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Steps to get ready for your consultation with a family lawyer

by admin | Nov 25, 2019 | Best Lawyers in Edmonton, Blog, Family Attorney, Family Law Lawyer, Family Lawyer

Meeting with a family lawyer for the first time can be stressful. Many are unsure of what to expect and feel some anxiety because of that. At Kolinsky Law in Edmonton, we strive to make your experience as comfortable and stress-free as possible. Of course, the nature of why clients come into a lawyer’s office is generally and often stressful, but we aim to reduce your stress as much as we can by communicating clearly and creating step-by-step processes to approach your legal matters. As such, we have compiled some recommendations on what you can do to best prepare for your consultation with a Family Law Lawyer.

1. Be Open and Honest

For many people, it is difficult to open up in the first meeting. You have just met the lawyer, and do not know what to expect. It is very important, however, that you give an honest account of your situation and any issues that are sensitive to you or your family. Remember that the consultation is private, and cannot be discussed with others without your permission, except in the case of child endangerment.

2. Bring All Documents

Start by making copies of all the documents you have collected so that your family lawyer will have them for your file. Depending on your case, the documents you might need include:

Marriage certificate
Any current or past orders made that are related to the case
Application to Obtain an Order or to Change an Order
Prepared Financial Statements

3. At the beginning of your consultation, your lawyer will collect basic information about you and your situation. Your lawyer may want to know:

Your name, any previous names, address, occupation, annual income, and date of birth,
Your spouse’s full name, address, occupation, annual income, and date of birth
Your marital status prior to this relationship (single, widowed, divorced)
Your partner’s marital status prior to this relationship
Alberta residency information and other citizenships of both partners
Information about the relationship, including the date the two of you started to live together, the date of your marriage and the name of the city or town where you got married
The date of separation
The full names and birthdates of any children
The care arrangements and any parenting plans that are presently in place for the children
Any prenuptial agreements
Any potential and believed risks, including family violence, abduction, and financial risks like bankruptcy
Why the relationship ended

4. Your lawyer will want to know your financial information and may ask for:

The approximate balance of all financial accounts, including savings, RRSP, investment accounts, and the names of the financial institutions holding the accounts,
All assets
The amounts of any debts, including credit cards, loans, lines of credits and where they are held
Information about any stock or bond portfolios,
Pension plan information
Real estate owned in Alberta and elsewhere, including address, value, and how ownership is divided.

5. Get Organized, Take Notes and Ask Questions

Throughout the consultation, you may want to write down notes and any questions you may have along the way. Your lawyer may have a lot of information for you and will want to collect many details from you, so this can be the best way to ensure your questions get asked either during the flow of the conversation or after. Sometimes it is most cost-efficient to ask several questions at once. In order for your lawyer to serve you better, you must fully understand your case and the entire legal process.

6. Discuss Costs

Your lawyer will discuss fees during this meeting, and you should be prepared to as well. If you want to discuss payment plans, retainer information, and written fee agreements, the consultation is the time to do so.

7. Read all Documents Carefully Before Signing

Before you sign a document, ask your lawyer to fully explain it to you and then read it thoroughly. Be prepared to spend some time going through documents in-office.

8. Keep your own files

Ask for copies of all documents prepared for your case and build your own file to keep at home.

9. Listen to your lawyer

Finally, always remember that, at Kolinsky Law, your lawyer is looking out for your best interests and the best interests of any children involved. The lawyer’s judgments and decisions are based on legal knowledge and training, as well as extensive experience so it is important to listen to your lawyer and think about what your lawyer asks you to do. We are here for you and what is important to you.

Three Grounds for Divorce in Alberta

by admin | Nov 25, 2019 | Blog

Reasons for divorce in Alberta are as varied and complicated as each relationship. Every divorcing couple brings individual reasons for the divorce to the negotiation table or the courtroom, but each must claim one of the three legal grounds for divorce under Canadian law. The three grounds for divorce in Alberta are cruelty, adultery, and separation.

1. Cruelty

Is defined as occurring when one spouse inflicts mental or physical cruelty upon the other to the point that they can no longer live together. Cruelty can include violence, drunkenness, constant verbal abuse, or excessive drug use. Cruelty only has to occur once to be grounds for divorce, but this ground does require evidence. Incompatible temperaments or occasional episodes of unkindness do not amount to cruelty, but constant name-calling or other forms of verbal abuse may be considered cruelty.

Although it is possible to be divorced without being separated for one year due to cruelty, unless the other spouse admits to cruelty, you will have to have a trial on the issue and it will take more than one year to deal with the issue. Also, if you condone the cruelty, such as by continuing to live with your spouse, the court may refuse to grant you a divorce on this ground. For most people, it is not practical to rely on this ground for divorce.

2. Adultery

Adultery is when one spouse has sex with another person while the marriage exists. The applicant cannot have condoned the affair, for example in the context of an open marriage, and must provide evidence to support the claim than adultery occurred. In Alberta, there is a standard form affidavit that the cheating partner can sign to admit to adultery. The spouse who had the affair cannot file for divorce on grounds of adultery, and couples cannot jointly apply for a divorce on grounds of adultery.

3. Separation

Separation is the most commonly used grounds for divorce. To become divorced on grounds of separation, the spouses must live separately and apart for at least one year. The reason for the separation does not matter. It is easier to prove separation if each person lives in a separate home, but it is possible to be considered separate and apart while living under the same roof, as long as each person is living independently. For example, cooking and eating separately, sleeping in separate rooms, and not attending social events together.

You should know that you can bring an action for divorce as soon as you are separated. However, your divorce cannot be finalized until the one year period of separation has been completed. Also note that absent special circumstances, all issues relating to the custody and support of children must be dealt with, either by agreement or trial, before the court will grant you a divorce, even though you have been separated for over one year.

Can I get a no-fault divorce in Canada?

Canada has a no-fault divorce. That means that the partner responsible for the breakdown in the marriage is not taken into consideration when determining property division or rights and responsibilities related to childcare and support. The Canadian legal system is not interested in placing blame in cases of divorce, so it is more important to protect your own legal rights than to prove your ex-spouse’s responsibility for the end of the marriage.

The only place where fault plays a role in Alberta divorce law is if you are seeking a divorce on grounds of cruelty or adultery. Unlike separation, cruelty and adultery grounds do not require a year-long period of separation. However, they do require proof that cruelty or adultery took place.

Once the divorce is granted on any grounds, however, the fault for the divorce will not factor into the court’s decision regarding custody or property division. For example, a cheating spouse may be at fault if they are divorced on grounds of adultery, but they will not necessarily lose custody of their children because of that.

Do I have to be a citizen to get divorced in Canada?

In most cases, you have to be a resident of Canada to get divorced here, but you do not have to be a Canadian citizen. You can get divorced in Alberta if you were married in another province, but one or both spouses must live in Alberta for at least a year to get a divorce here.

There is an exception to the Canadian residency requirement if the couple were married in Canada and cannot undo the marriage in the country they live in because that country does not recognize their marriage.

Divorce is just part of the process of ending a marriage

In strict legal terms “divorce” is just the legal ending of a marriage and doesn’t deal with issues of property division, custody, and child or spousal support. Even in the most amicable divorces, coming to a separation agreement is a challenging and complicated process — both legally and emotionally. Whether a divorce is amicable or contentious, whether you have many shared assets and children, or not, it is important to consult with an experienced family lawyer before filing for divorce in Alberta.

If you are considering divorce, consult with a Kolinsky Law experienced family lawyer in Edmonton. We will help you understand your options and the benefits and challenges of pursuing the right grounds for your case, and ensure you get the separation agreement you deserve.

The right custody decision for your child

by admin | Mar 27, 2019 | Blog

Child custody is one of the most contentious parts of a divorce agreement. Divorcing parents must make a shift in mindset when they move from dividing assets to negotiating child custody. Emotions must be set aside in order to make a decision based on the child’s best interests.

Types of custody:

Divorce does not have to mean sole custody for one parent and full loss for another, or even a rigid 50/50 split. Custody agreements come in many forms that balance the abilities and resources of each parent to build outcome that’s in the best interests of the child.

There are two types of custody: physical and legal. A parent with physical custody takes care of the child’s day to day needs and the child usually lives with them. A parent with legal custody has authority in making major decisions about the child’s life such as education, healthcare and religious upbringing. Different types of custody agreements involve sharing both physical and legal custody in different ways.

● Joint custody: The child lives primarily with one parent and parents share legal custody. There is usually a rotating schedule for physical custody. Alberta courts usually award joint custody while seeking to maximize the role of each parent in the child’s life.

● Shared custody: The child lives roughly equally with each parent (at least 40% of the time with each) and legal custody may or may not be shared in different ways.

● Split custody: Siblings are split between parents. Parents may or may not share legal custody of all children, and may or may not rotate physical custody.

● Sole custody: One parent has full legal and physical custody.

How the courts decide custody:

In a custody case, the courts examine three factors:

● Any pre-existing arrangement between the parents
● Whether one parent works full time or not
● Which parent is the primary caregiver

The courts will also consider factors such as:

● parent-child relationships
● parenting abilities
● each parent’s mental, physical and emotional health
● parent and child schedules
● support systems in communities each of the parents live in
● sibling relationships and issues
● the child’s wishes, if they are over 12

When considering all factors involved, the courts will make a decision based on the best interests of the child. Courts typically grant primary custody to the primary caregiver before the divorce, which is often the mother. They also consider how much time a parent can give to a child, therefore how much each parent works will be balanced against their ability to support the child financially and emotionally.

Shared custody is often preferred if one parent is away for extended periods of time, if one parent is less financially stable, or if one parent is ill, injured or otherwise less able to care for a child.

How to get full custody of my child:

Going from being a full-time parent to a shared custody arrangement can be difficult. You may want to win sole custody, but it is important to prioritize your child’s best interests. Consider your time, resources and relationship to your child from the objective perspective of the court. How demanding is your work schedule? Do you travel frequently? Does the child need both parents actively involved in their life, or will they be more secure in a sole custody arrangement? Are you able and willing to make the changes necessary to become a full-time single parent?

Courts rarely cut off contact between a child and a parent, unless it is in the best interests of the child. Fathers tend to have more difficulty winning full or primary custody than mothers. This is not because the courts discriminate against fathers, but because they favour the primary caregiver who is usually the mother. A mother can lose custody of her child if there are extenuating circumstances that reflect on her abilities to parent, such as allegations of abuse, neglect or substance abuse. Adultery and other marital offenses are not sufficient to cause to deny custody.

A father can win a child custody case when the mother is the primary caregiver by demonstrating commitment, ability and willingness to make the life changes needed to become a full or part-time single parent. Invest time in building a strong relationship with your child, make your home ready for a child to live in, and attend and show interest in school and extra-curricular events. Always be respectful of your co-parent and pay any ordered child support. Keep records of your visitations and develop a plan for how you will support and care for your child so you can demonstrate you are prepared for sole or primary custody.

How does child support work with 50/50 custody?

If you win shared custody or another variety of joint custody, you may still have to pay child support to your co-parent. However, because each parent is assumed to be paying for the child’s ordinary expenses, the Child Support Guidelines say that this may be less than the table amount. First, the table amount for each parent is determined based on gross annual income, and the smaller amount is subtracted from the larger amount. The remaining amount is called the “set off.” The parent with the larger table amount pays the set off to the parent with the lesser amount. Other factors such as whether one parent lives with a partner who shares expenses or has other dependents may also be considered.

If you want to know how to get custody of a child in Edmonton, the advice of an experienced family lawyer is invaluable. We will help you assess your situation and understand all options to secure the best custody agreement for your family.

5 Things to do before filing for divorce

by admin | Mar 12, 2019 | Blog, Divorce, Divorce and Separation, Divorce Attorney, Divorce Lawyer, Divorce Mediation

Making the decision whether to file for divorce is difficult and often comes after a long period of compromise, personal reflection and struggling to “make it work.” However, if you feel ending your marriage or common-law relationship is your only option, it is important not to rush into divorce proceedings as even the most amicable divorce can have serious personal and financial consequences. Realizing your marriage may end can be extremely emotional, but there are five practical things you should consider before filing for divorce.

1. Talk to a Counsellor

Before ending a marriage, it is always worth talking to a couples counsellor or an individual therapist. If counselling cannot resolve the issues in your relationship, it may be a sign divorce is the right option. However, therapy should not stop with the decision to end the marriage. A qualified counsellor can also help as you go through the steps of ending your marriage. Divorce counselling can help you identify what went wrong, develop coping strategies and ultimately move forward post-divorce.

2. Talk to a Lawyer

If divorce seems inevitable, talk to a lawyer. It is essential to understand your legal options and how your actions in the lead up to separation may affect the outcome of the divorce. You will need to identify your grounds for divorce, ensure you fulfill all requirements, understand the separation and waiting period, and be aware of the implications of a contested divorce if your spouse does not agree to an uncontested divorce. And that is all before getting into the more complex matters of splitting assets and determining child custody.

A great divorce attorney will do more than tell you to get a divorce. They will work hard for your interests through the entire process from filing for divorce to arriving at a separation agreement.

3. Set a Goal for the Divorce

How do you want your life after marriage to look? Determine what you want from your divorce, whether it is a clean break, an amicable co-parenting relationship or to hang on to property and assets you are entitled to. Identify with your lawyer what your priorities are and develop a strategy to achieve your goals.

If you still are on speaking terms with your spouse, trying to find a compromise that meets each party’s most important priorities may be worthwhile.

4. Safeguard Your Assets

Take steps to safeguard your assets as soon as possible. You may want to do this before asking your spouse for a divorce. It is an unfortunate reality that in the emotionally charged period at the start of a breakup some people lash out by depleting joint bank accounts, lines of credit and credit cards. Make sure you have your own individual accounts to manage your finances and where possible freeze or close any shared accounts.

Do not move out until you have spoken to a lawyer and begun divorce proceedings. Leaving your home without good reason may result in loss of possession of the home or custody of your children. You may also not be able to return to the home until the court divides your property. If, however, your spouse is violent you should take all steps necessary to protect yourself and your children, including leaving the home.

5. Take Care of Your Children

If you have children, they should be your first concern in a divorce. Try to maintain their sense of security and continuity by working with your spouse to establish pick-up and drop-off schedules, and shared responsibility for activities and appointments as soon as possible. Prioritize making time for your children. Avoid letting the end of your marriage affect how you interact with your spouse as a co-parent and don’t try to come between them and your children.

Divorce can be a long and emotionally draining process. By taking these five practical steps to prepare yourself, you can ensure a smoother divorce process and a better outcome for yourself and your family.

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