Divorce Lawyer Edmonton | Court Of Queens Bench
Many people have questions for their divorce lawyer Edmonton. Including, when they get a divorce. Will they be going through provincial court, or the court of Queen’s bench?
There are some notable differences. Between provincial court, and federal court. Which is also known as Court of Queen’s bench. However, there are a lot of overlapping matters as well.
For example, both courts can deal with child support matters. As well as parenting matters, and spousal support matters. However, with an actual divorce. And division of marital property.
People must be going to a court of Queen’s bench. Instead of provincial court. As provincial court does not deal with divorce matters at all. There are in fact, two types of legislation. That deals with relationships ending.
The family act, which deals with common-law relationships. Or with children that have come. From a couple, that are not in a specific relationship. And the divorce act, which specifically governs.
Ending an actual marriage. Which must be done at the court of Queen’s bench. The family Law act is specifically provincial legislation. However, because both acts can deal with things like child support.
As well as spousal support, and parenting matters. Some matters can go before both the court of Queen’s bench. But also, the provincial court as well. However, people should keep in mind.
That if they want to file through the court of Queen’s bench. It is going to be an additional fee. While filing at the provincial court level, is free. However, before a parent decides to go to court.
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They must not only put together their package. That includes the request that they are making. As well as an affidavit. Which is essentially, the reason. Why the parent is making this application in the first place.
It is going to be this story that the parent tells the judge. About their situation. It must be factual. And it also must be sworn, that it is true. Once the parent has their application and affidavit.
They also must complete. The parenting after a separation course according to divorce lawyer Edmonton. This is a free course that is found online. And is actually mandatory for both parents to complete.
In order to have the matter seen in a court. Once they have their application. As well as their affidavit, and parenting after a separation course. If they need any supporting documents.
Providing proof to the judge. Of what they are requesting. Then, they will be able to file the papers. Either through provincial court. Or federal courts, known as Court of Queen’s bench.
Once a parent has made their application. And filed it within the courts. Regardless of if it is a provincial courts. Or if they made the filing through federal court. They also have to serve the other party.
This is essentially handing the other party the package. Of what they have filed. And if it is about a divorce directly. Spouses cannot serve each other directly. They must get someone else to file.
And if people have any questions about this process. They can contact divorce lawyer Edmonton at eLaw Alliance. They have free one hour consultations. To help anyone who is in a family Law or divorce scenario.
Divorce Lawyer Edmonton | Court Of Queen’s Bench
Many people may not know says divorce lawyer Edmonton. But they can get their family law situation. Dealt with by provincial court. Or by the court of Queen’s bench, known as federal court.
While there are some differences between provincial court and court of Queen’s bench. These differences are mostly procedural. And the things that make them the same. Include being in a courtroom.
And being presided over by a judge. The judge will hear evidence, and make a ruling based on the belief. Is the best outcome for everyone. If someone coming before a judge in either Court of Queen’s bench.
Or in a provincial court, and they do not have. An agreement already, the judge will decide on one for both parties. And while some people may prefer federal or provincial court.
According to divorce lawyer Edmonton, there is truly no real advantage. Between the two different court systems. As well, they both offer assistance for people who are representing themselves.
They both have what is called duty counsel. Which is a free lawyer stationed at the courthouse. That will be able to help people with court matters. If they do not have their own lawyer.
In order to access duty counsel, divorce lawyer Edmonton recommends. Getting to the courthouse extremely early. As there are often lineups. To talk to duty counsel, even before court is in session.
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As well, when people appear before provincial or Court of Queen’s bench. They are most likely going to receive. A request for financial documents. This is by the court, and is legally mandatory.
When there is child support, spousal support. Or if there is a division of marital property. Both spouses must exchange financial information. So that the courts can make the best decision.
About how much money one spouse, or parent. Will pay to the other one. If one person, or both fails to provide financial documentation. The judge can make any decision they feel is adequate.
They can use whatever means they have at their disposal. In order to try to figure out. How much money one parent or spouse is making. Such as looking at other people in the same career field.
And even asking the other spouse. Approximately how much money their spouse was making. Typically, people overestimate. How much money there ex is making. And people who fail to disclose.
Typically and up paying more money. Then they would have had to. If they had disclose their financial information. In the first place, when it was initially requested. When people have to disclose their finances.
Most often, it will include their notice of assessment. Not just from the current year. But from the previous one or two years as well. But also, the courts can request things like bank statements.
Loan statements, credit card statements. And any other information they feel is pertinent. To make the final decision. About child support, or spousal support. Even marital property.