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The dissolution of marriage can be overwhelming experience. It is likely the most difficult experience a person will go through in their lifetime. Divorce will influence your future life and the lives of your children. However, you can get through it with dignity and planning. Contested divorces can bring out the worst in people, especially when a spouse feels betrayed and can fuel the divorce battle. Since divorce can be an annihilating experience, you require an experienced family lawyer during your divorce proceedings to handle your case. Divorces can involve legal issues such as matrimonial property division, child custody, child support, spousal support, relocation of children to another city.
Our Calgary Family Lawyers will help you to obtain the best possible outcome in court. We always listen. The first step to a contested divorce is to organize your case in cognizant manner. We will go over each aspect of your case to map out a plan of action. We will always listen to your concerns and explain all options to you and then help you make the most proficient decision in your case.
The duties of family lawyers includes:
- analysis of facts and document, and preparation of application for divorce;
- participation in court hearings;
- analysis of the situation from the point of view of possible consequences of divorce (spousal support, division of property, and disputes on children);
- support translation and legalization of foreign documents in divorce cases; and
- support with enforcement of the judgment.
Divorce doesn't have to involve a courtroom unless you and your former husband/wife can not agree. A court will be involved only if negotiations and collaborative methods fail. Mediation and collaborative divorces are a great options for families that can work through their differences and reach agreement on all aspects of the divorce.
There are 3 legally accepted grounds for divorce, according to the Divorce Act:
· constant verbal abuse, such as insults or threats
· excessive drug use
Note: the cruelty must be so severe that it makes living together impossible.
All family property (or formerly matrimonial property) by default is divided equally between spouses, unless one party can show legally that he or she is entitled to unequal property division due to legal exemptions.
Separate property or exempt property, usually refers to property that was acquired before marriage or the property a spouse received as a gift or inheritance during the marriage. However, note that the increase in value during marriage may be subject to property division.
If the grounds for divorce are properly pleaded, the court will most likely grant a divorce even if only one spouse wants it. However, there may be certain rare circumstances where the court might be reluctant to grant a divorce, such as when a parent owes extensive child support arrears or spousal support arrears.
If the parties file the divorce package jointly, then it takes 4 weeks to 16 weeks to get divorced.
However, if one of the parties does not consent to divorce, then it could take one year, or more, to get divorced.
(a) recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;
(b) apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;
(c) relieve any economic hardship of the spouses arising from the breakdown of the marriage;
(d) in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.
Current address: Suite 222, 1100 8 Avenue SW, Calgary, Alberta T2P 3T9, Canada
Effective July 5th, 2021: find us at Suite 320, 634 6 Avenue SW, Calgary, Alberta, T2P 0S4
09:30 am – 05:30 pm
NOTE: Please do not send any confidential information or details about your case via this page or by email. We will not review any information sent to us, and we will not give advice until we have booked a consultation with you.
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