Divorce Lawyer Edmonton | Filing Court Papers
If a couple who is ending their relationship agrees, they do not need to hire a divorce lawyer Edmonton. In order to file their court papers. Often, they will be able to fill out the paperwork.
And then appear in court, to have a judge. Put their agreement into action. However, it may be overwhelming. Or intimidating for people. To file their own court paperwork.
However, if they contact eLaw alliance in Edmonton. They will be able to sit down with a lawyer. For a one hour, free consultation. And find out how they can file their paperwork. On their own.
Essentially, the lawyer will need to know. If they are common-law or married. Because the process is slightly different. Marriage is a legal entity. That entangles the couples lives, and finances.
Such as a wives dowry rights. That entitles them to half of everything. That was created in the marriage. Because it is a legal entity. And undoing it takes specific legislation. This is governed by the divorce act.
Which is federal legislation. And therefore, must be decided upon. In a federal court room. Also known as a Court of Queen’s bench. Some people believe that the Court of Queen’s bench.
Has a higher authority than provincial courts. And while the court of Queen’s bench is where court cases go. In a civil, or criminal case. When people are looking to have a decision overturned.
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However, in family law cases. They have equal power. And in fact, operate in much the same way. In cases of a marriage. Where people are looking to dissolve the marriage through divorce.
Or have a division of the marital property. The application must be through the court of Queen’s bench. But all other decisions. Even if it is a marriage that is looking for a divorce. Such as child support matters.
As well as spousal support matters, and parenting matters. Can go through either the provincial. Or the federal court according to divorce lawyer Edmonton. They will be in the courthouse, but different counters.
And the requirements to file will be the same for each. The requirements include filling out the form. That specifies exactly what they are asking the court for. Such as a divorce for example.
Asking for ruling on child support. Or when it comes to parental matters, a division of property. Or spousal support as well. Once they have filled out the paperwork they need an affidavit.
Which is basically, a sworn document. Written in their own words. About why they want this decision made. After that, they must attach supporting documents. And any proof that they have.
And then, they can file this. In triplicate at the courthouse. Under whichever court system. They want, or need. They will then, have a court date. And will receive a request to disclose their financial documents.
That both parties must disclose. Not just to each other but to the courts. And as long as they are in agreement, divorce lawyer Edmonton says. The judge will rule in favour of the agreement. And people can get on with their lives.
Divorce Lawyer Edmonton | Learn How You Can File Court Papers
Many people do not want to have to pay for a divorce lawyer Edmonton. If they are ready to file for divorce. Or, when their relationship is ending. And it is common-law. Whether there are children or not.
People will be able to file their own paperwork. Either at the provincial court. Or the federal court, known as the Court of Queen’s bench. They will be able to make a decision. Of what court to file under.
Unless it is specifically dealing with divorce. Or a division of marital property. While most people will typically make the decision says divorce lawyer Edmonton. To file under the provincial system.
This is because the federal courts. Have a filing fee. And if people are filing on their own. Because they cannot afford their own divorce lawyer Edmonton. They may also want to avoid the fee as well.
However, if they have a legal aid certificates. The courts will waive filing the federal fee. Because they have proven, that they do not have. The funds to afford it. However, there are some very specific reasons.
Why people would want to specifically file. At the court of Queen’s bench. If there ex spouse, or ex-partner. Lives in another province. It may be in their best interest. To file in the federal court.
Because their jurisdiction would be far-reaching. And able to govern the entire country. No matter what province. The ex-spouse, or ex-partner is living in. It can reduce some of the red tape that they have to go through.
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As well, if the ex-spouse. Is living in another country. It is often in their best interest. To file under the course of Queen’s bench. Simply because Canada is what is referred to. As a reciprocating jurisdiction.
This means court decisions. That are made in Canada. Can be legally enforced. In the other countries. That Canada is a reciprocating jurisdiction with. There are several dozen countries throughout the entire world.
Including the United States, South America and Africa. As well as Europe, and parts of Asia. Therefore, there are few places. That a person can go. Where their child support or spousal support. Cannot find them.
Once they have filled out the correct paperwork. And filed it with the court system. They will have to then send a copy. To their ex spouse or ex-partner. If it has details about a divorce or division of marital property.
They will have to find someone else. Who will serve them with this paperwork. And then swear in a court of law. That they delivered it properly. However, if it has nothing to do with marriage directly.
Then people can deliver it to their spouse themselves. As long as they can provide proof. That it was actually received. Once they file their own paperwork, they can ask divorce lawyer Edmonton on tips.
On what they should do, once they appear. In a court room, with a judge, and there ex spouse.