Will my spouse have to consent to my divorce in Calgary?

As a divorce lawyer in Calgary, I am frequently asked by clients: Does my spouse have to consent to my divorce in Calgary? The answer usually surprises clients as they almost always believe that their spouse will have to "sign" the divorce papers. If the divorce is uncontested, your spouse will not have to provide consent for your divorce to proceed. "Uncontested" in this article means that your spouse files no papers with the Court after they are served with the Court documents that start the divorce. Once a party is served with these documents, they have a specific period of time in which to file papers with the Court. If they are served in Alberta, they have 20 days, if they are served

When should child support be adjusted?

As a divorce lawyer in Calgary, the question I am most frequently asked is: When should child support be adjusted? Any increase, or decrease, in the incomes of the parties will almost certainly require child support to be adjusted. This is because the parties should be sharing any section 7 expenses in direct proportion to their respective incomes and, if one party's income increases or decreases, it is likely to affect the percentage of section 7 expenses that they are responsible for. In addition, an increase, or decrease, in the income of the payor of section 3 child support will result in a change in the amount of base child support payable. In my experience, most people realise this. T

What things should I take to my initial consultation with my divorce lawyer in Calgary?

From my experience of helping clients obtain a divorce in Calgary, I have learned that they are usually unsure of what things they should bring with them to the initial consultation. Hopefully, such people will find this summary useful. During an initial consultation, I like to take basic facts from clients. When they married, the date they believe they separated, the names of their children, the parenting schedule that has been in place since separation, what assets they have, etc. Usually, such information can be obtained by asking questions and this is usually the first thing I do to obtain such information. Sometimes, clients have been to Court previously and have Court Orders that sh

How does the reason for divorce affect my divorce in Calgary?

As divorce lawyer in Calgary, clients frequently ask me: How does the reason for my divorce affect my divorce in Calgary? In essence, there are 2 main ways that the reason for the divorce may affect the divorce: a) the date that one can apply for a divorce judgment; and b) the effect the reason for the divorce will have upon any financial issues. At this time, we should recap the types of reasons for divorce that are accepted by the Courts. The Divorce Act provides that one of the following must be established before a Court is able to establish that the marriage has broken down: a) the spouses have lived separate and apart for at least one year immediately preceding the determination of th

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