Divorce Lawyers Edmonton
Are you worried about your upcoming divorce and don’t know what steps to take? KBL Law Family Lawyers Edmonton have you covered. We are here to provide you personal guidance on what steps to take during this sensitive time.
No two cases are the same, and yours is unlike any other case. We are here to ensure situation based guidance exclusively for you so that you get individual attention along with your family. Our first priority is to ensure that your rights are protected through each step of the process.
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Questions Surrounding Divorce in Edmonton, Alberta
For couples considering divorce, several crucial questions must be addressed:
- How will our assets be divided?
- Who will receive primary custody of the children?
- Is spousal support a possibility?
Before initiating the divorce process, it is important to clearly understand your grounds for divorce, as these reasons can significantly impact the terms of your settlement.
For professional advice based on your specific situation, get in touch with our divorce lawyers in Edmonton.
What Are The Reasons for Divorce in Edmonton, Alberta
Under the Divorce Act, marital breakdown is the sole legal ground for divorce. A marital breakdown can be established through one of the following reasons:
Separation
If you and your spouse have lived apart for at least one year, you can file for a divorce on the grounds of separation. You may initiate the divorce proceedings during this one-year period, but the court can only finalize the divorce after the year has ended.
Living together during this time is permissible for financial or family reasons, but you must demonstrate that you were effectively separated despite sharing a home.
Adultery
Adultery occurs when a married person engages in a romantic relationship with someone other than their spouse. If your spouse has committed adultery, you can file for divorce based on this ground immediately after discovering the affair.
Cruelty
If your spouse has inflicted physical or mental harm on you, including acts of violence, verbal abuse, excessive drinking, or drug use, you can file for divorce on the grounds of cruelty. The cruelty must be severe enough to make living together intolerable, and even a single incident can be grounds for divorce.
Steps for Divorce in Edmonton, Alberta
The divorce can be really simple with professional help from a Divorce lawyer Edmonton. You won’t have to deal with the complexities of the legal system. Here’s a brief overview of the steps we can help you with:
- Filing the Statement of Claim for Divorce: This essential document must be officially filed at the local courthouse. In a joint divorce, both partners submit their statements together.
- Officially Return the Completed Statement: After completing the Statement of Claim for Divorce, it should be officially returned to the courthouse.
- Delivering the Statement to the Defendant: The next critical step involves serving the divorce statement to the defendant. Importantly, this must be done by someone other than yourself.
- Defendant’s Opportunity to Respond: The defendant has specified time limits to contest the Statement of Claim: 20 days within Alberta, 30 days if they are outside Alberta but within Canada, and 60 days if they are overseas. If there is no response within these periods, you may proceed with filing the necessary affidavits and requests for finalizing the divorce.
- Judicial Assessment and Signing Off: The court will review the divorce documents to ensure everything is in order before signing off on the divorce judgment. This process generally takes between four to six weeks.
- Obtaining the Certificate of Divorce: Once the Divorce Judgment has been signed and after a mandatory 31-day waiting period, you and your ex-spouse can apply for a Certificate of Divorce from the courthouse. This document officially confirms the dissolution of the marriage.
Get Legal Help When You File for Divorce in Edmonton
KBL Law LLP is an established Edmonton-based firm we practice in that area. We assist with Separation Agreements and Divorce filings to help our clients navigate a difficult time of change as peacefully and amicably as possible.
Contact us at (780) 489-5003 to schedule a free consultation with Reshma Bhambhani, an experienced Divorce Lawyer in Edmonton, for valuable legal advice and divorce assistance.
Legal advisors keep you informed on the rights and obligations you have under the agreement.
How to Resolve Disputes Without Going to Court in Alberta
Divorce doesn’t always mean involving the court in a decision. It can be solved in other ways that don’t involve a legal battle. Many times, even if it seems like two people can’t agree on anything, they can find a solution by just talking it out and focusing on what they both want to achieve together. Here are the different methods you can opt for:
Divorce Mediation
- You can avoid the court by choosing mediation.
- Proceed to talk to a neutral mediator to resolve disagreements.
- Discuss things like who owns what, parenting time, child support, and spousal support.
- Multiple sessions may be needed.
Collaborative Law
- Both partners work together with trained lawyers.
- Solve divorce issues openly and without going to court.
- Focus on solutions for children’s living arrangements, shared parenting, property division, and financial matters.
Uncontested Divorce
- Both partners agree on all major divorce issues.
- Discuss reasons for divorce, how to split property, child custody and visitation, and financial support.
- No need for court if everything is agreed upon.
Difference Between Divorce and Separation Agreement
A separation agreement is an agreement between two parties that mutually agree to separate but remain legally married. It encapsulates terms like child support, spousal support, property distribution, and child custody. It can serve as a medium for a relatively simpler divorce process in the future.
On the other hand, a divorce is an official ending of a marriage by the court or government bodies. Consider it an official end to the marriage. A separation agreement can help with the divorce but is not a requirement. After the divorce, the individuals can legally remarry, should they choose to.
But if they stay together longer than 90 days, they can’t use the one-year-apart rule for a divorce anymore. They would need to start counting the separation time all over again and wait another whole year from when they last split up before they can ask for a divorce.
Child Custody
Child/Spousal Support
Parenting Access
Division of Matrimonial property
Grounds for Divorce
The Role of Edmonton Divorce Lawyers at KBL Law
Marital Property Division
When couples decide to separate or divorce, they must figure out how to split up their property and debts. At KBL Law, our lawyers help with this by either making a legal agreement or getting a court decision.
Couples can choose to have a neutral person (arbitrator) decide how to split their property following the rules, or they can work it out together through mediation. Our divorce lawyers in Edmonton are here to guide you through this process to ensure everything is fair.
Spousal Support
Spousal support is an important issue for couples going through a divorce. It involves one person providing financial support to the other. At KBL Law, we ensure that everything is handled fairly, whether you need to give support or receive it. This is important for married and unmarried couples, including those who have lived together for three years or more or have children.
Child Custody
When parents split up, taking care of the children’s needs is very important. Our family law lawyers ensure that the agreement looks out for the children’s best interests. We help parents agree on who cares for the children and ensure that this agreement is followed properly.
Child Support
Child support is money that parents pay with the costs of raising their children. This includes basic things like food, clothes, and housing and might also cover special costs like school activities or medical care. At KBL Law, we help you determine a fair way to determine child support based on how much money each parent makes. We make sure your children have what they need from both parents
How to Choose the Right Divorce Lawyers in Edmonton
Choosing the right divorce attorney is very important. Here’s why KBL Law is a great choice:
Strong Legal Experience
Our divorce lawyers at KBL Law have over ten years of experience in family law, which helps them provide accurate and reliable advice. We encourage you to meet with our lawyers to discuss your needs and understand their expertise.
Calm and Focused
It’s helpful to have a calm lawyer who is focused on resolving issues efficiently during a divorce. Our lawyers at KBL Law are skilled at managing cases smoothly and with minimal conflict.
Support Through Mediation
Mediation can be a less stressful way to resolve divorce issues, especially when children are involved. Our lawyers are experienced in mediation and can guide you to a fair agreement without going to court.
Fair Pricing
It is important to find a lawyer with reasonable fees. At KBL Law, we offer transparent pricing that reflects the quality of our services. We explain all costs upfront, so there are no surprises.
Reach out to Divorce Lawyers in Edmonton Now
Divorce is tough and full of emotions, so it’s key to have someone on your side who can help you navigate through the divorce process. At KBL Law, our Edmonton divorce lawyers offer smart solutions for your divorce, helping you manage costs and stress.
We always aim to solve problems through negotiation first, but our lawyers are ready to fight for you in court if necessary to protect your rights.
FAQs
Edmonton divorce lawyers usually charge $1,500 to $2,000 for an uncontested divorce if both parties agree and the situation is straightforward.
Usually, an uncontested divorce in Alberta is completed in about three months. This time starts when the divorce papers are filed and ends when the final divorce decision is given.
No, you don’t need a separation agreement before divorce in Alberta. However, it is advised to sign it since it can save you a lot of trouble in the future.
In Canada, each spouse has rights in a divorce. They can get part of the property, maybe get support money, and help decide about the kids. This process has legal, financial, and emotional steps.