Alberta Divorce Guide, Part 2: Preparing for Divorce

In our previous installment, we provided a foundational overview of the divorce process in Alberta, Canada. As we continue this series, it is important to review the practical steps involved in preparing for a divorce. This blog post will explore the critical areas of information gathering, legal consultation, understanding divorce types, and selecting the most appropriate proceeding option.

Gathering Essential Information

The initial phase of divorce preparation often involves gathering a comprehensive set of documents. These documents serve as the evidentiary basis for legal proceedings and can significantly impact the outcome of the divorce process. Key items to collect include:

Marriage Certificate

This document establishes the legal union between the parties and is a fundamental piece of evidence. It is essential for proving the existence of the marriage and serves as a foundational document throughout the divorce proceedings.

Financial Records

Gather various financial documents to provide a complete picture of the couple’s financial situation. This includes bank statements, credit card statements, tax returns, investment information, retirement accounts, pension plans, and other relevant financial records. These documents will be used to determine the division of assets and debts.

Property Documents

Collect all documents related to the couple’s property, including deeds, titles, property tax assessments, mortgage statements, and any other documentation pertaining to real estate, vehicles, personal belongings, and other assets. This information will be used to determine the equitable division of property.

Debt Records

Gather information about outstanding debts, including mortgages, loans, credit card balances, student loans, and other financial obligations. This information will determine the division of debts between the parties.

Child-Related Documents

If children are involved, collect birth certificates, parenting plans, child support orders, school records, medical records, and other relevant documents about child-related matters. This information will determine parenting arrangements, child support, and other child-related issues.

Consulting with an Alberta Family Law Lawyer

Navigating the complexities of Canadian divorce law requires the expertise of a qualified family law lawyer. A legal professional can provide personalized advice, explain the legal process, and protect your rights throughout the divorce proceedings. When selecting a lawyer, consider their experience, reputation, and compatibility with your needs.

Understanding Divorce Types

In Alberta, divorce proceedings can be classified into two primary categories:

Contested Divorce

This occurs when the parties cannot agree on the terms of their divorce, such as property division, spousal support, or parenting arrangements. In a contested divorce, a court must adjudicate the matter through a legal process. This typically involves presenting evidence, arguing legal points, and allowing a judge to make a decision based on the applicable laws and evidence.

Uncontested Divorce

This arises when the parties successfully negotiate and agree upon all the terms of their divorce. Uncontested divorces are generally simpler and faster to complete compared to contested divorces. However, even in uncontested divorces, it is often advisable to consult with legal counsel to ensure that the agreed-upon terms are fair and equitable.

Selecting the Appropriate Proceeding Option

The choice of proceeding option depends on various factors, including the complexity of the divorce, the parties’ willingness to cooperate, and their financial resources. Common options include:

Litigation

Litigation involves a formal legal process where a court adjudicates the divorce terms. Litigation is typically the most adversarial and time-consuming option, and it can be expensive due to legal fees, court costs, and expert witness fees. It involves a series of court hearings, evidence presentation, and legal arguments. Litigation can be lengthy and stressful, and it can be difficult to maintain control over the outcome. However, sometimes, litigation may be necessary to protect your rights or resolve complex legal disputes.

Mediation

In mediation, a neutral third party, known as a mediator, facilitates communication between the parties and helps them negotiate a settlement. Mediation is a more informal and flexible process than litigation, allowing the parties greater control over the outcome of their divorce. Mediators can assist the parties in identifying their interests, exploring potential solutions, and reaching a mutually agreeable settlement. Mediation can be more cost-effective and less stressful than litigation, but it may not suit all couples.

Arbitration

Arbitration is a private dispute resolution process where a neutral third party, known as an arbitrator, is appointed to hear evidence and make a binding decision on the matters in dispute. Arbitrators are typically experienced legal professionals who have expertise in family law. Arbitration can be a faster and less expensive option than litigation, as it allows the parties to choose their arbitrator and set their own schedule for the proceedings. However, arbitration can still be a formal process and may be more expensive than mediation. Arbitrators are typically paid for their services, and additional costs may be associated with preparing for and participating in the arbitration process.

Collaborative Divorce

Collaborative divorce is a non-adversarial approach in which both parties agree to work with their lawyers to reach a mutually agreeable settlement. It is typically more amicable and cooperative than litigation or arbitration, as it emphasizes communication, negotiation, and problem-solving. Collaborative divorce can be a good option for couples committed to working together to find the best solution for everyone involved. However, it may not be suitable for couples who cannot communicate effectively or have significant disagreements.

Additional Considerations

Beyond the core elements discussed above, there are several other factors to consider when preparing for a divorce:

• Emotional Well-being: Divorce can be emotionally taxing. It’s important to seek support from friends, family, or a mental health professional to cope with the emotional challenges that may arise.
• Financial Planning: Divorce can have significant financial implications. It’s advisable to consult with a financial advisor to assess your financial situation, develop a budget, and plan for the future.
• Parenting Arrangements: If children are involved, it’s essential to consider parenting arrangements, child support obligations, and parenting time schedules.
• Spousal Support: In certain cases, one spouse may be entitled to spousal support from the other. Factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage are considered when determining spousal support.

Conclusion

Preparing for divorce requires careful planning and legal guidance. Individuals can navigate the divorce process with greater confidence and minimize its emotional and financial impact by gathering essential information, consulting with a qualified lawyer, understanding the available divorce types, and selecting the most appropriate proceeding option.

In our next installment, we will delve into the critical financial considerations of divorce, including property division, spousal support, child support, and tax implications.

Calgary Divorce Lawyers Helping You Navigate The Divorce Process One Step At A Time

Mincher Koeman is a leading Alberta family law firm. We are here to guide you through the complex and emotionally challenging process of divorce. With years of experience and a commitment to your best interests, we can help you navigate the complexities of divorce and family law. Contact us today for a confidential consultation by calling 403-910-3000 or online. Let us help you confidently navigate the divorce process and minimize its emotional and financial impact.