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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.
In Canada, a divorce is a judgment from the court that ends a marriage, but there may also be much more involved. If the parties have children, a divorce will also have to deal with the issues of custody, access and child support. In some situations, a divorce may also deal with spousal support. Division of matrimonial property may also be addressed. The issues involved in each divorce are unique, as are the individuals involved, and the options and processes available to address these issues are varied.
Going through a divorce does not mean that the parties involved need to engage in a long, contentious or expensive ordeal. A divorce can be completed without the need for engaging in a legal battle with the other spouse. There are opportunities for negotiation, co-operation and agreement throughout the process, depending upon the people and issues involved, and whether the parties are able to work together towards a mutually beneficial resolution.
A divorce can be completed (relatively) quickly and inexpensively. An uncontested divorce, often called a consent divorce or a desk divorce, can often be completed in as little as three to four months, provided both parties can come to an agreement on how to resolve the issues that need to be addressed.
If parties are unable to reach an agreement on their own, that does not mean that the door to negotiation or agreement is necessarily closed. A divorce lawyer can often assist with the negotiation process, using his or her knowledge of the laws and processes involved to help clients make reasonable and informed decisions, proposals and agreements.
Mediators can also become involved to help guide a negotiation, either with or without legal counsel involved. In some instances, judges of the Provincial Court or the Court of Queen’s Bench of Alberta can assist with this, through a process called Judicial Dispute Resolution. The family lawyers at Capital City Law have experience with all of these processes and can help you move your matter towards a fair resolution.
In some instances, it may not be possible or practical to reach a negotiated agreement. For these situations, the courts are available to assist. While undoubtedly more stressful, time-consuming and expensive than reaching a negotiated settlement, for those who need the assistance of competent counsel to assist them through the difficult and often-times confusing Court process, the lawyers at Capital City Law are available to help.
Our family lawyers have experience at all levels of court in Alberta and can put that experience to work for you.
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