by admin | Apr 24, 2025 | Blog, Divorce and Separation, Divorce Attorney, Divorce Lawyer, Divorce Mediation, Family Divorce Lawyer
Introduction: Why Property Division Matters
When your marriage ends, dividing property isn’t just paperwork—it’s about setting yourself up for a fresh start. In Alberta, the Family Property Act explains how you and your ex should divide what you own and what you owe, whether you were married or in a common-law relationship.
Understanding what counts as matrimonial property, what you get to keep, and how the split works is essential. You’re making big decisions about your home, savings, and personal belongings. It’s emotional, but knowing your rights helps you stay in control.
What Is Matrimonial Property?
Matrimonial property refers to all the assets you and your spouse have built or gathered during your time together. This can include:
- Your house or apartment
- Cars
- Joint bank accounts or savings
- Pensions and RRSPs
- Any business or side hustle assets
- Furniture and household items
Even if something is only in one of your names, the law often sees it as shared. That’s because both of you likely contributed—one earning income, the other maybe caring for kids or managing the home.
What Property Is Exempt?
Not everything has to be split. Some things are considered yours alone, like:
- What you owned before you got married
- Gifts given only to you
- Inheritances
- Money from personal injury claims
But if those things increased in value while you were together, your ex might have a claim to the growth. For example, if a condo you bought before marriage doubled in value, you may have to share that increase.
How Is Property Divided?
The law in Alberta usually starts with a 50/50 split. But it also understands that equality isn’t always fair. If you and your ex can agree, you can make a legal agreement to divide things your way. If not, a judge will decide what’s fair.
Judges look at:
- How long were you together
- What each of you contributed—money, time, parenting
- If one of you gave up work or opportunities for the relationship
- If you have any legal agreements (like a prenup)
This is where having a Good Divorce lawyer in Edmonton matters. We make sure your efforts—paid or unpaid—get the recognition they deserve.
What About Debt?
Along with property, debt is also divided. That includes mortgages, loans, and credit card balances. If the debt helped support your life together, it’s usually shared.
But if your ex secretly ran up debt or spent money irresponsibly, the court may make them deal with that alone. We help make sure you’re not stuck paying for things you didn’t agree to.
Timelines and Legal Requirements
In Alberta, you usually have two years from your separation or divorce date to claim your share of the property. That time can pass quickly, especially when you’re under stress.
Missing the deadline could mean losing what’s yours. Talking to a Family Divorce Lawyer in Edmonton early helps you stay on track. We’ll walk you through the process, help protect what matters, and make sure you’re not left behind.
Final Thoughts: Fairness Over Assumptions
Property division isn’t just about pay-checks—it’s about the life you built together. Alberta’s laws try to divide things fairly, but you need to speak up for your contributions.
At Kolinsky Law, we help you do that. We take the time to understand your situation, stand up for your rights, and walk beside you through every part of the process.
If you’re going through a separation or divorce and need help understanding your options, our experienced Divorce Lawyers in Edmonton, Alberta, are ready to support you.
by admin | Mar 21, 2025 | Blog, Divorce and Separation, Divorce Attorney, Divorce Lawyer, Divorce Mediation
Introduction
Divorcing a narcissist can be one of the most difficult legal battles due to their manipulative tactics, emotional abuse, and refusal to compromise. Unlike amicable divorces, high-conflict cases with narcissistic spouses often involve prolonged litigation, false accusations, and financial deception.
Understanding their behaviour and preparing accordingly is crucial to protecting your rights and securing a fair settlement. This article outlines legal strategies opted by our Divorce Lawyers in Edmonton to ensure a smooth divorce with a narcissist while minimising stress and ensuring the best possible outcome.
Recognising Narcissistic Behaviours in Divorce
Narcissistic individuals often display patterns of manipulation and control, making divorce an emotionally and legally exhausting process. Some common tactics include:
- Deception – Distorting the truth to make you doubt your own reality.
- Blame-shifting – Refusing to accept responsibility and portraying themselves as the victim.
- Using Children as Leverage – Manipulating custody arrangements to exert control.
- Hiding Assets – Concealing income or assets to avoid fair division.
- Dragging Out the Process – Filing unnecessary motions to increase legal costs and stress.
Recognising these behaviours early allows for a proactive legal approach, reducing the risk of falling into their traps.
Gathering Strong Evidence
Since narcissists thrive on manipulation, solid evidence is essential in proving their actions in court. Steps to take include:
- Keep Detailed Records – Document all interactions, including text messages, emails, and incidents of harassment or threats.
- Financial Documentation – Gather tax returns, bank statements, and proof of assets to prevent financial deception.
- Witness Statements – Friends, family, or therapists can provide testimony supporting claims of abuse or manipulation.
- Professional Evaluations – Psychological assessments may be necessary if custody disputes arise due to the narcissist’s behavior.
Proper documentation strengthens your case and limits the narcissist’s ability to distort the truth in court.
Setting Clear Boundaries
One of the most effective ways to deal with a narcissist during divorce proceedings is to establish firm boundaries:
- Limit Direct Communication – Use email or legal channels to document interactions and prevent emotional manipulation.
- Parallel Parenting – If children are involved, minimize direct contact and follow structured custody agreements.
- Avoid Emotional Engagement – Narcissists thrive on conflict; keeping interactions factual and detached reduces their power over you.
- Use a Third Party – Having a lawyer or mediator handle communication prevents unnecessary confrontations.
By maintaining clear boundaries, you can prevent the narcissist from using psychological tactics to control the process.
Legal Strategies to Counter Narcissistic Tactics
- Secure Temporary Orders Early – Protect custody, support, and personal safety.
- Request a Guardian ad Litem – Ensure children’s best interests are prioritised.
- Push for Court-Mandated Mediation – Control conflicts with legal oversight.
- Seek Sanctions for Frivolous Filings – Prevent delays caused by legal abuse.
- Demand Full Financial Disclosure – Uncover hidden assets and income.
Protecting Your Mental and Emotional Well-Being
Divorcing a narcissist is not just a legal battle—it is also an emotional one. Taking steps to safeguard your mental health is crucial:
- Seek Support – Therapy, support groups, or trusted friends can help you navigate the emotional toll.
- Practice Self-Care – Engage in activities that reduce stress, such as exercise, journaling, or mindfulness practices.
- Stay Focused on the End Goal – Avoid getting drawn into unnecessary fights and keep your attention on achieving a fair outcome.
- Lean on Your Legal Team – Trust experienced professionals to handle the complexities of the case, allowing you to focus on rebuilding your life.
Maintaining emotional resilience ensures that you remain strong and clear-headed throughout the process.
Conclusion
Divorcing a narcissist requires a strategic approach to counter manipulation and protect your rights. Recognising their tactics, gathering evidence, and setting boundaries are crucial. Prioritising legal and emotional well-being ensures a fair resolution. The Best Divorce Lawyers in Edmonton can make all the difference in securing your future.
by admin | Mar 19, 2025 | Best Lawyers in Edmonton, Blog, Divorce and Separation, Divorce Attorney, Divorce Lawyer, Divorce Mediation, Family Divorce Lawyer
Introduction
Divorce among older couples, often referred to as gray divorce, has been rising steadily over the past few decades. While divorce rates among younger generations have declined, studies show that the rate of divorce among those aged 50 and older has doubled since the 1990s.
This shift raises important questions: Why are long-term marriages breaking down later in life? What unique challenges do older divorcees face?
Several factors contribute to this trend. Longer life expectancy, changing priorities, financial independence, and shifting societal norms all play a role. Gray divorce also presents unique legal and financial challenges, from dividing decades of shared assets to ensuring retirement stability.
Understanding these factors can help individuals dodge the complexities of ending a marriage after 50.
Key Reasons Behind the Rise of Gray Divorce
1. Longer Life Expectancy and Changing Priorities
With increased life expectancy, many individuals in their 50s or 60s begin reassessing their happiness and future. If a marriage no longer provides emotional satisfaction, some choose to start fresh rather than remain unfulfilled.
2. Financial Independence
Both partners in a marriage today are more likely to be financially independent, making it easier to separate. With more women in the workforce and managing their finances, the fear of financial insecurity after divorce has diminished.
3. The ‘Empty Nest’ Effect
Many couples stay together for their children. Once children grow up and leave home, some spouses realise they have grown apart. Without shared parental responsibilities, they may struggle to maintain their connection.
4. Evolving Social Norms
Divorce carries far less stigma today than in previous generations. Older adults increasingly recognize their right to seek happiness and fulfilment. The rise of online dating and social media has also made starting over seem more attainable.
5. Lifestyle and Personal Growth Differences
Over time, partners may develop different interests and values. One may want to travel and explore, while the other prefers a quiet retirement. When aspirations no longer align, divorce may become the best option.
Legal and Financial Challenges of Gray Divorce
1. Division of Assets and Retirement Savings
Decades of accumulated wealth, real estate, and investments make asset division complex. Retirement accounts, pensions, and Social Security benefits must be carefully assessed to ensure both parties maintain financial stability.
2. Spousal Support Considerations
In many gray divorces, one spouse may have been the primary earner. Courts often consider long-term spousal support (alimony) if one partner lacks the financial means to sustain themselves.
3. Healthcare and Insurance Issues
Health insurance and medical care become major concerns in gray divorce. Many spouses rely on their partner’s health benefits, which may be lost after separation. Securing alternative coverage can be expensive, especially with pre-existing conditions. Planning for long-term care, medical expenses, and insurance options is crucial for financial stability post-divorce.
4. Emotional and Social Impact
Gray divorce affects more than finances. Older couples often share friendships, family ties, and social circles, which may change after divorce. Rebuilding a social life can be challenging, making emotional support important.
Conclusion
The rise of gray divorce highlights shifting dynamics in marriage, agging, and personal fulfilment. While divorce after 50 presents unique financial and legal challenges, it also offers individuals the opportunity to seek happiness and independence. Proper planning, financial foresight, and legal guidance are crucial in navigating this transition successfully.
As societal attitudes evolve, more older adults choose to embrace change rather than remain in unfulfilling marriages. Understanding the factors behind this trend and preparing for its legal implications can help individuals make informed decisions about their future.
Get in touch with Kolinsky Law the Best Divorce Lawyers in Edmonton to make your divorce process as smooth as possible.
by admin | Jan 22, 2025 | Blog, Divorce and Separation, Divorce Attorney, Divorce Lawyer, Divorce Mediation
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.
by admin | Dec 22, 2024 | Best Lawyers in Edmonton, Blog, Divorce and Separation, Divorce Lawyer, Divorce Mediation, Family Divorce Lawyer, Family Law Lawyer, Family Lawyer
Introduction
Getting a Divorce in Edmonton can seem overwhelming, both emotionally and financially. At Kolinsky Law, we understand that cost concerns are often at the forefront of our clients’ minds when considering divorce.
While every situation is unique, clearly understanding potential expenses can help you better prepare for this significant life change. Whether you’re considering an uncontested divorce or facing a more complex situation, knowing the likely costs involved can help you make informed decisions.
Let’s break down the various costs you might encounter during the divorce process and explore how our experienced team can help you navigate these financial considerations.
Basic Court Filing Fees
The mandatory court filing fees in Edmonton include $260 for a Statement of Claim for Divorce. Joint Divorces require an additional $50 for the divorce judgment. At Kolinsky Law, we ensure all paperwork is filed correctly the first time, preventing costly delays or rejections. These fees are non-negotiable and must be paid regardless of which lawyer you choose.
Uncontested Divorce Costs
An uncontested divorce, where both parties agree on all terms, typically costs between $1,500 and $3,000 with our firm. This includes legal fees, document preparation, and filing costs. We offer streamlined services for uncontested divorces to keep costs minimal while ensuring all legal requirements are met and your interests are protected.
Contested Divorce Expenses
Contested divorces involving disagreements over property, custody, or support typically range from $5,000 to $15,000. Factors affecting cost include court appearances, negotiation time, and issue complexity. We resolve disputes efficiently through negotiation and mediation when possible, helping reduce unnecessary legal expenses.
Additional Services
Some divorces require extra services:
- Property appraisals: $500-$1,500
- Financial consultations: $200-$500
- Mediation: $300-$500 per session
- Child custody evaluations: $2,000-$5,000 We help identify which services are necessary for your case and provide guidance on managing these expenses effectively.
Payment Options
Our Family Divorce Lawyers in Edmonton understand divorces can strain finances. We offer flexible payment plans and transparent billing practices. Our team provides detailed cost breakdowns during initial consultations and updates throughout the process. We work with clients to create manageable payment arrangements while ensuring quality legal representation.
Time Considerations
The duration of your divorce directly impacts costs. Simple uncontested divorces can be completed in 3-6 months. Contested divorces typically take 8-18 months. We focus on efficient resolution while protecting your interests. Our experience helps anticipate and prevent delays that could increase your legal expenses.
Legal Aid Options
For those who are facing financial hardship, Legal Aid Alberta may assist if you meet their income requirements. We can help determine your eligibility and connect you with appropriate resources. While we don’t handle Legal Aid cases directly, we can refer you to qualified professionals who do.
Contact Us
Understanding divorce costs is crucial for proper planning. Our Divorce Attorney in Edmonton provides honest assessments of potential expenses based on your situation. Contact Kolinsky Law for a consultation to discuss your case and receive a detailed breakdown of expected costs. We’re committed to helping you navigate this process affordably and effectively.
