a divorce.

Seeking an annulment instead? Due to the process of marriage, the court system has a built-in safeguard to ensure that those seeking an annulment are doing so on ethical grounds. As a result, the individual seeking an annulment must prove to the court that it is on righteous grounds. Annulments will not be granted if you and your partner had previously lived together in the same household as a husband and wife and typically show reluctance if children are involved.

STEP 2: Splitting of assets

If you and your spouse are unable to reach an agreement on which assets will be given to whom, you must file a matrimonial property action. This will typically require the guidance of a lawyer due to the complexity of divorce cases.

STEP 3: Serving your spouse

Once you file your claim, you must serve a copy of the claim to your spouse. The reason for this is that by law, your spouse must know that you have started the process of divorce. Due to the severity of divorce, the claim MUST be filed in person by the individual or by yourself. If necessary, you may hire a processing server to serve the claim on your behalf.

STEP 4: Waiting for a response

Now that your spouse has been served, they have 20 days to reply to the claim if they are located in your province, 1 month if they are in another province. Under the condition that your spouse is not located in Canada, they have two months to respond.

STEP 5: Contesting or agreeing to divorce

Contesting the divorce

In scenarios where your spouse disagrees with the divorce, they will legally be required to file a statement of defence. This document will entail their objections to your original claim such as parenting rights, spousal support or the division of assets. Your spouse may choose to file a counterclaim at this time.

Agreeing to divorce

If your spouse agrees to the divorce, they are choosing not to object to any of the terms in their statement of claim and are not contesting the divorce. From here on out, they will only be informed of the status of the divorce and there will be no court hearing. In some situations, your spouse may not respond at all and as a result you are able to file a noting in the default document. In this scenario, the divorce will continue however they will have no involvement whatsoever.

STEP 6: Divorce judgement

If the judge believes that a divorce is qualified, they will grant a divorce judgment. While a judgment may be filed, child support, parenting rights and various other notions can continue to be changed throughout the court process.

STEP 7: Appealing the divorce

Under the conditions that either you or your spouse would like to appeal the divorce judgment, you are able to file a document called the notice of appeal. Please note that this must be done within 30 days of the divorce judgment.

STEP 8: Finalization

The divorce will be finalized 31 days after the court successfully grants the judgment (Unless special circumstances were granted during the divorce). At this stage, you can apply for a certificate of divorce if you require the document in the future.

 

Other Services Our Divorce Lawyers Provide

Marital Property Division

Marital property division involves the equitable distribution of assets and liabilities accumulated during the marriage. This process requires a thorough assessment of both parties’ financial situations to ensure a fair allocation. Factors such as the length of the marriage, contributions to the marriage, and future financial needs are considered.

Spousal Support

Spousal support, also known as alimony, is a financial obligation one spouse may have to the other following a separation or divorce. The purpose of spousal support is to address any economic disparities between the spouses, ensuring that both parties can maintain a reasonable standard of living post-divorce. Factors influencing spousal support include the length of the marriage, the roles each spouse played during the marriage, and each party’s financial needs and abilities. 

Child Custody

Child support is a financial obligation that ensures the well-being and care of children following a separation or divorce. It is typically paid by the non-custodial parent to the custodial parent to cover expenses related to the child’s upbringing, including education, healthcare, and general living costs. The amount of child support is determined based on guidelines that consider the income of both parents, the number of children, and any special needs the children may have. An experienced lawyer can help ensure that child support arrangements are fair, adequate, and in compliance with legal standards.

Relocation of Children

Relocation of children in the context of divorce or separation involves legal considerations to ensure that any move serves the best interests of the child. This process often requires the consent of both parents or a court order, especially if the relocation significantly affects the child’s relationship with the non-custodial parent. Factors such as the reasons for the move, the impact on the child’s well-being, and the feasibility of maintaining parental relationships are evaluated. We can assist in navigating the legal requirements and advocating for a resolution that prioritizes the child’s needs.

Division of Property and Assets

The division of property and assets during a divorce involves the equitable distribution of all marital property acquired during the marriage. This process requires a comprehensive evaluation of both tangible and intangible assets, such as real estate, investments, and retirement accounts. The division is guided by principles of fairness, taking into account factors like the length of the marriage, each spouse’s contributions, and future financial needs. We can provide valuable assistance in negotiating a fair division of property and assets, ensuring compliance with legal standards and protecting your interests.

 

Why Choose Forum Law as Your Divorce Lawyers in Edmonton

Choosing Forum Law as your divorce lawyers in Edmonton means entrusting your case to a team of dedicated professionals with extensive experience in family law. Our firm is committed to providing personalized legal services that prioritize your unique needs and circumstances. We offer strategic advice and effective representation, ensuring that your rights and interests are protected throughout the divorce process. With a deep understanding of Alberta’s legal landscape, Forum Law is equipped to handle complex divorce matters with professionalism and care, striving to achieve the best possible outcomes for our clients.

 

Get Help With the Family Law Divorce Process

Divorce and matters involving family law are not easy. At Forum Law , our divorce lawyers are committed to providing our clients with knowledgeable and compassionate representation through life’s most challenging times. If you need assistance with a family law matter or one of the other areas of law we practice, we invite you to contact our litigation lawyers for a free 15-minute phone consultation.