by admin | Oct 16, 2021 | Blog
A deteriorating situation at home can come to a head and require immediate intervention by the police. An argument that escalates into family violence or a prolonged period of abuse that finally makes someone decide to do something can result in the issuance of a restraining order. An Alberta restraining order is a legal tool for shielding a person or family from a hostile family member. When you need a restraining order in Edmonton right away, you will want to ask the police for an emergency protection order (EPO). Under the right circumstances, an EPO will effectively result in emergency child custody in Alberta.
How Do I Get a Restraining Order in Alberta?
The urgency of your situation will determine whether you immediately seek an EPO or ask the Court of the Queen’s Bench for a protection order. If violence erupts in the home between family members or the imminent threat of violence is hanging over your head, then you can call the police.
Once the police arrive, you can ask the police to arrange for an EPO. A law enforcement agency has the power to get an EPO in place when you or your children require immediate protection. An EPO amounts to an Alberta restraining order without notice because the person named on the order does not get a chance to respond to the order until later. It takes effect without any advance warning, which can go by the term ex-parte order because one party was excluded from the process.
The EPO provides the police with the space to investigate a domestic dispute. This order is only temporary and requires judicial review within nine working days. A judge at the Court of the Queen’s Bench can then review the evidence and decide whether to end emergency protection or issue a Queen’s Bench protection order.
Although an EPO can lead to a longer-lasting Queen’s Bench protection order, you can petition the court for a protection order if a violent episode that involves the police does not occur. Perhaps you have good reason to fear a violent outburst should you try to leave and take your children. If that is your situation, you can inform the court of the threat that you face.
An application to the Court of the Queen’s Bench for protection would provide notice to the other party. That person may respond with a statement that contradicts your allegations. In the face of this, you must be prepared to provide reasons and evidence that would convince the court of your danger.
What Does a Restraining Order Do?
An EPO or Queen’s Bench protection order makes it possible to:
- Remove a violent person from the home
- Prevent that person’s return to the home prior to judicial review
- Ban the person from approaching family members at school, work, or elsewhere
- Prohibit communications or attempts to communicate with family members
Once a protection order is established, you can expect the police to arrest a person who violates its terms. For the most part, you will be in charge of monitoring the person’s compliance. When you see a violation, you should inform the police immediately. The police cannot enforce the order unless they know that it is being violated.
Who Can Get a Restraining Order in Alberta?
People who live together in a relationship, married or unmarried, may pursue a restraining order when they feel physically threatened by their partners or have already suffered attacks. In emergency situations, an EPO can happen in a single day although it will be reviewed within days by the Court of the Queen’s Bench.
Family violence is not the sole cause of restraining orders. Physical assaults or threats of violence between dating partners, neighbours, or co-workers can also justify an application for a protection order.
Do I Need a Lawyer to Get a Restraining Order?
In an emergency that involves the police, a lawyer will not be immediately involved. However, should law enforcement provide an EPO, you might benefit from seeking legal advice right away. The Court of the Queen’s Bench must evaluate the EPO, and you may want protection extended.
A lawyer could provide advice that helps you understand your rights at this important juncture. You may also need to discuss other matters related to separation, divorce, or child custody. Family violence often complicates this process and enhances the need for taking clear steps to protect your safety. Breaking up with a partner is the time of greatest risk for intimate partner violence victims.
Legal representation may improve your position should the other person attempt to minimize what happened and request that a judge end a protection order instead of issuing a new one. A lawyer could organize and communicate evidence that demonstrates the danger and reinforces your need for emergency child custody.
How to Get Emergency Child Custody
Alberta emergency child custody can come about in three basic ways:
- You received a protective order against the other parent after requesting one from the Court of the Queen’s Bench.
- You or someone else alerted a child protective agency in Alberta to the children’s danger, and the agency initiated the protection order.
- The police produced an EPO in response to a domestic violence call.
At times, provincial authorities can act when informed about a dangerous home for children. The government could conceivably remove the children and place them under the emergency custody of a guardian other than the mother and the father.
As stated above, an EPO usually arises when police are investigating family violence. When children are present, the EPO will often result in the removal of the allegedly dangerous individual and the granting of emergency custody to the parent deemed safe for the children in that moment.
Because an EPO only covers a short time span, it does not provide a long-term solution for keeping children from harm in the home. You may wish to consult a child custody lawyer before attending your court hearing about the custody order.
The court system often needs weeks or even months to schedule custody hearings. Prior to a hearing date, you can seek an interim or short-term custody order. They often are scheduled to expire once the hearing can be completed and a permanent order decided by a judge. A lawyer may help you obtain an interim custody order within days.
Pursuit of an interim custody order may be appropriate in the absence of a triggering event that causes the police to intervene with an EPO. Even if a parent is not violent to the children, you may have other reasons to prevent contact with the children, such as a parent who allows criminal activity in the home.
When Will a Court Approve Emergency Child Custody?
The legal system makes custody decisions based on the best interests of the child. Usually, a child’s best interests include contact with both parents. However, a judge will deviate from that standard over issues like:
- The immediate risk of physical or emotional abuse.
- Neglect of child
- The credible threat of parent fleeing the province or country with the child
- Parent’s whereabouts unknown
An emergency custody order in Alberta is meant to ensure children’s safety. Such an order does not automatically supersede the other parent’s right to seek parenting time or decision-making responsibilities. To prevent an unsafe custody decision, you will need to present evidence and make sure that the judge reviewing your case understands the threat that a violent family member poses to the children.
Talk to a Custody Lawyer Experienced With Difficult Situations
Being afraid of someone in your home is a very isolating experience. Your home is supposed to be safe. At Kolinsky Law, we can guide you through the legal process of disconnecting from an unsafe partner or spouse. We practice in all areas of family law and have assisted many people through trying times. You cannot assume that your children will be safe if you or they have already been threatened at home. Reach out to our office to speak with an Edmonton family lawyer about emergency child custody or a restraining order.
by admin | Oct 6, 2021 | Blog
Prenuptial Agreements Shield You From Financial Losses and Costly Divorce Disputes
Prenuptial agreements can be compared to disaster planning. No one wants bad things to happen, but being prepared for problems can reduce negative impacts. When it comes to marriage, people cannot obtain a 100% guarantee that their marriages will last. However, they can take concrete steps to avoid expensive divorce battles, which is exactly the purpose of a prenuptial agreement. Many reasons can motivate partners in Edmonton, Alberta, to complete a prenuptial agreement. This legal instrument is also known as a marriage agreement, marriage contract, or domestic contract.
Partners sign this contract prior to getting married. The contract spells out how they would divide their assets and debts should they choose to divorce. The terms may also address spousal support and child support.
How Does a Prenup Affect a Divorce?
A marriage agreement is meant to eliminate or reduce conflict during a divorce. Splitting couples turn to the agreement and follow the roadmap for marital dissolution that they agreed to earlier. This process typically keeps expenses to a minimum and produces a timely resolution.
The contract should spare people from having to spend large amounts of money on litigation. A divorce that requires a judge to settle two people’s differences will involve long delays, court fees, and lawyer fees.
Long delays mostly arise for two reasons. The ex-spouses might spend weeks or months arguing privately about property division or spousal support. When these discussions fail, they must schedule court appearances, which could be weeks or months in the future. This prolonged period leaves people unable to plan their next moves in life due outstanding questions about debt obligations, asset ownership, or income. Leaving the outcome in the hands of a judge also introduces risk for one or both parties.
Although a marriage agreement can reduce expenses related to divorce, a contested prenuptial agreement could have the opposite effect. A legal battle just to determine the enforceability of the contract will result in extra legal expenses. For this reason, a marriage agreement should be made in consultation with two lawyers. Each person needs a separate Edmonton prenuptial agreement lawyer during the process. Separate representation aids in the creation of an enforceable contract.
What Does a Prenup Do in Alberta?
A marriage agreement allows people to deviate from many of the rules established by the Family Property Act. This does not mean that a prenuptial agreement can impose grossly unfair terms, but it can let people decide for themselves what is fair and reasonable.
Marriage agreements may address:
- Use and ownership of assets during a marriage
- Rights and responsibilities of both parties during marriage
- Division of property in the event of divorce
- Spousal support amounts or formulas
- Child support amounts or formulas
- Education and upbringing of children
- Exclusion of property from marital union
- Exclusion of debts
- Shared responsibilities for debts
- Guidelines for child custody
- Other issues of importance to the couple as long as they legal
Can a Marriage Contract Supersede Family Law?
A marriage agreement willingly signed by both parties can in many situations produce outcomes that differ from what family law normally imposes. Should a court have to decide how to settle a divorcing couple’s affairs, the judge will apply the laws within the Family Property Act in Alberta and the federal Divorce Act. These laws are meant to divide spouses’ assets and debts in an equivalent fashion.
Family law at the provincial and federal level does exclude certain premarital possessions from marital property. A marriage agreement, however, can add more exclusions that would not normally be granted under existing law.
For example, a business owner who gets married might wish to address how the value of a business that accrues during the marriage would be divided in a divorce. Such a couple might agree that the non-business-owning spouse could receive 25% of value acquired during the marriage instead of half. Alternatively, other assets might be granted to the spouse in exchange for making no claims upon the business’s value.
Although a marriage agreement may talk about child custody or child support, its terms cannot violate family laws concerning these rights. The contract does not have the power to deny a parent access to children nor can it result in child support payments that would be lower than what child support guidelines would require. A court must review what the contract says about custody and support and evaluate the terms based on the best interests of the child before granting approval.
Why Do People Get Prenuptial Agreements?
When the super-wealthy and celebrities end their marriages, headlines often mention prenuptial agreements. This public view of prenups in Alberta can leave people with the impression that they are only for very affluent people. Although people with substantial fortunes have good reasons to use marriage agreements, the legal tool can benefit people in many situations.
Common reasons people get a prenuptial agreement:
- The spouses have very different levels of income.
- People have children from other relationships whose inheritance rights they wish to protect.
- A business owner wants to shield the company from financial disruption because a divorce could force the liquidation of assets.
- Ranchers wish to preserve family legacies and do not want the forced sale of land.
- A person wants to avoid being considered responsible for paying a partner’s debts.
- People want to be practical and plan their hypothetical divorces in a reasonable manner unhindered by hard feelings and hostility that could arise later.
How Can I Make Sure a Marriage Agreement Is Enforceable?
Creating a prenuptial agreement that can resist legal challenges starts with following the rules from the beginning. The contract must appear to have been negotiated in good faith and signed without any indication of pressure or coercion.
An important first step is for each person to hire a different lawyer. Independent legal advice is seen as crucial for helping people reach their own conclusions about fair contract terms.
Alberta law clearly states that enforceability relies on the partners having different lawyers. Each lawyer will have the client sign a document in front of a witness confirming that the following criteria were met:
- The signer understands the terms of the contract and what their effects will be if activated.
- If giving up claims to specific property or assets, the signer knows that family law would have given that person a right to it.
- The signer is acting voluntarily and not being forced to accept the terms.
When documentation does not indicate that someone had separate legal counsel or fully understood the terms, the prenuptial agreement becomes vulnerable to legal challenges.
A marriage agreement also must contain terms that are not overtly illegal for it to have a chance of withstanding legal attack. Presumably, legal representation would prevent someone from signing a contract that contained clearly illegal terms. Even so, provisions that appear very unfair or unreasonable might not survive judicial scrutiny if a departing spouse chooses to dispute them.
Can a Court Overrule a Prenuptial Agreement in Alberta?
Failing to comply with the requirements for legal representation and the witnessed statement that indicates understanding of the terms will give a court the power to ignore some or all of a marriage agreement.
Another major issue that can derail enforcement of a prenuptial agreement is the failure to disclose all assets or debts. If someone did not provide full information about finances, then the other party was robbed of the ability to make an informed decision about the contract.
The Importance of Personalized Legal Advice
Marriage agreements are delicate matters. Even raising the subject can hurt people’s feelings, but marriage or cohabitation agreements can help people truly know where they stand with each other.
A family lawyer at Kolinsky Law can evaluate your financial situation and future goals. You can get clear information about your rights under family law and how deviating from them could affect your future. Let us help you protect your financial interests from the potential threat of arbitrary judicial decisions. Schedule a meeting with an Edmonton prenuptial agreement attorney today.
by admin | Jul 22, 2021 | Blog
Separation in Alberta, like in many places, refers to the decision of a married or common-law couple to live apart, indicating the end of their cohabitation while still legally married or in a common-law relationship. The prerequisites for separation are not legally complex – it generally involves both deciding if a permanent separation or divorce is appropriate in their situation.
Partners agreeing to live apart. There is no formal process or specific conditions required for separation. Following are some unavoidable reasons to live apart;
- Marital issues: Conflict, communication problems, or irreconcilable differences can lead to separation.
- Emotional or physical abuse: Safety concerns may lead someone to leave the relationship.
- Infidelity: An affair can be a significant reason for separation.
- Financial problems: Financial stress can strain a relationship, leading to separation.
- Incompatibility: Couples may realize they have grown apart and no longer share common goals.
- Substance abuse: issues can lead to couples breaking up.
If they decide to separate, the couple should create a legal agreement that covers custody, property, and other matters. It’s worth noting that even if they’re living separately, legally married spouses can’t marry someone else. It’s vital to note that while separation itself is relatively simple, legal and financial considerations can be complex, especially when there are shared assets, debts, or children involved. Many couples in Alberta choose to create a separation agreement to address these matters and provide clarity during the separation period.
What is a separation agreement?
A separation agreement in Alberta is a legally binding contract between spouses who have chosen to live separately. This agreement outlines the terms and conditions of their separation, addressing various aspects of their separation, such as:
- Living Arrangements: It can specify where each spouse will live and other related details.
- Child Custody and Support: The agreement can cover issues related to the custody and financial support of any children from the marriage.
- Property Division: It may outline how assets and debts will be divided between the spouses.
- Spousal Support: The agreement can address financial support from one spouse to the other.
For a separation agreement to be legally valid in Alberta, several requirements should be met:
- Full Disclosure: Both parties must provide complete and honest financial information.
- Independent Legal Advice: It’s recommended that each spouse seeks independent legal counsel to understand their rights and obligations.
- Voluntariness: The agreement should be entered into voluntarily and not under duress.
- Fairness: The terms of the agreement should be fair and not heavily favour one party to the detriment of the other.
- Creating a separation agreement can provide clarity and stability during a separation, but it’s essential to consult with a family lawyer to ensure the agreement meets all legal requirements and addresses your specific needs.
How to nullify separation agreement?
If you’ve separated from your spouse and want to cancel the separation agreement, you can do so by submitting a request to the court. This will cancel any agreements about property or child custody. When you create this request, it’s crucial to have a lawyer look at it to make sure it’s correct. This helps avoid any delays. You need to sign the request in front of a notary before giving it to the court. Then, at a court hearing, a judge will officially end the separation agreement.
Reason for Opting for separation instead of divorce for various reasons:
- Separation agreements are often cheaper than divorces because they avoid the need for a court process. Lawyers can handle the agreement entirely.
- The same issues, like child custody, spousal support, and property division, can be addressed in a separation agreement.
- Legal benefits and pensions are still in place because you remain legally married.
- Some religious beliefs oppose divorce, so separation allows you to live apart while keeping your marital status.
- It lets couples work on problems like custody and finances while keeping the marriage intact to decide the best course of action.
- Legal separation can be undone, but divorce is final.
What’s the Difference Between Legal Separation and Divorce?
The terms “divorce” and “separation” are often erroneously employed interchangeably, yet they possess discrete legal definitions.
Fundamentally, divorce signifies the legal termination of a marital union, whereas separation denotes the circumstance in which spouses reside separately while maintaining their legal marital status. While this differentiation may seem elementary, it is imperative to comprehend these distinctions in order to appreciate the respective legal implications of divorce and separation. Continue reading to gain insight into these pivotal distinctions and the particular situations that govern the rationale behind a couple’s selection of one alternative over the other.
Divorce serves as the remedy for numerous couples encountering dissolution of their marital union. Electing to initiate divorce proceedings results in the termination of the legal marital status. Consequently, this entails the forfeiture of spousal benefits and necessitates the establishment of explicit provisions governing aspects such as child custody, property ownership, spousal support, among others, prior to the conferral of a divorce decree.
Under certain conditions, the court may decree a divorce conditionally, contingent upon the commitment to address these pertinent matters at a subsequent juncture.
The Divorce Procedure in Alberta
When initiating the divorce process, it is imperative to establish the requisite grounds for pursuing such an action. These grounds encompass living separately and apart from one’s spouse for a minimum of one year, instances of adultery, or cases involving physical or mental cruelty.
Although legal representation is not mandatory for commencing divorce proceedings, it is highly advisable. Legal counsel can proficiently compile the necessary documentation and provide guidance in formulating your assertions.
Upon the submission of the divorce application to the courts, it is mandatory to serve a copy of said application to one’s spouse. Subsequently, the respondent spouse is afforded a 20-day window to respond to the claim (extended to one month if they reside outside of Alberta and two months if they are situated beyond the borders of Canada).
In the event that your spouse concurs with the stipulations of the divorce, a court hearing is unnecessary, and a judge will assess your claim, subsequently bestowing a divorce judgment. Subsequently, the divorce process is deemed concluded after a period of 31 days.
However, if your spouse dissents and challenges the divorce, it necessitates bringing your claim before the court for adjudication.
Reasons for Opting for Divorce:
Several factors influence a couple’s decision to pursue divorce over separation:
- The desire of one or both spouses to enter into or contemplate future remarriage.
- The absence of significant advantages (e.g., medical insurance, pensions) associated with remaining in a legal marital union.
- A spouse’s explicit intent to sever all ties with the other spouse, including disassociating them as their next of kin.
- A situation where the couple is already living apart and wishes to formalize the dissolution of the marriage.
- Both spouses seek a complete legal disentanglement from one another.
Can a separation agreement be modified into a divorce settlement agreement?
Indeed, should the determination to pursue divorce manifest during the period of separation, the extant separation agreement can be smoothly transformed into a divorce settlement agreement. This course of action yields financial efficiencies, as it obviates the necessity for both parties to engage in proceedings within the family court system.
How financial matters are considered in divorce and Separation?
The financial implications of choosing between a separation agreement and divorce in Alberta can vary greatly depending on individual circumstances. Here are some general considerations:
Separation Agreement: Can offer financial stability and flexibility during the separation period. It may be financially better for couples who want to maintain certain benefits or share resources while living separately. This option can be cost-effective.
Divorce: Involves the legal end of the marriage, which includes property division, potential spousal support, and changes to financial arrangements. It may be financially better in the long term if significant assets need to be divided.
Do I need a Lawyer for Separation or Divorce?
To determine which is financially better, it’s crucial to consult with a family lawyer who can assess your specific situation and provide guidance tailored to your needs and goals.
Ending your marriage is not easy. You must navigate strong emotions. You may need to stand up for your rights to protect your financial future.
Kolinsky Law will empower you to make fully informed decisions during this major transition in your life. Learn how an Edmonton divorce lawyer can defend your best interests. Call (780) 757-6400 or email us today.
by admin | Jul 14, 2021 | Best Lawyers in Edmonton, Blog, Divorce and Separation, Divorce Attorney, Divorce Lawyer, Divorce Mediation
Divorces in Alberta, by their nature, are disruptive. When children are involved, family law has traditionally placed a priority on their physical and emotional needs due to the upheaval that they experience. The Divorce Act amendment that came into effect on March 1, 2021, elevates the best interests of the child. It also includes updated legal terminology, recognition of family violence, and addresses relocation issues.
As you consider ending your marriage, you should understand these changes to the Divorce Act. If you choose to go forward with a divorce, the new terminology and rules will impact the process. You may choose to consult an Edmonton Divorce Lawyer when you have questions about how the modernised Divorce Act could apply to your family situation.
What Is the Divorce Act?
The Divorce Act is national legislation originally passed by Parliament in 1968. It outlines laws concerning divorce, separation, and child custody and support. The act defines legal terms and rights and sets forth the process for dissolving a marriage. The Court of the Queen’s Bench of Alberta oversees divorces within the province in accordance with this federal law and other provincial family laws.
Why Was the Divorce Act Amended?
The amendments within section 12 of Bill C-78 address a variety of issues, but the primary purpose of the update was to increase the importance of the best interests of the child when making decisions around parenting time relocation. Although this principle has always held great legal importance, the amendment now directs courts to “only” consider the best interests of the child.
According to the Law Society of Alberta, other smaller changes in the amendment ease court burdens should an electronic hearing be needed or someone other than a parent needs to obtain or modify a contact order. New rules also apply to inter-jurisdictional applications.
Who Is Affected by the New Divorce Act Rules?
Anyone in Edmonton moving forward with a divorce after March 1, 2021, will follow the updated laws, terminology, and procedures as mandated by the amendment. If you already initiated a divorce before the effective date but have not yet received a final divorce order, then your divorce will move forward under the new laws.
Overview of Divorce Act Changes for Alberta Families
Because the amendment represents the first major overhaul of the Divorce Act in decades, it covers plenty of legal territory. For the most part, the changes fall into five major categories:
- Legal terminology
- Alternative dispute resolution
- Best interests of the child factors
- Family violence
- Relocation
New Divorce Terminology
Lawmakers eliminated the old terms “access” and “custody” and replaced them with “parenting time” and “decision-making responsibility.” Sometimes the previous terms caused confusion, and the new legal language may help people more fully understand their rights and responsibilities during the divorce process.
What Is Parenting Time?
This term describes the time that a parent and child spend together. Parents have the right to determine the schedule for dividing their individual time with children as long as they agree and a court does not deem the schedule to interfere with the best interests of the child.
Generally, parents choose to split their parenting time on a mostly equal schedule or assign the bulk of parenting time to one parent while the other parent has the children less often. Many reasons could prompt a parent to choose limited parenting time, such as a need or desire to live in a different location or an inability to provide an acceptable home for children.
What Is Decision-Making Responsibility?
Decision-making responsibility is not determined by the amount of parenting time that you have. A parent who must travel for work and therefore cannot provide the primary parental household may still have full or partial decision-making responsibilities. These responsibilities encompass the right to make major decisions about a child’s life in regards to education, religion, cultural traditions, health care, and extracurricular activities. You may need the representation of a divorce lawyer to influence whether you have full decision-making responsibilities, partial control, or no input over decisions.
Alternative Dispute Resolution
The amendment promotes the goal of avoiding litigation whenever possible. Mediation, collaborative family law, co-parenting counselling, and arbitration are all forms of alternative dispute resolution. According to the amendment, a divorce lawyer should advise you of these options and encourage you to explore ADR whenever feasible. Negotiating divorce agreements privately could resolve problems faster than waiting for a court to issue a decision.
Factors Guiding the Determination of the Best Interests of the Child
Now that the best interests of the child are preeminent when making decisions in a divorce, the updated laws provide more guidance about the factors used to define the best interests of the child. Previously, federal and Alberta laws offered little guidance beyond valuing the physical, emotional, and psychological well-being of a child. The amended federal Divorce Act now lists certain factors. However, a court may consider any pertinent issues even if they are not specifically included in the amendment.
Influential factors:
- Child’s needs according to age and developmental status
- Child’s relationship with each parent
- Parental willingness to have a relationship
- Parental history of caring for the child
- Child’s preferences considered in conjunction with child’s maturity level
- Child’s heritage
- Willingness and ability of parents to cooperate with caregiving
- History of family violence
Family Violence
The original Divorce Act and previous amendments contained no language about family violence. The 2021 amendment now clearly defines family violence and requires judges to consider it when deciding on a contact order. Among other issues, a judge must weigh the frequency or pattern of violence, nature of violence, and it’s physical, emotional, or psychological impact on the child. The law specifies that the violence does not necessarily have to be inflicted directly on a child. Exposure to family violence represents an issue a judge should take into account. Additionally, conduct does not have to result in an actual criminal offence to qualify for consideration.
Relocation
After a divorce has been settled, occasions can arise when a parent wants or needs to move. Legal changes now obligate a parent with any decision-making authority or parenting time to inform the other parent of the desire to move in writing 60 days prior to the intended move. Court forms must be prepared. The other party may consent or dispute the relocation. If a court must decide the issue, the best interests of the child once again direct the outcome.
Updated Forms at the Court of the Queen’s Bench of Alberta
The changes to the Divorce Act have resulted in amendments to the Alberta Rules of Court. As of March 1, 2021, Alberta courts have updated their court forms to reflect the new procedures and terminology that now apply to divorces.
How Will the Changes Influence My Divorce in Alberta?
The changes to the Divorce Act will have the most bearing on parents who get divorced. The best interests of the child must be satisfied at every turn as parenting time, contact, and decision-making responsibilities are determined. If family violence is an issue in your case, the new law makes it much easier for a judge to recognise the seriousness of such events.
Every divorce revolves around factors and priorities unique to a family. Talking to a Divorce Lawyer in Edmonton, Alberta, can clarify your legal position and help you negotiate an acceptable outcome. You may even avoid the expense and delay of a courtroom battle through an enhanced legal emphasis on ADR.
At Kolinsky Law, you can access up-to-date legal advice as you navigate immediate and long-term decisions related to your divorce. Solutions to complex and distressing family problems can be found when we advocate for your rights. The changes to divorce law are meant to produce the best results for families. Contact Kolinsky Law today for crucial guidance about your divorce.
by admin | Jun 30, 2021 | Blog, criminal
Going to court without the support of a civil litigation lawyer places you at a disadvantage. Even if the facts are on your side, you may not succeed at articulating them well. You could get distracted by unfamiliar court procedures. The intense emotional and financial stakes of your case could throw you off track when responding to questions from the judge. Civil lawyers insulate you from these pressures and help you present your position with clarity and legal precision.
What’s a Civil Dispute?
A civil dispute refers to a legal question that does not involve criminal charges. Private individuals and businesses or organizations can bring civil lawsuits against other parties over matters of civil law. This differs from criminal cases that must be initiated by government authorities.
Civil disputes encompass numerous areas of law. Examples of civil cases include breach of contract, personal injury, estate litigation, and family law matters related to divorce and child custody and support.
Who Needs a Civil Lawyer?
Answering this question ties into the question of what is a civil litigation lawyer? These lawyers possess the training and experience to research your legal arguments, prepare court filings, and present your case at trial. They are known as litigators because they represent clients in civil cases as opposed to barristers who represent criminal defendants in criminal court. Of course, a lawyer may work in both capacities. The terms are used to differentiate between civil and criminal functions.
Knowing what a civil litigation lawyer is introduces you to the many duties that the litigator can perform on your behalf. When you wonder if I need a lawyer for a civil suit, the answer could very well be yes if you anticipate going to court. A civil matter, like a divorce or child custody dispute, may rely on thoroughly communicating your rights and the benefits to the family.
Why Do I Need a Lawyer for a Civil Suit?
A lawyer can identify the laws that support your position and cite them to a court in Edmonton. These legal arguments need to be communicated in written court filings and verbal presentations in court. Without legal representation, you may not be aware of every law or precedent that you could leverage to your advantage. As a result, you could miss opportunities to advance your agenda.
What Does a Civil Lawyer Do?
Knowing what lawyers do in civil cases will help you appreciate how much work is necessary to prepare for court. Civil cases move through three main stages that are pleadings, discovery, and trial. The lawyer files the pleadings with the court that explain the plaintiff’s or defendant’s case.
During discovery, both sides must share their evidence. A civil litigation lawyer could explain what you must disclose and then organize this information for sharing. The lawyer will also scrutinize the evidence provided by the other side and develop arguments to minimize it.
At the trial, your lawyer would present your evidence. Some cases are decided by judges while others involve a jury. Either way, the presentation of the case must resonate with the decision maker. If you’re the plaintiff, you bear the burden of proving your legal point. If you’re the defendant, your lawyer would strive to promote your side and diminish the arguments made by the plaintiff. Cross examination of the witnesses for the opposing side by your lawyer could potentially reveal weaknesses in the case.
Keep in mind that what lawyers do in civil cases may also include negotiating a settlement prior to going to trial. This is actually a common occurrence. According to the Department of Justice, 98% of civil suits do not go to trial. This happens because one side drops the suit or the lawyer manages to negotiate a resolution acceptable to the client.
7 Reasons to Hire a Civil Litigation Lawyer in Edmonton
A closer look at what a civil lawyer does will help you understand the potential benefits of hiring a professional trained to assert your legal rights.
- Find out how strong your case is
Your desire for a specific outcome may outweigh the evidence in your favor. A case evaluation by a lawyer will inform you about the legal arguments that could help your cause. Consulting a lawyer lets you learn your odds of succeeding in court. This essentially controls your risk so that you avoid forging ahead with a weak case that could cost you money.
- Protect your financial interests
Although hiring a civil lawyer represents a cost, you could view it as an investment. The lawyer’s services may result in protecting your interests during the division of assets necessary for a divorce. You may avoid unnecessary losses when you can defend your rights. Additionally, a fair and accurate calculation of child support or spousal support will have a long-term influence on your financial life.
- Protect yourself from self-incrimination
Although you are not a criminal defendant, you may disclose information in error that threatens your legal position. A lawyer could speak on your behalf with deliberate and measured statements. Unfortunately, when speaking for yourself, your emotions could derail the point that you wish to make.
- Outsource difficult and complicated legal paperwork
Many intelligent people may possess the grit and determination to represent themselves. However, the work of going to court can be both time consuming and tedious. Even diligent research on your part may not protect you from making a paperwork mistake. By shifting this work to a lawyer, you could increase the accuracy and thoroughness of your legal filings. Additionally, you spare yourself from hours upon hours of labor so that you can focus on family, career, business, or leisure.
- Access legal experience
On top of procedural and paperwork experience, a civil lawyer who practices in Edmonton, Alberta, will know the judges in the area. Knowledge of judges’ views, tendencies, and dislikes accumulates over years of interacting with them in local courts. Familiarity with judges helps lawyers frame their presentations in ways that appeal to judges’ sensitivities.
- Improve negotiations
As was mentioned, civil litigation does not always culminate in a trial. The opposing parties have the option of reaching a settlement prior to trial. Coming to terms outside of court protects you from the unknown factors of how a judge or jury might decide the case. A lawyer could help you focus on what could be acceptable instead of what would be ideal. Successful negotiations save you time and money while reducing risk.
- Prepare you to meet an opposing party with a lawyer
If the party that you are planning to oppose has a lawyer, then you need a lawyer to be on equal footing in court. Civil disputes are adversarial matters, and you want to be ready to rebut the allegations and evidence that might be aimed at you by another lawyer.
How to Find a Good Civil Lawyer in Edmonton
To hire a lawyer, you should meet with lawyers in Edmonton who practice in the area of law applicable to your case. At Kolinsky Law, family law is one of our primary areas of practice. If you are in the midst of a contested divorce, the Queen’s Bench of Alberta may ultimately decide the division of property, child custody, and child support or spousal support orders.
Talk to us today so that we can outline your legal options and best strategies. Our expertise and dedication to your case could spare you from stress and unnecessary costs. Contact our office today.
