by admin | Aug 15, 2024 | Blog, Divorce and Separation, Divorce Lawyer, Divorce Mediation, Family Divorce Lawyer
More and more older couples in Alberta are getting divorced. This is called “Gray Divorce” because it happens to people with gray hair – usually those over 50. While young people are divorcing less, older folks are splitting up more often. This is changing how families and communities in Alberta work.
Gray divorce isn’t just about couples who’ve been married for a long time suddenly breaking up. It includes all sorts of situations. Some people have grown apart over many years. Others are in their second or third marriage and face new problems.
As Alberta’s population gets older and society changes, it’s important to understand why this is happening. At Kolinsky Law, we strive to know how to help older people who are divorcing.
Why More Older Couples in Alberta Are Divorcing
Financial Independence
- More women have careers and their own money
- Less financial need to stay in unhappy marriages
- Retirement savings allow for more freedom
Changing Social Views
- Less stigma around divorce
- More acceptance of starting over later in life
- Less willingness to stay in unhappy marriages
- Adult children often supportive of parents’ happiness
Empty Nest Syndrome
- Children leaving home can reveal relationship issues
- Couples may realize they’ve grown apart
- Loss of shared purpose in child-rearing
Midlife Reassessment
- People questioning life choices as they age
- Desire for personal growth and new experiences
- Feeling that time is running out to make changes
Improved Dating Prospects
- Online dating makes it easier to meet new people
- More social opportunities for older adults
- Less fear of being alone after divorce
Generational Attitudes
- Baby boomers more open to change than previous generations
- Higher expectations for personal fulfillment in marriage
- More likely to have experienced divorce before
Health and Caregiving Stress
- Illness or disability can strain relationships
- Unequal caregiving responsibilities may lead to resentment
- Different approaches to aging and health management
What Makes Divorcing Later in Life Different
Divorcing later in life comes with unique challenges. Finances are often more complex, with retirement savings, pensions, and shared assets accumulated over decades. Dividing these can significantly impact both parties’ retirement plans. Health concerns play a bigger role, as older adults may worry about future care needs and insurance coverage.
The emotional toll can be heavier too. Long-term marriages leave deeper roots, affecting extended family dynamics and lifelong friendships.
Starting over socially and romantically can be daunting for those who haven’t dated in decades. However, many find a new sense of freedom and self-discovery.
Unlike younger couples, gray divorcees have less time to financially recover, making smart legal and financial planning crucial. Despite these challenges, many find the decision leads to personal growth and renewed happiness in their golden years. Kolinsky Law has the Best Divorce Lawyers in Edmonton to help you through the whole process.
How Gray Divorce Affects Families and Communities
Gray divorce ripples through families and communities. Adult children may struggle with shifting family dynamics and divided loyalties. Grandchildren face changes in their relationships with grandparents. Family gatherings and holidays often require careful planning to avoid conflicts.
Communities see changes too. Senior social circles may split, affecting local clubs and organizations. There’s often increased demand for smaller housing units as divorced seniors downsize. Support services, like counseling and financial advice, may see more older clients.
On the positive side, gray divorce can lead to new social connections and community involvement as newly single seniors seek out activities and friendships. It can also inspire more open conversations about relationships and personal fulfillment at any age.
How Kolinsky Law Edmonton Can Help
Kolinsky Law Edmonton helps older couples who are divorcing. We know how to:
- Split up money and property from long marriages
- Deal with retirement accounts and pensions
- Address health care issues for older adults
- Handle alimony for long-term marriages
- Update wills and estate plans
- Protect grandparents’ rights
Kolinsky has the Best Divorce Attorney in Edmonton who talk to families to reduce arguments and keep relationships good. They also help clients plan their money for life after divorce.
Kolinsky Law treats clients with respect. We work to make the divorce process easier and less stressful. Our goal is to help clients start their new life on solid ground, with their money and peace of mind secure.
by admin | Jul 26, 2024 | Divorce and Separation, Divorce Lawyer, Divorce Mediation, Family Divorce Lawyer, Family Law Lawyer, Family Lawyer, Spousal Support Lawyer
Spousal Support is a critical decision — the courts in Edmonton consider various factors while making any decision in such cases.
Kolinsky Law is a well-versed team of lawyers who understand the complexities of Spousal Support in Edmonton. As some of the Best Divorce Lawyers in Edmonton, we’re here to guide you through the factors influencing alimony decisions in Alberta.
Understanding Spousal Support
Spousal support is also known as alimony. It is defined as financial assistance that one spouse provides to another after separation or divorce. There are many key factors that affect the amount and nature if these payments In Edmonton and across Alberta.
The key idea behind spousal support is to address economic disadvantages arising from the relationship’s breakdown or to help a spouse become financially self-sufficient.
Factors Affecting Alimony Decisions
Length of the Relationship
The duration of the marriage or common-law relationship significantly impacts spousal support decisions. Generally, longer relationships may result in longer support periods or higher amounts. Courts recognize that extended partnerships often lead to deeper financial interdependence and may require more substantial support to readjust post-separation.
Financial Situation of Both Parties
Courts carefully examine each spouse’s income, assets, and debts. This comprehensive financial assessment helps determine:
- The need for support
- The ability to pay
- The appropriate amount and duration of support
The goal is to strike a fair balance for both parties while addressing any economic imbalances resulting from the relationship.
Roles During the Relationship
If one spouse gave up career opportunities to support the family or the other spouse’s career, this sacrifice may influence support decisions. Courts recognize the economic impact of these choices and may factor them into their rulings. This consideration aims to compensate for lost earning potential and career advancement opportunities.
Age and Health of Both Spouses
The age and health of each spouse can significantly affect their ability to earn income and become self-sufficient. These factors may impact the duration and amount of support. Older or less healthy individuals might require more substantial or longer-term support to maintain their quality of life.
Child Care Responsibilities
When children are involved, the primary caregiver may receive additional support. This is to:
- Maintain the children’s standard of living
- Compensate for reduced earning capacity due to childcare duties
- Ensure the caregiver can provide a stable environment for the children
Standard of Living During the Relationship
Courts aim to help both parties maintain a standard of living reasonably close to what they enjoyed during the relationship, within practical limits. This factor recognizes that both spouses contributed to the shared lifestyle and seeks to minimize drastic changes in living standards post-separation.
Ability to Pay
The paying spouse’s financial capacity is a crucial factor. Courts strive to balance fairness with the reality of available resources. They consider:
- The payer’s income
- Future earning potential
- Other financial obligations
The goal is to establish a support arrangement that’s both fair and sustainable in the long term.
Agreements Between Spouses
Preexisting agreements, such as prenuptial or separation agreements, may influence support decisions if deemed fair and legally valid. However, courts can override these agreements if they are unfair or circumstances have significantly changed since they were made.
The Role of Legal Representation
At Kolinsky Law, we leverage our expertise as some of the Best Divorce Attorney in Edmonton to navigate these factors effectively. We work diligently to ensure fair outcomes for our clients, whether they’re seeking or paying spousal support.
It’s important to note that spousal support isn’t automatic in Alberta. Each case is unique, and courts have considerable discretion in making these decisions. That’s why having experienced legal representation is crucial.
Staying Updated on Legal Developments
We at Kolinsky Law stay updated on the latest legal developments and precedents in spousal support cases. This knowledge allows us to provide our clients with the most current and effective legal strategies. The landscape of family law is constantly evolving, and staying informed is key to achieving the best possible outcomes for our clients.
The Importance of a Holistic Approach
Remember, while these factors provide a framework, Alberta courts consider the entire picture when making spousal support decisions. As your dedicated legal team, we at Kolinsky Law will work tirelessly to present your case in the most favorable light, ensuring all relevant factors are considered.
Seeking Expert Legal Guidance
If you’re facing a Spousal Support Issue in Edmonton, don’t navigate this complex process alone. Reach out to us at Kolinsky Law. As some of the Best Family Divorce Lawyers in Edmonton, we’re here to protect your interests and guide you toward a fair resolution. Our experienced team will provide the support and expertise needed to navigate this challenging aspect of divorce proceedings.
by admin | Jul 23, 2024 | Blog, Divorce and Separation, Divorce Lawyer, Divorce Mediation, Family Divorce Lawyer
Divorce is challenging in any circumstance, but the complexities can multiply when it involves business partners. In Edmonton’s vibrant entrepreneurial ecosystem, many couples find themselves not only ending their marriage but also untangling their business ties. Let’s explore the unique challenges and considerations when divorcing a business partner in Edmonton and how family court proceedings intersect with business interests.
Executive Summary
- Business valuation is crucial and often contentious in divorce proceedings
- Options for business division include buyouts, co-ownership, or selling the business
- Alberta’s Matrimonial Property Act governs the division of business assets in divorce
- Tax implications must be carefully considered when dividing business interests
- Non-compete and confidentiality agreements may be necessary post-divorce
- Considering alternative dispute resolution may be beneficial
- Professional legal and financial advice is essential for protecting business interests
When Family and Business Law Comes Together
When entrepreneurs Divorce in Edmonton, their personal and professional life suffer equally. The process involves the emotional aspects of ending a marriage and the practical considerations of dividing a shared business. Understanding how Edmonton’s family courts approach these cases is crucial for protecting personal and business interests.
Business Valuation: The First Step
One of the most critical and often contentious aspects of divorcing a business partner is determining the value of the business. In Edmonton, courts typically require a professional business valuation. This process can be complex, especially for startups or businesses with intangible assets. Choosing a qualified business valuator familiar with Edmonton’s business landscape and accepted valuation methods recognized by Alberta courts is essential.
Options for Business Division
Once the business is valued, couples have several options:
- Buyout: One spouse purchases the other’s share of the business.
- Co-ownership: Both parties continue to own and operate the business together.
- Sell and split: The business is sold, and proceeds are divided.
Each option has pros and cons — your business or Divorce Lawyer in Edmonton and explain which one is better for your needs.
Legal Framework in Edmonton
In Edmonton, the Alberta Matrimonial Property Act governs the division of business assets in divorce. This act presumes an equal division of marital property, including business assets acquired during the marriage. However, courts have the discretion to deviate from an equal split if it would be unfair to one party.
Factors the court may consider include:
- Each spouse’s contribution to the business
- The length of the marriage
- Any prenuptial or postnuptial agreements
- The financial circumstances of each spouse post-divorce
Tax Implications
Dividing business interests can have significant tax consequences. Capital gains tax, income tax, and potential future tax liabilities must all be carefully considered. It’s advisable to consult with a tax professional familiar with Alberta and federal tax laws to structure the division in the most tax-efficient manner possible.
Protecting Business Interests Post-Divorce
After the divorce, it may be necessary to implement safeguards to protect the business, especially if one spouse is buying out the other. This might include:
- Non-compete agreements
- Confidentiality agreements
- Restructuring of business ownership
These measures can help ensure the business’s continued success and prevent potential conflicts down the line.
Alternative Dispute Resolution
Given the complexities of divorcing business partners, you must consider other resolution methods. There are options like mediation and collaborative law.
These approaches allow for more creative solutions that consider the business’s unique needs. And such methods can provide more satisfactory outcomes for both parties.
The Importance of Professional Advice
Navigating the intersection of family law and business interests in Edmonton requires specialized knowledge. It’s crucial to work with lawyers who understand family law and business law and financial advisors and accountants who can provide insight into the economic implications of various settlement options. Contact Kolinsky Law for professional advice.
by admin | Jul 13, 2024 | Blog, Child Custody, Child Custody Lawyer, Child Custody Lawyer Edmonton, Divorce and Separation, Divorce Mediation, Family Law Lawyer, Family Lawyer
Whether it’s about Divorce, Child Custody, or another aspect of Family Law, taking care of your mental health is super important. Also, consult a Best Family Lawyer in Edmonton Alberta to know your resources.
In this blog, Kolinsky Law will try its best to educate you on the best resources and other legal considerations that might make your journey a little easier.
Mental Health in Family Law Cases
Mental health issues can significantly affect family law proceedings, including divorce, child custody, and support arrangements. Fortunately, the courts in Edmonton recognize the importance of mental health in family matters and aim to make decisions that protect the best interests of all parties involved, especially children.
Key areas where mental health may impact family law cases include:
- Child custody and parenting time
- Spousal support
- Property division
- Capacity to make decisions
Legal Framework in Edmonton
Edmonton’s family law cases are governed collectively by provincial and federal legislation. Here are the primary laws that address mental health:
- Alberta Family Law Act
- Divorce Act (federal)
- Mental Health Act (Alberta)
- Adult Guardianship and Trusteeship Act (Alberta)
These laws lay out guidelines for addressing mental health concerns in family law proceedings. They also outline the rights and responsibilities of individuals with mental health challenges.
Child Custody and Parenting Time
When deciding on Child Custody in Edmonton, courts focus on what’s best for the child. They may consider a parent’s mental health if it affects childcare. Having a mental health condition doesn’t automatically prevent a parent from getting custody or time with their child. Courts might ask for mental health assessments to better understand how a parent’s condition impacts their parenting. This helps judges make fair decisions about custody and visitation.
Spousal Support and Property Division
Mental health issues in any partner can affect decisions about spousal support and property division. For example, if a spouse’s mental health condition affects their ability to work or become self-sufficient, this determines support payments differently.
Also, if mental health issues have led to significant financial consequences during the marriage, property division decisions can be hugely impacted.
Capacity and Decision-Making
We have come across several cases where mental health challenges question one’s ability to make legal decisions. That’s why The Adult Guardianship and Trusteeship Act provides a framework for appointing guardians or trustees. This is to assist individuals who lack capacity due to mental health issues.
Resources in Edmonton
Here are some resources that may benefit individuals suffering from mental health issues in Edmonton:
- Mental Health Helpline — a 24/7 confidential service providing support, information, and referrals (1-877-303-2642).
- Edmonton Family Court Counselors — provide free short-term counseling and referrals for families involved in court proceedings.
- Legal Aid Alberta: Offers legal assistance to low-income individuals, including those with mental health challenges.
- Canadian Mental Health Association (Edmonton Region) — provides education, advocacy, and support for individuals with mental health issues.
- Family Law Office — offers legal representation and advice in family law matters, including cases involving mental health concerns.
- Psychologists’ Association of Alberta — can help locate mental health professionals for assessments or treatment.
Legal Considerations and Best Practices
We, at Kolinksly Law, recommend following legal considerations and practices while you’re going through divorce or child custody battles:
- Seek early intervention: Address mental health concerns proactively to minimize their impact on legal proceedings.
- Maintain documentation: Keep records of medical treatments, therapy sessions, and any incidents related to mental health that may be relevant to your case.
- Collaborate with professionals: Work with mental health professionals, lawyers, and court-appointed experts to ensure a comprehensive approach to your case.
- Focus on children’s best interests: Prioritize children’s well-being in all decisions and negotiations.
- Consider alternative dispute resolution: Mediation or collaborative law processes may be less stressful and more productive for individuals with mental health challenges.
- Stay informed: Familiarize yourself with your rights and responsibilities under Alberta’s family and mental health laws.
Conclusion
It’s important to sort out your mental health issues before you sort out your family law case, no matter how stressful it is. Poor mental health doesn’t only jeopardize your case (especially child custody cases) but also affects your quality of life. This is why it’s important we seek help from the Best Family Lawyers in Edmonton or therapists to make this journey as convenient as possible.
by admin | May 24, 2024 | Blog, Child Custody, Child Custody Lawyer, Child Custody Lawyer Edmonton, Divorce and Separation, Divorce Mediation
Divorce is even more difficult for kids than it will ever be for parents. Kids never ask for it and rarely want it for their parents regardless of age. If you’re ending your marriage and there are kids involved, the process is going to be very difficult for you as well.
Putting all these overwhelming feelings aside, it’s time for you and your partner to work on a co-parenting plan that makes this whole journey easy for your child. To ensure the same, Kolinsky Law has 6 rules you must follow while working on this plan.
1. Your Child Always Comes First
Under these unpleasant circumstances, the best thing you can do is put your children’s needs and emotions first. As a Best Divorce Lawyer in Edmonton, we advise my clients to set aside their differences and focus on providing a stable, nurturing environment for their children. This should strictly avoid negative talk and blame-game shows about the other parent in front of the children and encourage them to maintain a strong relationship with both parents.
2. Clear And Honest Communication
Effective communication is key to successful co-parenting. We urge you to set up a reliable method of communication, such as email or a co-parenting app, to discuss important matters related to your children. Plus, there shouldn’t be room for bringing up your differences here. Keep your conversations focused on your children’s needs, and avoid bringing up past conflicts or personal issues.
Even if you find it difficult to communicate with your ex-spouse, there is always a mediator or a Child Custody Lawyer in Edmonton. Don’t don’t hesitate to reach out.
3. Have a Consistent Parenting Plan And Follow It
You can work with your ex-spouse and your Divorce Lawyer in Edmonton to create a detailed parenting plan that outlines each parent’s responsibilities, visitation schedules, and decision-making authority. A well-structured parenting plan helps minimize confusion and conflict, providing your children with a sense of stability and predictability. Be sure to review and update your parenting plan as your children’s needs change over time.
4. The Plan Should Be Flexible To Make It Easy To Follow
We get it, sticking to the parenting plan is important. But life happens, and unexpected situations will pop up. Be ready to bend a little and accommodate reasonable requests from your ex-spouse, like swapping visitation days or adjusting schedules for special events. Showing flexibility and cooperation tells your children loud and clear that their well-being is your number one priority.
5. Show Them You’re Still A Team
Just because you’re not married anymore doesn’t mean you can’t still be a kick-ass parenting duo! Whenever you can, show up together at your kids’ important events. Attend events like school plays, soccer games, dance recitals — all that good stuff. Trust us, when your kids see you both there, cheering them on and being all supportive, it’s going to mean the world to them.
6. Seeking Professional Help When Needed
More than 60% of divorced parents seek professional help to make things work for their kids. There will be times when you need a little extra support. So, when you feel like it, don’t be afraid to reach out to a therapist, counsellor, or Child Custody Lawyer in Edmonton. This will surely help you navigate the tough stuff and keep your co-parenting relationship on track. Remember, taking care of yourself emotionally is crucial to being the best co-parent you can be.
The Final Word
If you want to make it work, no one can stop you. Successful co-parenting after divorce requires effort, patience, and commitment. It takes putting your differences aside to prioritize your children’s well-being. It also requires both parents to never give up on their kids no matter how big their conflict is.
By putting your children first, establishing clear communication, creating a consistent parenting plan, and being flexible and cooperative, you can build a strong foundation for a healthy co-parenting relationship. If you need assistance with child custody or any other aspect of divorce, don’t hesitate to contact a trusted & Best Divorce Lawyer in Edmonton at Kolinsky Law.
by admin | Feb 29, 2024 | Blog, Divorce and Separation, Divorce Mediation
Divorce is a challenging journey, marked not just by the end of a relationship but by the complex process of untangling shared lives. In Edmonton, where the laws and procedures surrounding divorce are specific and detailed, mediation emerges as a valuable path for those seeking a more amicable resolution. At Kolinsky Law, we understand the intricacies of divorce mediation and offer this guide to help you prepare effectively, ensuring a smoother process for all parties involved.
Understanding Divorce Mediation in Edmonton
Mediation is a confidential, usually informal process where a neutral third party helps divorcing couples reach agreements on various matters, including parenting plans, guardianship, child and spousal support, and some property issues. It’s a preferred route for many, as it focuses on the best interests of any children involved and can prevent the need to go to court, often resulting in less stress and expense.
Eligibility for Free Mediation Programs
In Edmonton, you may qualify for a free mediation program if you are going through a separation or divorce, both parents agree to participate, one parent earns a gross income of $60,000 or less annually, and there is at least one dependent child under 18 or eligible for continued support. This program aims to facilitate cooperation, emphasizing the children’s well-being.
Steps to Prepare for Mediation
1. Educate Yourself
Before entering mediation, take the time to understand your obligations and rights. The online Parenting After Separation course is an excellent starting point for those making parenting plans. Additionally, resources from the Centre for Public Legal Education Alberta and Family Law information resources can offer valuable insights into handling financial and parenting decisions during this transition.
2. Legal Consultation
While mediators do not provide legal advice, consulting with one of the Best Divorce Lawyers in Edmonton can prepare you for the process. At Kolinsky Law, we equip you with the legal knowledge necessary to navigate mediation effectively, ensuring you understand the implications of potential agreements.
3. Mediator Engagement
A mediator will contact each party individually to discuss the issues at hand, gather necessary information, and assess any safety concerns. This step is crucial for setting the stage for a productive mediation session, ensuring that all parties are informed and prepared.
4. Active Participation
Mediation sessions, typically lasting 2-3 hours, require the active participation of both parties. Although informal, these sessions are confidential, with the mediator facilitating discussion but not making decisions. It’s essential to approach these sessions openly and be willing to negotiate.
5. Post-Mediation Steps
After reaching an agreement, the mediator will provide a summary, which, while not legally binding, outlines the agreed terms. It is vital to follow through on these decisions or consult with your mediator or lawyer about making the agreement legally binding.
6. Legal Support Throughout
Kolinsky Law stands ready to support you through the mediation process. As some of the Best Divorce Attorney in Edmonton, we can provide the legal advice and representation you need before, during, and after mediation. Whether you need assistance understanding your legal rights, drafting a legally binding agreement, or navigating complex legal issues, our team is here to help.
Conclusion
Divorce Mediation in Edmonton presents a pathway to resolving disputes amicably and efficiently, focusing on the best outcomes for the children involved. By preparing adequately, seeking the right legal advice, and engaging fully in the mediation process, you can navigate this challenging time more efficiently and clearly. At Kolinsky Law, we are committed to providing our clients with the support and expertise to achieve the best possible outcomes in divorce mediation.
