Divorce Lawyer Edmonton | Filing Court Papers Yourself
Divorcing, or splitting from a partner can be stressful enough without having to hire divorce lawyer Edmonton. While lawyers can be very helpful. In providing assistance through the court system.
As well as understanding what paperwork needs to be filed. Under which court system. In order to start either the divorce process. Or, ending a common-law relationship. If there are children involved.
Then that also needs to be dealt with. Such as deciding parental issues. Like access, as well as child support. When it comes to ending an actual marriage. Where people file makes a difference.
Because marriage is actually a legal entity. That entangles not only the lives. But the finances, and property. Of the people who are married. And undoing that takes special legislation.
The legislation in Canada. That legally divorces couples is called the divorce act. Because it is federal legislation. It can only be decided on by. A federal judge in a court of Queen’s bench.
While many people assume, that the Court of Queen’s bench. Has a higher authority. Then a provincial court and judge. This is only true in civil or criminal trials. And only when people want to overturn a certain decision.
Therefore, it makes very little difference. In the long run, if people decide to apply. Through the federal system. And the court of Queen’s bench. Or if they are going to apply provincially.
Often, people decide on whichever system. Has a smaller wait list. While others, decide to avoid the federal court system. Because there is a filing fee. And they are filing paperwork without a divorce lawyer Edmonton.
Because they want to save themselves some money. When it comes to filing paperwork. Any people sit down with divorce lawyer Edmonton for an initial consultation. To find out exactly what paperwork they should be filing.
First of all, they need to fill out a form. Specifying what they are asking. The judge to rule on. It is going to go smoother, if both parties agree. On what they are asking the judge to rule on.
Such as they want to divorce. They both agree on child support matters. As well as parenting matters, spousal support. And even division of marital property. If they both agree, the judge typically will rule.
In favour of what is written in the form. Which is why it is very important. However, if the people do not agree. Then it can become a bit more difficult. And requires more information. This is where the affidavit comes in.
At the time of filing. The person will need to fill out an affidavit. Which is a sworn document. Telling the story, of why they are wanting. The judge to rule in their favour. They will also need to provide evidence.
And supporting documents that may include the parenting after separation certificate. If they have children. And financial documents as well. They will then appear before the judge and plead their case.
Divorce Lawyer Edmonton | Filing Court Papers Yourself Is Possible
Nobody gets into marriage thinking that there going to need a divorce lawyer Edmonton. However needing a lawyer is not always necessary. Even if they do and their relationship. Or get a divorce.
Essentially, people higher a divorce lawyer Edmonton. Because they do not know how to navigate the court system. However, it is not as complex. As many people think it will be.
They need to make a claim with either a federal court. Or with a provincial court, asking for a ruling. This claim, can be created by filling out a form. Found on the federal government. Or provincial governments website.
After they fill out the form, they need to create an affidavit. Which is essentially, their side of the story. Which is factual, and written in their own words. After that, they will include any evidence.
Such as their bills, bank statements. Credit card statements, even their parenting after separation course certificates. If they have children from the relationship. As it is a requirement for parents to file with the courts.
Once they file their paperwork. Either through the provincial court. Or the federal court. And they have served their ex partner. With the paperwork. Either themselves, or by hiring an notary public.
Both parties will typically get a request for financial documents. Which is a request by the courts. And is mandatory by law to provide. Not just to the courts. But to each other, their financial situation.
This will allow the judge to make a good decision. About who has to pay child support. How much child support must be paid. If spousal support needs to be paid and how much. And even division of property.
If one person thinks that they are going to get out of. Paying child support, spousal support. Or not have to divide their marital property. Failing to disclose these documents. They are sorely mistaken.
Divorce lawyer Edmonton says the judge will be able. To make a decision. On how much the person who did not disclose their finances. Will have to pay, based on. Any information the judge wishes.
For example, they may research that person’s career. And assume that they make an average amount. Or, they may ask the ex-spouse. How much money they make, and take that figure.
One thing is for certain however. Typically, when people fail to disclose their finances. To the court system, they end up. Being assessed at a much higher amount. Then they would be assessed if they disclosed their finances to begin with.
The financial information that they must disclose can include. But is not necessarily limited. Things like their tax notice of assessments. From the previous year. Or the previous several years.
They may be asked to bring bank statements, loan statements. And credit card statements, just to name a few things. By disclosing their finances. The courts will be able to make the best decision.
For many people, knowing this information. And help them feel confident. In filing paperwork themselves. Or, it may convince them. That hiring a lawyer is the best decision they could make in this circumstance.