Divorce Lawyer Edmonton | Federal Versus Provincial Court
Some people may think it is a big deal says divorce lawyer Edmonton. To have their marital issue, or common-law problem. He heard in a federal court of law. Instead of a provincial one.
However, there are not that many differences. And most of the differences are simply procedural in nature. The nature of the proceedings will be the same. People will appear in a courtroom.
The events will be presided over by one judge. Who will listen to both sides. And will be able to make a decision. On what is being asked. Typically, one person will make an application in the court.
To decide on something like a child support matter. A parenting matter, or a spousal support matter. And once both sides have been heard. As well as evidence being given on both sides.
The judge will then make a decision. On what is going to happen. Typically, matters will come before a court. If people cannot reach an agreement on their own. Or when they needs to have matters decided upon.
Such as who pays child support. And how much child support they are going to have to pay to the other party. Once the judge makes their decision, divorce lawyer Edmonton says. The decision is final.
As well, both the provincial court. And Court of Queen’s bench offer what is called. Duty counsel, which is a free lawyer available at the courthouse. That can help people who are representing themselves.
And they do not currently have their own lawyer. The free lawyer is stationed outside either courtroom. And people can queue up, in order to talk. To this free lawyer, about their matter.
They might offer suggestions about what to put. In their application. What they should say the judge. In order to get them to be more likely. To rule in their favour. Or help them fill out forms for example.
They also may offer help on how to write an affidavit. Which is the sworn document. In the person’s own words, about what they are asking for. It is essentially, the story that a person would tell a judge.
If they were standing in front of them at the moment. The affidavit will be entered into court records. And is considered to be the basis for their claim. As well, when the matter goes to court.
Whether it is federal or provincial court. People are going to have to disclose. Their financial documents, in what is called a request for financial documents. Or, a claim for information.
Whether it is to make a decision on child support. Spousal support, or a division of marital property. Supplying this information. Not just to the courts. But to the other person is mandatory.
This is so that the court will be able to make a decision. About what is a fair amount of money. That one person must pay to the other. Or, the best way to divide marital assets says divorce lawyer Edmonton.
Divorce Lawyer Edmonton | Federal Court Versus Provincial Court
While there are not many differences says divorce lawyer Edmonton. Between federal, also known as Court of Queen’s bench. And provincial court, when it comes to the matter of a legal divorce.
This matter must be heard by the Court of Queen’s bench. Because the divorce act, is a federal matter. There are many legal circumstances. In a marriage, that does not apply. Two common-law relationships.
And while both courts will be able to deal with things like child support. Parenting matters, and spousal support. Only federal courts can deal with the actual divorce. And division of marital property.
Therefore, anyone who is getting a divorce. Or dealing with circumstances. Arising from their divorce, their divorce lawyer. Will be representing them in a court of Queen’s bench.
However, for any other reasons. Such as a common-law a relationship breakdown. Including division of property from a common-law relationship. Child support, spousal support. And even parenting matters.
Such as access will all be dealt with. In whatever court a person makes their application in. There might be specific reasons. That a person makes the application provincially or federally.
For example, there ex partner is living. In another province, or in another country. And while both courts can deal with anything from a common-law a relationship. Or many things from a divorce.
When people make the application in a court of Queen’s bench. In order to have their matter heard federally. There will be a filing fee. Associated with the federal application.
However, despite which one people decide to file. They still must go to the courthouse. There is simply going to be a different counter. That people will go to for provincial matters. Versus federal matters.
And no matter which courts. People are going to make their application through. Divorce lawyer Edmonton says the information they must file with. Will be the same, regardless of what court system.
They must fill out a form, that specifies. Exactly why they are making an application. Through the courts in order to have a judge decide. And then, they must have their affidavit.
Which is a story, in their own words. That must be factual. And they must swear to, that is in their own words. Why they are making the application. Once they have the form and the affidavit.
People must have all supporting documents. Including proof, financial information. And the parenting after separation certificates. Which is actually mandatory. For all parents to have.
Before they are even eligible to make an application. Either federally or provincially to the courts. Once they have this package in its entirety. They will be able to apply for a court date through the courthouse.
Not only will they get a date. They will also get their papers stamped. The courts will keep one copy. And the person making the filing will have a copy. And the third copy, needs to go to the other party.
If people have any questions about making an application. Or how to get to that point. They can always set up a free consultation with divorce lawyer Edmonton. At eLaw alliance, in Edmonton.