Even in the most amicable of situations, a divorce is a complex undertaking. There are often several matters that need to be negotiated, such as spousal support and the division of property, and for couples with children, child support, decision-making responsibility and parenting time (formerly custody and access). The process is time-consuming and involves the filing of many documents and an awareness and understanding of court procedural rules. Attempting to complete the process without sound legal advice can be a very frustrating exercise.
Mincher Koeman can help. Our firm is dedicated to the practice of family law and our lawyers are experienced in several issues related to the breakdown of a marriage, including the valuation and division of a business, identifying and locating hidden assets and other forms of financial non-disclosure, and even emergency protection orders, should they become necessary.
We have assisted many clients through the divorce process, from simple and cordial matters to the most high-conflict and complex divorces in the province. Our lawyers have considerable experience guiding clients through all types of divorce proceedings, including both courtroom trials and various alternative dispute methods. We will always advise a client on the most appropriate resolution method for their specific circumstances, in order to save time and expense. We have even developed a system that allows couples seeking an amicable divorce to prepare their own agreements with minimal involvement from their lawyers if it suits the situation.
A divorce is a legal process that terminates a marriage. In order to apply for a divorce in Alberta, one spouse must have resided in Alberta for at least one year. Divorces in Canada are governed by the Divorce Act, which outlines the laws regarding divorce, the laws related to child support, decision-making responsibility and parenting time for children of the marriage, and the laws related to spousal support for married spouses. It should be noted that separations of common-law couples are governed under separate provincial legislation, knows as the Adult Interdependent Relationships Act.
The spouse applying for a divorce begins by filing a Statement of Claim for Divorce in the Court of Queen’s Bench of Alberta. The filed Statement of Claim must be then be served upon the other spouse. If the party filing for divorce wishes to make any claims regarding child support, spousal support, decision-making responsibility and/or parenting time, they should be listed in the Statement of Claim for Divorce. A party who is served with a Statement of Claim for Divorce may respond by filing a Statement of Defence and/or Counterclaim seeking child support, spousal support, decision-making responsibility and/or parenting time. There are time limits for filing these documents.
The parties are not divorced until a Divorce Judgment has been granted by a Justice of the Court of Queen’s Bench. The Divorce Act states the court must ensure that appropriate arrangements are made for the payment of child support before a Divorce Judgment will be granted. A Divorce Judgment does not finalize the division of matrimonial property.
Even the most cordial of circumstances, anyone seeking a divorce should have an initial consultation with a lawyer to receive a legal opinion regarding their possible rights and obligations.
The divorce lawyers at Mincher Koeman want to ensure our clients are kept up to date on each step of their divorce matter. We make it a point to provide updates to clients in a timely manner, and to respond to all questions and inquiries within two business days if possible. Providing stellar client service is our mandate, and we take that responsibility seriously.
Our office is designed to be a casual and comfortable environment for our clients, as we want to make the divorce process as painless and accessible as possible. We have a friendly staff and team of lawyers, who are more than willing to answer any and all questions a client may have. Our office even has a playroom for a client’s children to use while their parent(s) are with their lawyers, fully equipped with many entertaining distractions.
Whether a divorce is low-conflict or highly contentious, simple or complex, Mincher Koeman aims to ensure that our clients are steered towards the most efficient and cost-effective resolution. Our family lawyers are committed to treating your matter with empathy and skill, putting our considerable experience to work for you. Please contact our office to make an appointment to discuss your matter with one of our divorce lawyers today by calling us at 403-910-3000 or by contacting us online.
707 7 Ave SW #1300,
Calgary, AB T2P 3H6
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