Divorce Lawyer Edmonton | Do You Need A Lawyer To Go To Court
Hiring a divorce lawyer Edmonton is very expensive. And often, unnecessary. Especially if people have agreed upon the terms. Of their divorce. Or the terms of their separation if they are common-law.
Quite easy to advise a person. Especially if there is no fighting. On how to file the paperwork. In order to end their relationship. Even when there are children involved. One question that many people have.
Is wondering if they should file. Through the provincial court system. Or they should file federally. And what is known as the Court of Queen’s bench. Essentially, both court systems are quite able.
To handle family law matters. And in fact, overlap in several areas. Including spousal support, child support. And parenting matters like access. However, the only thing that cannot be done by both.
Is handle divorce matters specifically. Marriage is a specific legal entity. Unto itself, and undoing requires special laws. This is outlined in the federal document, the divorce act. And must be handled by a federal court.
Therefore, anything specifying divorce. Or divorce proceedings must be filed at the Court of Queen’s bench. However, divorce lawyer Edmonton says it once the divorce is finalized. People can make additional filings.
Dealing with child support, spousal support. And parental matters in either Court of their choosing. Some people may have specific reasons. For wanting to file in a federal court.
Such as their spouse living out of province. Or even out of country. Divorce lawyer Edmonton says that Canada is considered. A reciprocating jurisdiction with dozens of other countries.
Which means in the countries that they have reciprocating jurisdictions. They will uphold that countries legal proceedings. And that country will uphold legal decisions made. In Canada as well.
Which means if a person. Is dealing with child support matters. And their ex-spouse is living abroad. Such as in Germany, the United States, or Norway for example. By applying through the Court of Queen’s bench.
They will be able to get there decisions upheld in those countries. However, many people may decide. To apply provincially. If their spouse continues to live in the same province.
Especially because filing in the federal system. At the Court of Queen’s bench. Is going to cost them an additional fee. The only time that this fee is waived. Is if they have a legal aid certificate.
Then when they make the filing at the courthouse. They fee will not apply. The next thing that they need to know. Is exactly what to do. In order to file correctly. And there are certain things that they need to have.
By sitting down with a divorce lawyer. For example, the ones at eLaw alliance. People can find out exactly what those requirements are. And be able to make those filings on their own.
When they appear in court. There will be help that they can access. In order to get advice. Before they appear in front of the judge. Called duty counsel. Especially if they could not afford a lawyer.
Divorce Lawyer Edmonton | Do People Need A Lawyer To Go To Court
Often, when people are separating or divorcing, they simply hire a divorce lawyer Edmonton. However, for many people. That is out of their price range. Even if they go through legal aid.
Most lawyers ask for a retainer. Of several thousand dollars. Coming up with that money upfront. Is a problem for a lot of people. Therefore, they want to know. If they can file without a lawyer.
And they are happy to find out. That they do not need a lawyer at all. In order to file. At the courthouse, whether they want to get divorced. If they are ending their relationship. With their common-law spouse.
And especially if there are children involved. Then they do not need a divorce lawyer Edmonton present. However, they may need to meet with one. In order to find out exactly what they need.
In order to file correctly. The first thing that they will hear. If it is a divorce specifically. That never they file must be done. Through the court of Queen’s bench, the federal system. This does not mean it is more serious.
It simply means that divorce is governed. By a series of legislations called the divorce act. Which is a federal act, and therefore is governed. By the federal court system.
When it comes to the federal and provincial court system. They operate entirely the same. With some procedural differences. They will take place in a court room. In front of a judge who is presiding over the event.
They will be able to speak to the judge directly. Pleading their case and providing evidence. As will there ex spouse or partner. Who will be able to do the same, and provide evidence.
If there are any divorce lawyer Edmonton present. They will be able to speak on behalf of their client. And when everyone has said their piece. The judge will make their decision. Even if neither party likes that decision.
That decision is final. And therefore ultimately legally binding. This is why most lawyers will try. To get their clients to agree ahead of time. And if both parties agree to what is in the paperwork. That is the best case scenario.
Because while the judge. Is therefore going to make the best decision. That they think works particularly well for all parties. Especially including any children that are involved. What a stranger does not know about a family.
Will ensure that they. Will indeed never be able. To make the best decision. That both parents could. While some parents when their relationship clearly deteriorates. Are unable to cooperate.
Doing their best to communicate, and agreeing. Can help avoid a scenario. Where they are legally bound to a decision. That does not work for either party. After this decision is made. If people want to change anything.
Such as their job has changed for example. And therefore they can no longer afford. To pay the child support as well. Or if the children are going to be living. In a different configuration. They can apply through the court system once again. To have their matter heard by a judge. In order to get it changed.