What happens to the divorce if the parties attempt to reconcile?

As a divorce lawyer in Calgary, I am frequently asked by clients: What happens to the divorce if I attempt a reconciliation? Section 8(3) of the Divorce Act provides the answer to that question. If the parties are relying upon separation of at least a year as the ground for the divorce, they may attempt a reconciliation for a period, or periods, not exceeding 90 days without the "clock" that counts the one year period having to be reset. One of the objectives of the Divorce Act is for the parties to reconcile. When family lawyers file divorce papers with the Court in Calgary to commence a divorce action, they must state that they have complied with the duty to discuss with their client the

What are the grounds for divorce?

As a divorce lawyer in Calgary, I am frequently asked: What are the grounds for divorce? The grounds for divorce are contained in the Divorce Act, and are the same all over Canada. They are that: a) The spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or b) The spouse against whom the divorce proceeding is brought has, since the celebration of the marriage, i) Committed adultery; or ii) Treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses What many peopl

What are the disclosure requirements for couples divorcing or separating in Calgary?

When couples are going through a divorce, or separation, in Calgary, it is imperative that they provide one another with full financial disclosure. This is the case if they have lawyers, if they are using mediators, if they intend to use to Court to determine financial issues, or if they simply wish to negotiate between themselves. Without full financial disclosure, there is a real danger that the parties will not divide their assets, or resolve issues such as child support and spousal support, properly. Financial disclosure is required to enable the parties to deal with the division of property, child support and spousal support and, to ensure that negotiations are able to progress as effi

What is shared parenting?

As a divorce and family lawyer in Calgary, I am frequently asked: What is meant by shared parenting and how may it affect me? From my experience, people want to know how shared parenting will affect custody and access, parenting and child support. They usually do so when they are involved in a separation or a divorce. Both the Federal Child Support Guidelines and the Alberta Child Support Guidelines make reference to either shared access/physical custody or shared parenting. To avoid any confusion, I shall simply refer to shared parenting. Shared parenting occurs when each parent has at least 40% of the time with a child. This is calculated over the course of a year. Some cases have s

What is the Focus on Communication in Separation Course?

The Focus on Communication in Separation Course is a course that is available to parents and guardians that have separated. It is a 6 hour course that is offered in Calgary and 6 other locations in Alberta. There is no charge to attend the course and it is recommended that the course is taken separately from the other parent or guardian. While the course is primarily designed to assist the parties cope with custody, access, guardianship and parenting that relate to the children, the topics taught are also applicable to minimise confrontation when also dealing with issues such as divorce, separation, child support, spousal support and division of matrimonial property. In essence, the primary

What are section 7 expenses?

Section 7 expenses are one part of child support that both parents that are divorced, or separated, are responsible for. The "section 7" is a reference to section 7 of the Federal Child Support Guidelines, or section 7 of the Alberta Child Support Guidelines. While, in theory, the Federal Child Support Guidelines are used by married parents that are divorcing, or have divorced, and the Alberta Child Support Guidelines are used by married, or unmarried, parents that have separated, for practical purposes it makes little difference as the provisions are almost the same. Unlike when assessing base child support, the Court does not normally consider the access regime, or the parenting regime, th

How are section 7 expenses split?

As a Calgary divorce lawyer, one of the questions I am frequently asked by clients is: How are section 7 expenses split between the parties? The answer to that question is relatively straightforward: Usually, they are split in direct proportion to the parties' incomes. Unlike base child support, section 7 child support does not depend upon the parenting schedule that the parties are using. To determine base child support, the incomes of the parties, and the parenting/access regime the parties are using, must be considered. For the vast majority of claims for section 7 expenses, only the incomes of the parties is relevant. Custody, access and parenting are not relevant. If, for example, t

Should I attempt mediation before I file for divorce in Calgary?

As a divorce lawyer in Calgary, I am frequently asked by clients if they should attempt mediation before they file divorce papers at the Court in Calgary. In most instances, the answer to such a question would be: Yes. There are a large number of organisations that provide mediation services in Calgary. Some of them are free, some of them require a fee and, when contacting a mediator you should enquire about their fee structure. Some mediators in Calgary are divorce lawyers and some are not. Before retaining a mediator, it is advisable to enquire as to what training and qualifications the mediator has, so that you can decide whether they have the expertise to successfully bring the partie

What is the difference between separation and divorce?

As a divorce lawyer in Calgary, I am frequently asked about the difference between separation and divorce. Once a divorce is granted, the parties are no longer married whereas, during separation, the parties are still married. Many people do not realise that it possible to be separated while still living in the same residence. Only a Court can grant a divorce and, until such time as a Court does grant a divorce, the parties remain married, even though they may have lived separate and apart for a significant period of time. When consulted by clients, most family lawyers in Calgary will determine whether the parties simply wish to deal with issues such as custody and access, child support, sp

Is it possible to obtain a Divorce in Calgary without going to Court?

As a divorce lawyer in Calgary, one of the first questions I am asked when I meet with clients is: Is it possible to obtain a divorce in Calgary without having to attend Court? The simple answer to that question is: Yes. Many people are able to obtain their divorce without ever having to go anywhere near a Court. I would suggest that more than 99% of divorces resolve without requiring a trial. Some divorces do require a party to bring an Application to deal with the issues of custody and access, child support or spousal support, particularly on an interim basis. Most divorce lawyers in Calgary are able to obtain a divorce that deals with custody, access, child support and spousal support w

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