Divorce Lawyer Edmonton | Federal Legislation
Many people may not realize says divorce lawyer Edmonton. That divorce, and in fact marriage is a federal matter. Marriage can only be granted by Canada’s highest court authority. Also known as the Court of Queen’s bench.
And therefore, marriage can only be undone. I the same authority, and while most other family law matters. Such as spousal support, child support and parenting matters. Can be dealt with either by provincial or federal courts.
Marriage, and the division of marital property specifically. Need to be dealt with by federal legislation, at the court of Queen’s bench level. However, this does not mean that people need to go to a special courthouse.
Whatever municipality they are in, there will be either a separate floor for Court of Queen’s bench procedures. Or, simply another room. If they are in a very small courthouse, in a small city or town for example.
However, before people can even file for a divorce application says divorce lawyer Edmonton. If they have children, a need to complete. A course, known as the parenting after separation course.
This is mandatory, and requirement. Before people can even file a divorce petition at the courthouse. Both parents must complete this course. That is available for free, and can be taken online.
It was once only available by court mandate. And people had to show up in person, at the courthouse. In order to complete this requirement. But now, it is more widely available. And therefore, a requirement to file for divorce.
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It is also a great source of information. For parents can learn great information. And skills that they will use. To parents their child after they become divorce. However, it also is a great source of information.
On their rights as parents. But also their obligations to their children. Divorce lawyer Edmonton says many people do not realize. That children have the most rights. When it comes to divorce proceedings.
And that right is to have both parents financially support them. And be as involved as they can be in their life. Child support is in fact the mechanism says divorce lawyer Edmonton. That courts used to ensure.
That both parents are financially contributing. To the upbringing of their children. That is why parents that have access to the child more often. Such as the child lives with them more days in a month.
They will be the ones receiving the child support. It is offsetting the cost of paying for. Their food, clothing and shelter. If they have equal access, child support is still required.
It is simply calculated differently. The parent who makes more income. Will be the one paying child support. And they will pay a percentage of the difference between both parents income.
Income is considered to be what is on line 150. Of the parents notice of assessment, on their last filed income tax. If parents are self-employed. They should contact their accountant.
In order to figure out how much money they should claim as their income. While divorce is not looked forward to. It can help both parents at what they need. To move on with their life.
Divorce Lawyer Edmonton | Federal Legislation To Know
Many people opt to not hire a divorce lawyer Edmonton. And take care of the divorce proceedings themselves. While many people hire a lawyer, because it can be confusing. As well as time-consuming to go through the court system.
If people know what they need to do. It does not have to be complex procedure. And it can help them take a lot of control back. The first thing that they need to do, is file an application with the courthouse.
If they are legally married, and there are children from the relationship. They will need to first take the parenting after separation course. Before they can file. The application forms are available for free online.
Or people can simply go to the courthouse, and request the correct form to fill out. Once they fill it out, it needs to be accompanied by what is called an affidavit. An affidavit simply put says divorce lawyer Edmonton. Is a sworn statement of facts.
This is essentially where a person is writing, in their own words. Supported only by true facts. What they hope to accomplish with the filing. If they simply want a divorce. And there are no children involved, and they do not want spousal support.
They simply need to say that in the affidavit. They want a divorce, with no spousal support. As well, if there is marital property to be split up. That should be included in the information.
Once they have completed their form. And there affidavit, they will go to the courthouse. Where they will get three copies of this form. One to be filed the courthouse. One to be kept by the person filing.
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And one to be served to their soon-to-be ex spouse. A person can serve their own ex-spouse says divorce lawyer Edmonton. However it can also be sent by registered mail. They can give it to someone who knows the person mutually.
Or they can pay a person called a notary public. To serve someone on their behalf. The only thing that they need to ensure says divorce lawyer Edmonton. Is that whoever serves them, must swear in a court of law that they served the correct person.
Next, they will have a court date. That both people must appear in. The person who is getting served the divorce papers. Must have a minimum of two weeks of notice. Before the court date, otherwise they can claim they were not served properly.
When they go to court, it will be the court of Queen’s bench. And this is going to simply be a time. For the judge to triage this situation. They will either agree that this is something that should be dealt with by the court. And it will progress to the next stage.
Or, they will say that it is not going to be granted by the court. And the application will be denied. If people want help with this sometimes complex or confusing issue of getting a divorce. eLaw alliance is ready, willing and able to help anyone who asks.