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A divorce can be one of the most stressful and confusing events in your life. For some, the issue may arise suddenly and require several vitally important decisions to be made in a short period of time. A person going through a divorce has rights, concerns and interests, and sometimes these are in conflict with the rights, concerns and interests of the other spouse.
Like a divorce, when a common law relationship ends there can be several questions that need to be addressed. Do I need to get a Court Order or sign a contract to be separated? How are arrangements made for the children? How do I initiate or respond to an application for partner support? What happens to our property? We at Capital City Law can assist you with all of these questions.
In most separations, both parties understand that the children need to be supported, but often people have questions regarding how child support is supposed to work. These often include questions about how payments can be made, when they should start, and how much the payments should be.
In some situations, support for a former spouse or partner may be payable. Sometimes called alimony or maintenance, spousal support (if the parties were married) or partner support (if the parties were not married) is a financial obligation that sometimes arises on separation, as set out in either the Divorce Act (married) or the Family Law Act (not married).
Any decision made regarding either custody or parenting time must be made in accordance with what is in the children’s best interests. There are a multitude of factors to be considered in determining the best interests of children, including what arrangement best addresses the children’s physical, emotional and psychological needs, what arrangement will best foster a relationship with each parent and, in certain situations, what arrangement is preferred by the children.
One of the most difficult and confusing issues to deal with in a separation can be how to divide the property that has accumulated during the relationship. It isn’t always immediately clear what property needs to be divided or how that division is to take place. As well, the laws for dividing property for married couples are significantly different than the laws for couples who were not married.
If you, or a loved one, are in danger or have been the victim of a crime, the first step should always be to contact your local police.
The laws of Alberta have set up two processes for dealing with issues through the family courts where an individual has fears for their safety from other individuals – Emergency Protection Orders and Restraining Orders.