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How Collaborative Divorce Works in Alberta: A Less Stressful Alternative to Court

How Collaborative Divorce Works in Alberta: A Less Stressful Alternative to Court

We have seen how collaborative divorce provides a more respectable way for Albertan couples to separate. This creative method substitutes a collaborative procedure that prioritises families for courtroom conflicts. Here are some tips to help you make a collaborative divorce work for you.

Understanding Collaborative Divorce

A group of experts committed to assisting you in a mutually agreeable solution are brought together in a collaborative divorce. Based on our experience, this process usually involves financial consultants, attorneys with specialised training, and mental health specialists when necessary. 

Every team member strives towards the same objective: assisting you and your spouse in coming up with ideas that benefit both parties.

The Core Process

When you decide on a collaborative divorce with our team, both partners pledge to settle their differences out of court. The entire procedure is built upon this dedication. 

We lead you through organised sessions where you discuss everything from parental plans to asset separation. These conversations, in contrast to typical litigation, are more concerned with identifying points of agreement than with winning arguments.

Protecting Your Privacy and Control

The privacy that collaborative divorce provides is one important benefit that we have seen. Your personal affairs remain private, unlike courthouse processes, which are made public. 

Instead of leaving decisions to a judge who might not fully comprehend your particular scenario, you keep control over the future of your family. Financial information, interpersonal interactions, and parenting issues are all covered by this privacy.

Financial Benefits and Efficiency

In our experience, collaborative divorce frequently ends up being less expensive than traditional litigation. In general, couples save money on legal bills by pooling their knowledge and working quickly to find solutions. 

Working together in planned meetings helps you avoid the endless delays and rising costs of court battles. While costs vary for each family situation, most of our clients spend much less money solving things this way compared to taking their disputes to court.

Supporting Emotional Well-being

We highlight the psychological advantages of a cooperative divorce. This method helps maintain connections rather than creating conflict, which is especially important when kids are involved. 

Our mental health specialists can guide you through emotional difficulties while keeping your attention on workable answers. Families going through a divorce frequently find that this support is really helpful.

Tailored Solutions for Unique Needs

Custom agreements that are suited to the particular conditions of your family are possible with collaborative divorce. One of its greatest strengths is its flexibility. The process allows you to create innovative solutions that represent your objectives and values, from financial agreements to parenting plans, making sure that everyone feels their needs are met.

Making It Work

For a collaborative divorce to work effectively, both individuals must be fully dedicated. We help you assess whether this approach aligns with your specific situation. Key elements include a willingness to communicate openly, mutual respect, and a shared goal of avoiding litigation. 

While not every case is suited for the collaborative method, those that are often lead to more satisfying and enduring outcomes.

Conclusion

A Good Divorce Lawyer in Edmonton would know that divorcing doesn’t have to include a gruelling legal struggle. As demonstrated by our experience with collaborative divorce in Alberta, couples who opt for this route frequently come out of the process with their future stable and their dignity unharmed. 

You can save time, money, and emotional energy while maintaining control over decisions that impact your life. Kolinsky Law can help you navigate the collaborative process if you’re going through a divorce and would like to consider a less combative approach. 

To find out how we can assist you in obtaining a respectable resolution that safeguards the things that are most important to you and your family, get in touch with us — the Best Divorce Lawyers in Edmonton.

What does it mean by automatic divorce after long separation in Alberta?

What does it mean by automatic divorce after long separation in Alberta?

In Alberta, Canada, “Automatic Divorce” refers to a legal process where a married couple is granted a divorce without the need for a court hearing or formal divorce application.  This typically occurs when a couple has been legally separated for a specific period, usually one year, and both parties have lived separate and apart during that time.  The divorce is automatically granted by the court once the required separation period has elapsed, provided there are no outstanding disputes or legal issues between the spouses.  It’s a streamlined process designed to simplify divorce proceedings for couples who have already been separated for an extended period.

Automatic divorce, also known as a “divorce by default” or “divorce by passage of time,” is a legal process in which a married couple is granted a divorce without the need for a court hearing or formal divorce application.  In the context of Alberta, Canada, where this process is applicable, here are its key legal implications;

What are the conditions required for automatic divorce in Alberta?

 

1. How Much Will be the Separation Period?

To qualify for an automatic divorce in Alberta, spouses must have been living separately and apart for a specific period, typically one year. This period of separation is a legal requirement.

2. Will there be a Court Hearing?

Unlike a contested divorce, which involves court proceedings and legal negotiations, an automatic divorce doesn’t require a court hearing.  It is a more straightforward and simplified process.

3. Finalization:

Once the required separation period has elapsed, and both spouses have met the legal criteria for separation, the divorce is automatically granted by the court.  This means that the marriage is legally dissolved, and both parties are free to remarry if they wish.

4. What about the Spousal Support and Property Division?

While the divorce itself is automatic, issues related to spousal support, child custody, child support, and the division of property may still need to be resolved separately.  These matters can be addressed through negotiations, mediation, or court proceedings if the spouses cannot reach an agreement on their own.

5. Is there for Notification?

It’s essential for both spouses to be aware of the impending automatic divorce and ensure that they have dealt with any outstanding issues related to the marriage before the divorce is granted.

6. Significance of Legal Advice:

Even in cases of automatic divorce, it’s advisable for both spouses to seek legal counsel or advice to understand their rights and responsibilities and to ensure that the process is carried out correctly.

divorce steps in Alberta

What are the steps to obtain an automatic divorce in Alberta?

 

  1. Obtaining an automatic divorce in Alberta, Canada, involves a relatively straightforward process.  Here’s a step-by-step guide to initiating the automatic divorce process:
  • Eligibility Assessment: Before proceeding, ensure that you meet the eligibility criteria for an automatic divorce in Alberta.  This includes having lived separately and apart from your spouse for at least one continuous year.
  • Legal Advice: It’s advisable to consult with a family lawyer to understand your rights and obligations, especially if you have complex issues related to child custody, support, or property division.
  • Gather Documentation: Collect all relevant documentation, such as marriage certificates and any legal agreements, especially if you and your spouse have resolved matters related to support or property.  You may also need to provide evidence of the one-year separation, such as lease agreements, utility bills, or affidavits from witnesses who can confirm the separation.
  • Complete Divorce Forms: Alberta Courts provide divorce forms that need to be filled out accurately.  The main form is the Statement of Claim for Divorce. You can obtain these forms online or at a courthouse.
  • File the Divorce Papers: Take the completed divorce forms to the courthouse in the jurisdiction where you or your spouse currently reside.  You’ll need to pay a filing fee, which varies by location.  The court will stamp the documents with a filing date.
  • Serve Your Spouse: After filing, you must serve your spouse with a copy of the filed divorce documents.  This can be done through a process server, registered mail, or by your spouse voluntarily accepting the documents.  Proper service is critical, and you must complete an Affidavit of Service to confirm this.
  • Waiting Period: From the date of service, there is typically a waiting period of one month.  During this time, your spouse can file a Statement of Defence if they disagree with the divorce.  If they do not respond within this period, the divorce will proceed by default.
  • Request for Divorce Judgment: If your spouse does not respond, you can submit a Request for Divorce Judgment to the court.  This is typically done after the one-month waiting period has passed.
  • Divorce Judgment: Once the court reviews your Request for Divorce Judgment and is satisfied with the paperwork and the one-year separation period, they will grant the divorce.  You will receive a Certificate of Divorce, which confirms the dissolution of your marriage.

2.  Address Other Issues: If you have unresolved matters related to support, custody, or property, these should be addressed separately through negotiation, mediation, or court proceedings.

The legal consequences of an automatic divorce in Alberta primarily involve the dissolution of the marriage itself.  However, it’s crucial to understand that automatic divorce does not automatically address all related legal matters.  Here are the key legal consequences and considerations regarding property division, child custody, and spousal support:

1. Dissolution of Marriage:

The most immediate consequence of an automatic divorce is that the marriage is legally dissolved.  Both parties are free to remarry if they wish.

2. Property Division: Automatic divorce does not automatically resolve property division issues.  If there are disputes or unresolved matters related to the division of assets and debts acquired during the marriage, these issues should be addressed separately.

Spouses can negotiate property division agreements outside of court or seek mediation to reach a fair resolution.  If an agreement cannot be reached, the court may need to intervene to make a property division determination.

3. Child Custody: Matters related to child custody and access are not automatically addressed by an automatic divorce.

Parents should establish a parenting plan outlining custody arrangements and visitation schedules.  This plan should prioritize the best interests of the child or children involved.  If parents cannot agree on custody arrangements, they may need to seek mediation or go to court for a custody determination.

4. Child Support:

The obligation to provide financial support for children remains even after an automatic divorce.  Child support arrangements should be made to ensure that the children’s needs are met.

Child support calculations are typically based on provincial guidelines and take into account factors such as the income of both parents and the number of children.

5. Spousal Support:

Spousal support, also known as alimony or maintenance, is not automatically addressed by an automatic divorce.

If one spouse is entitled to spousal support or if there are disputes regarding the amount and duration of support, this issue should be negotiated, mediated, or determined by the court.

6. Enforcement of Agreements: 

Any agreements reached regarding property division, child custody, or spousal support should be documented in writing and, if applicable, filed with the court.  This helps ensure that the agreements are legally enforceable.  While automatic divorce simplifies the process of dissolving the marriage itself, it does not automatically resolve issues related to property division, child custody, or spousal support.  These matters must be addressed separately through negotiation, mediation, or court proceedings, with a focus on the best interests of any children involved and the fair treatment of both spouses. At Kolinsky Law, we are here to provide the support and legal representation you need during this trying time to navigate these complex issues effectively.

Understanding the Difference Between Contested and Uncontested Divorce in Edmonton, Alberta

Understanding the Difference Between Contested and Uncontested Divorce in Edmonton, Alberta

Divorce can be a challenging and emotionally charged process, and the way it unfolds often depends on the level of agreement between the parties involved. In Alberta, as in many other jurisdictions, divorces can be categorized into two primary types: contested and uncontested. Each approach has its own set of characteristics and implications, and understanding the differences can help individuals navigate the divorce process more effectively.

What Is Contested Divorce?

contested divorce occurs when the spouses are unable to reach a mutual agreement on critical issues such as the division of property, child custody, spousal support, or any other significant aspect of the divorce settlement. In such cases, the court becomes the decision-maker, and the process tends to be more complex, time-consuming, and costly.

Key Characteristics of Contested Divorce

1. Disagreements on Major Issues: In a contested divorce, spouses have substantial disagreements about fundamental matters, often requiring legal intervention to resolve.

2. Court Involvement: Contested divorces usually involve court hearings, where a judge will make decisions on issues where the spouses cannot reach an agreement.

3. Higher Legal Costs: Legal fees can escalate in contested divorces due to the extended court proceedings and the involvement of lawyers to represent each party.

4. Lengthy Process: Contested divorces generally take longer to conclude, potentially stretching the process over several months or even years.

5. Emotional Toll: The adversarial nature of contested divorces can take a significant emotional toll on both spouses and any children involved.

Real-Life Example:

Imagine a couple in Alberta who cannot agree on the division of their substantial assets and the custody arrangements for their children. This leads to a contested divorce where they each hire lawyers to present their cases in court, resulting in a protracted legal battle.

What Is Uncontested Divorce?

Conversely, an uncontested divorce occurs when both spouses can agree on all critical issues related to their separation. This type of divorce is generally faster, less expensive, and less emotionally draining than a contested divorce.

Key Characteristics of Uncontested Divorce

1. Mutual Agreement: In uncontested divorces, the spouses have reached a mutual agreement on all essential issues, including property division, child custody, and support.

2. No Court Hearings: Since there are no disputes to resolve in court, uncontested divorces do not involve hearings before a judge.

3. Lower Legal Costs: Legal expenses in uncontested divorces are typically lower, as lawyers are mainly involved in drafting the necessary legal documents.

4. Quicker Resolution: Uncontested divorces are generally resolved more quickly, often within a few months.

5. Less Emotional Strain: With fewer conflicts, uncontested divorces tend to be less emotionally challenging for all parties involved.

Real-Life Example:

Consider a couple in Alberta who have decided to separate amicably. They have no children, and they have agreed on the fair division of their shared assets. In this case, they can pursue an uncontested divorce, which allows them to part ways swiftly and without the need for contentious legal battles.

Contested vs. Uncontested Divorce: A Comparison

To provide a clear overview of the differences between contested and uncontested divorces, let’s break down the key distinctions in a table:

Aspect Contested Divorce Uncontested Divorce
Major Disagreements Present Absent
Court Involvement Extensive Minimal
Legal Costs Bit High Lower
Duration Lengthy Quick
Emotional Impact Significant Minimal

It is crucial to note that the decision to pursue a contested or uncontested divorce largely depends on the specific circumstances of each case. While uncontested divorces are generally less complicated and less expensive, they may not be suitable when there are significant disputes between the spouses.

Factors to Consider in Alberta Divorces

When contemplating divorce in Alberta, it’s essential to consider several factors, regardless of whether you are leaning towards a contested or uncontested divorce:

1. Residency: To file for divorce in Alberta, at least one of the spouses must be a resident of the province for a minimum of one year before starting the divorce proceedings.

2. Grounds for Divorce: Alberta operates under a “no-fault” divorce system, meaning you do not need to prove fault or wrongdoing by your spouse to obtain a divorce. The only ground for divorce is the irretrievable breakdown of the marriage.

Child Custody and Support:

1. Custody Arrangements: In cases involving children, it is crucial to establish custody and access arrangements that are in the best interests of the child.

2. Child Support: Determine child support obligations, which are calculated based on the Federal Child Support Guidelines.

Property Division:

1. Matrimonial Property: Alberta law divides matrimonial property equitably, but not necessarily equally. Assets acquired during the marriage are subject to division.

2. Spousal Support: Spousal support may be awarded based on factors such as the length of the marriage, the financial circumstances of each spouse, and their ability to become self-sufficient.

Conclusion

In Alberta, whether you choose a contested or uncontested divorce largely depends on the level of agreement between you and your spouse. While uncontested divorces offer a more straightforward and cost-effective path, contested divorces become necessary when significant disputes are at play.

It’s essential to consult with a Kolinsky Law firm in Edmonton that specializes in family law to assess your specific situation and guide you through the divorce process. Ultimately, the goal should be to minimize the emotional strain, financial burden, and legal complexities that often accompany divorce, regardless of whether it is contested or uncontested.

As you navigate the intricate landscape of divorce, remember that seeking amicable solutions and open communication can contribute to a smoother and less painful separation process, potentially allowing both parties to move forward with their lives more positively.

Everything you need to know about changes to the Alberta divorce act in 2021

Everything you need to know about changes to the Alberta divorce act in 2021

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 modernized 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 its 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 recognize 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.

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