We’re With You All the Way As You Take the Next Step Forward
Parenting & Child Custody
Child custody means the legal rights and responsibilities each parent has towards their children’s care, while parenting refers to the time spent with the children without the other partner being present. Child custody should always be made in the children’s best interests, considering their children’s physical, emotional and psychological safety, and needs and circumstances. There are various types of custody agreements, including sole, joint and shared.
Child Support
Child support occurs when one parent makes monthly payments to ensure that the children are being supported adequately by both parents and their pre-separation standard of living is being maintained as much as possible. There are basic child support payments, including housing, clothing and food, and what is called section 7 expenses, such as medical premiums, school tutoring, extracurricular activities, and post-secondary education. The amount of child support is based on the tables called the Federal Child Support Guidelines.
Spousal & Partner Support
Spousal & partner support is a financial payment from one spouse or partner to another after a separation or divorce. Multiple factors can determine if the spouse is eligible to support and how much they will receive. These include the roles of each spouse or partner during their relationship, the financial means and needs of the spouses or partners, and if they have any children. Unlike child support, spousal and partner support is based on the parties’ cases and is more fluid to interpretation.
Uncontested Divorce
Uncontested divorces happen when both spouses agree to all family disputes during the divorce proceedings. These can include the grounds for divorce, parenting and custody agreements, any child and spousal support and the division of property acquired during the marriage. Uncontested divorces are quicker and more cost-effective and do not require the spouses to appear in Court.
Property Division
During a divorce, the properties and assets, including investments, bank accounts, vehicles and business assets acquired during the marriage, must be divided between the parties. Spouses can negotiate an equitable division between properties and assets based on their value. A prenuptial, cohabitation agreement or post-nuptial agreement may determine how the property is to be divided. The Court is mandated to divide all joint assets equally unless a party meets certain conditions for an unequal property division.
Mediation & Arbitration
Mediation and arbitration are alternative dispute resolutions that aim to resolve any major issues in a divorce or family dispute without needing litigation. Mediation involves a neutral third-party professional who acts as a facilitator to help spouses or partners reach reach an agreement. Arbitration is when an arbitrator makes the final decision of the disputes, including division of marital assets, child and parenting custody, and child, spousal or partner support.
In Alberta, there are three legally accepted grounds for divorce: separation (which occurs after spouses have lived apart for at least one year), adultery (when one of the spouses has sexual relations with someone other than their spouse) and cruelty, which includes mental and physical harm. Even if there is more than one ground, only one is required for a divorce.
Our Calgary divorce lawyer can guide you through any complex divorce process. First, you’ll have to prepare a Statement of Claim for Divorce before filing it to the Court. The spouse who filed the divorce is named the “Plaintiff” and must “serve” the other spouse (the “Defendant”) before allowing them to respond to the dispute or seek a resolution. If no resolution can be obtained, the Court will review the case and make all of the decisions. Spouses will receive a Certificate of Divorce when finalized.
Divorce can be difficult for children, which is why it’s important to support them during this process. Parents should be honest about why the divorce is occurring without blaming the other spouse while always presenting a united front when together. Children will need reassurance and help with their own feelings and should never be pressured to take sides. McLean Legal can help you with guidance on how best to support your children.
An uncontested divorce with no children or property to divide, and no spousal support claim, may not require a divorce lawyer if you can navigate the Court forms/process. However, if dividing property, discussing child and spousal support, or parenting, it’s best to get legal counsel.
The price of filing a divorce, divorce lawyer fees and Court costs depend upon each case’s unique circumstances. It’s best to consult with our lawyers for this information.
Spouses will need to be separated for at least one year before a divorce agreement is made. It can take between three to six months for the divorce to be granted. It is possible to quicken the process in limited circumstances, but it requires an Application and a Court Order.
Visit Us
©2024 McLean Legal | Terms | Sitemap