by admin | Oct 22, 2024 | Best Lawyers in Edmonton, Blog, Divorce and Separation, Divorce Lawyer, Divorce Mediation, Family Divorce Lawyer, Family Law Lawyer, Family Lawyer, Pet Custody
Divorce can be a difficult time, and deciding what happens to pets can add even more stress. In Alberta, the courts treat pets as property, not family members. This means the courts handle pet disputes in divorce much like they do with other assets. For pet owners, this can be upsetting because they often view their pets as family, not just property. Understanding how Alberta courts approach pet custody is important if you are facing a divorce and want to protect your pet’s well-being.
Key Takeaways
- Pets are treated as property in Alberta divorce cases
- Courts consider factors like who primarily cared for the pet
- Emotional bonds between pets and owners aren’t typically a deciding factor
- Kolinsky Law can help you navigate complex pet custody disputes in Edmonton
Pets as Property in Alberta
In Alberta, pets are considered property in divorce cases. This means that during a divorce, pets are treated like other assets, such as a home or a car. The courts aim to divide property fairly between the spouses. Unfortunately, the emotional bond you have with your pet isn’t a major factor in this process.
How Courts Decide Pet Custody
Since pets are property, Alberta courts don’t use the term “pet custody.” Instead, they decide which spouse keeps the pet. The courts might consider who bought the pet, who took care of it, and who has the best living situation for the pet after the divorce. The person who provided the most care for the pet may have a stronger claim.
While your love for your pet is important to you, the courts won’t focus on emotional factors. This can make it hard to predict who will get the pet.
Resolving Pet Disputes Outside of Court
To avoid uncertainty, many couples settle pet disputes outside of the court. Mediation or mutual agreements can be a good option. This allows both parties to have more control over the outcome. Our Family Divorce Lawyers in Edmonton can help you reach a fair agreement that works for both you and your pet.
How We Can Help
- Understand Your Situation: We listen to your concerns and understand the importance of your pet in your life.
- Legal Guidance: Our experienced divorce lawyers explain Alberta’s pet custody laws and how they apply to your case.
- Negotiation: We work to reach a fair agreement that considers your pet’s best interests without conflict.
- Mediation: We help you and your spouse find mutual agreements, such as shared custody or visitation, to avoid court.
- Litigation: If needed, we represent you in court to fight for your right to keep your pet.
- Support: Kolinsky Law provides both legal and emotional support throughout the process.
With us, you’re not just hiring a lawyer—you’re gaining an advocate who cares about you and your pet.
In conclusion, pets are treated as property under Alberta law, but they are much more than that to their owners. If you want to ensure the best possible outcome for you and your pet, contact Kolinsky Law, the Best Divorce Lawyers in Edmonton Alberta, for guidance and support. We will help you navigate this emotional process and protect what matters most.
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.
