Do I have to go to court to get a divorce?

If you are on the verge of a divorce, you probably have many questions when it comes to divorce and common law separation. One of the big questions you are probably thinking about is whether or not you can get divorced without going to court. This could be a possibility for you if you have an uncontested divorce.

However, there are many important details that must be addressed. That’s one of the reasons why it’s so important to work with an experienced Edmonton divorce lawyer from the outset of your separation.

Take a look at some of the basics you should know about if you’d like to get a divorce without going to court. You can also book a free consultation with an Edmonton divorce lawyer from Capital City Law right now if you have any questions.

Can You Get a Divorce Without Going to Court?

Yes, it is possible to get a divorce in Alberta without going to court.

Court is not required for a divorce if both parties can work amicably through the process without much legal intervention. Of course, the court is always there if your divorce situation becomes complicated or you’re having difficulty resolving specific matters.

Resolving a Divorce Through Consent

A divorce that can be settled via consent from both parties is often referred to as a desk divorce. This means that no court appearance is required. A justice will be able to review all documents at his or her desk before approving the divorce. Although you may not need to appear in court, you should still always work with a divorce lawyer.

It is important to seek the help and expertise of an Edmonton divorce lawyer as early as possible in the process to ensure that you can protect your best interests even if you’re involved in an uncontested divorce.

What Happens When Issues Need to Be Resolved?

You might think that you have no choice other than to go to court if disagreements need to be resolved. However, this isn’t necessarily the case. There are other options that can be explored that will keep you out of the courtroom. Here’s a look at the main alternatives to court:

• Arbitration
• Divorce mediation
• Negotiation through legal counsel

All three of these options can potentially save you time and money in a divorce and separation. Again, it’s imperative that a divorce lawyer is working on your behalf when you enter divorce mediation or some type of negotiation process. Issues like custody, asset division and more can create complicated and delicate situations.

Do Common Law Separations Require the Court?

Separations between common-law couples or adult interdependent partners often do not require court appearances. Both parties can agree to put a contract in writing for the sake of security if they prefer. This is often referred to as a separation agreement. This agreement will address any issues that need to be settled before a couple can part ways.

Are You Looking for an Edmonton Divorce Lawyer?

You likely have questions if you’re beginning the divorce process. Capital City Law is an Edmonton law firm highly experienced in family law matters. We want to help you understand the process of initiating or responding to a divorce filing and learn about the options that are available to you.

Call (780) 462-4321 or contact us today to book a free consultation with one of our family lawyers.