by admin | Jun 30, 2021 | Blog
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.
by admin | Apr 28, 2021 | Blog
Separating from your spouse can be confusing and scary due to the unexpected course the divorce can take. If you are planning to divorce in Edmonton, Canada there are certain steps you must take to end the relationship. If you decide to separate from one another and end the relationship, you must be separated for at least one year to obtain a divorce. Since each divorce is different it’s important to understand the proceedings.
Why File for Divorce?
There are waivers towards the one-year requirement in Edmonton in the event your spouse was abusive, committed adultery, or is physically or mentally abusive. Adultery happens when a married person has an affair with someone that is not their spouse. If filing for divorce on grounds of adultery, you must prove it took places such as providing evidence or an affidavit by the spouse who committed adultery. Cruelty is another reason why some spouses file for divorce. Cruelty occurs when the other spouse is violent, and verbally abusive including insults or threats, drunk or excessive drug use. A family law lawyer can help guide you in the process including the distribution of property and debts, spousal support, child support, and custody and visitation rights if there are children involved.
How to file for divorce in Edmonton Alberta
If you still wish to proceed with divorcing your spouse, there are certain steps to take. There is the opportunity to represent yourself or hire a lawyer for a divorce. It is strongly recommended to hire a lawyer as they are familiar with the law and can help you with the process. Ensure you have been living in the province for at least one year. This is a requirement before divorce proceedings can occur. Filing a Statement of Claim for Divorce with the Clerk of Court of Queen’s Bench and paying the filing fee of $200 will start the divorce process.
Why Do I Need to Fill Out the Statement of Claim?
When filling out the Statement of Claim, you must provide the reason for divorce. You must provide any details about you and your spouse as well as any agreements you have made regarding the division of property, custody agreements, or spousal and child support. In the event you cannot agree with your spouse regarding any division or property, this will be decided by the court. A lawyer can assist with filing a claim for property division to include custody and financial support. After all the paperwork is complete and submitted to the court, you must serve a copy to your spouse. Your spouse must know you have filed for divorce, you can hand the notice to your spouse or have them served, mailing of documents is not allowed as the spouse could potentially claim they did not receive it. Your spouse has forty days to respond to the claim, if your spouse is located outside the country or province, the time to respond will be set by the court.
Who Needs to Take a Course
As stressful as separation and divorce may be, there may be courses each person needs to take prior to the divorce being finalized. In the event children are involved, parents and guardians may be required by the judge to take impact classes to help build relationships, how separating affects parents and children, build communication skills, parenting plans and identify any legal issues. The course can be completed online through the Resolution Services Learning Centre.
But What if the Divorce is Uncontested
If your spouse doesn’t contest the filing, which means they agree with the divorce and stipulations, there will not be a court hearing. The spouse can file a demand of notice which means they do not object to the claim and agree with the Statement of Claim for Divorce. Your spouse also has the option to not do anything and just wait for the court to handle the divorce. The court will review all the paperwork, make necessary adjustments, and ensure any children involved are taken care of and receive the correct support according to Child Support calculator Guidelines. Each spouse needs to agree with the overall judgment and the judge needs to be satisfied with the stipulations prior to signing off on the order. After 30 days, if you and your spouse do not wish to appeal to the court, the divorce will be finalized on day 31.
Conclusion
Divorce can be stressful and heartbreaking however it’s important to contact a lawyer in the event you divorce Edmonton. A good family law lawyer will assist you with understanding the divorce law in Edmonton and try to assist with a smooth process. Kolinsky Law’s local divorce attorney will help you understand what to expect during the divorce process and can potentially help you file the paperwork and prepare you for divorce.
by admin | Mar 16, 2020 | Blog, Child Custody, Child Custody Lawyer
When a married couple decides to end their marriage, it inevitably impacts both parties. When a couple files for divorce, the parties that are impacted, with little or no say in the matter, are the children. This is where the courts step in to ensure that the children have a strong voice and that all matters are dealt with while keeping the best interests of the child in mind.
What Does ‘The Best Interest of the Child’ Mean?
The Family Law Act requires all decisions that involve children be made in the child’s ‘best interests’. In fact, all family laws are based on this principle. The question is, what does that mean? Simply put, decisions are to be made with the intention of having the best possible outcome for the child. The Family Law Act also, requires that judges and law enforcers ensure the safety of a child emotionally, physically and psychologically.
What Factors Do the Courts Consider?
At this point in time, the federal Divorce Act does not stipulate the exact factors for determining what is best for children. The reason for this is how unique each case actually is and the fact that listing factors does not increase the predictability of the outcomes in court. There are, however, many factors that are considered to determine the ‘best interest of the child,’ even if they are not formally outlined in the Act:
- the child’s perspectives
- the child’s own history
- the child’s cultural, religious and spiritual upbringing
- the benefit to the child by developing a strong relationship with both parents
- the ability and willingness for the parents to care for the child
- any family history of violence or abuse
- any criminal proceedings
How Do Courts Determine the Children’s Perspectives?
Anything that a parent or court will decide can have a direct impact on a child. There are different ways some courts may use the input of the child in the legal proceedings to help assess their best interests. Depending on the child’s age and maturity, there is the possibility for them to be heard in any judicial or administrative proceedings which directly affect the child. This hinges on recognizing that children are not only capable of forming meaningful opinions on decisions that could alter their lives, they ought to be listened to by the powers which seek to protect their best interests. Of course, the opportunity for them to do this varies depending on the court and the province; however, the two most common options available are:
- A child advocate or lawyer hired to represent the child
- A child psychologist who interviews the child and prepares a report about their findings
How Kolinsky Law Can Help:
Family Law is one area of specialisation for the lawyers at Kolinsky Law. We specialise in all matters related to divorce including custody, child support, child protection, spousal support and more. We believe that children need their voices heard and we work to ensure that while the divorce process is difficult, the child’s best interests are put above all.
by admin | Jan 8, 2020 | Annulment, Blog
There seems to be a lot of confusion regarding the difference between an annulment and a divorce in Alberta but the distinction is not as puzzling as it seems. If you find your marriage is over and you are looking at your options for legally ending it, depending on your circumstances, you may be eligible to annul the marriage immediately. In this article, we explore the differences between both, along with reasons for them. As always, we do suggest hiring a family/divorce lawyer to help you navigate all of the formalities of the legal system and explore the best options for you and your family.
What is a marriage annulment?
It is essentially a court order which states that your marriage either did not exist or was not valid. In an annulment, the marriage ends immediately once the court order has been issued. Consulting with an experienced family lawyer who has practiced in Alberta and is well-versed in the system here is your best option for discussing the possibility of an annulment versus a divorce. While an annulment may not always be granted, below are some of the circumstances that may qualify:
- Second marriages: If your spouse was already married to another person when they entered into marriage with you, your marriage is not considered valid.
- Duress: If you were forced to marry your spouse under threat of physical violence or under duress, you may qualify for an annulment as marriage must be entered into by consenting individuals.
- Intoxication: If you were under the influence of alcohol or drugs at the time of your marriage ceremony, you may qualify for an annulment.
- False Identity: If you thought you were marrying someone and they turned out to be a different person, the legal contract of marriage in which you entered with them is considered voidable.
- Consummation: If your spouse is unable to consummate the marriage and you were unaware of this prior to the ceremony, you may qualify for an annulment.
- Parental consent: If you were under the legal age of 18 when you got married and you did so without parental consent, an annulment order could be possible to obtain.
- Kinship: If you and your spouse are too closely related, you may qualify for an annulment to void the marriage immediately.
- Prerequisites: If your marriage ceremony did not include the essential requirements for Alberta, by law, such as having two witnesses, it is possible you could qualify for an annulment.
What is a religious annulment?
It is important to note that annulments granted by a religious institution are not the same as legal annulments. It is only valid within the religion itself – a legal marriage is otherwise considered to remain intact unless you access the appropriate legal channels to obtain a legal annulment from a judge or you get divorced. This is important, as well, in the case of spouses who religiously annul and then wish to remarry other people. Without a legal annulment or divorce of the first marriage, the second legal marriage will not be considered valid and is voidable.
What are my responsibilities after an annulment?
It does not mean that spouses are absolved of either their status as parents or that they cannot bring forth claims against one another as it pertains to property and support. Such claims can be brought forward about the following:
- The division of property and assets
- Spousal support
- Child support or custody
It is also possible that, at the time of annulment, the court can issue orders pertaining to finances, property distribution and/or custody. Your best option, as mentioned above, is to enlist the services of a quality family lawyer to help make decisions about how to best end your marriage and assist you throughout that process.
Getting a lawyer for your family law needs
If you still don’t know whether pursuing a divorce or a marriage annulment is best for you, a family lawyer from Kolinsky Law can help you determine the best option for your circumstances. They will help you weigh the pros and cons of each option, always directing you to the very best choice for your particular circumstances. The family lawyers at Kolinsky Law know the Alberta system well and have years of experience in serving Albertan families. Call today to set up a consultation.
