Divorce Lawyer Edmonton | Filing For Court Yourself
There are many reasons why people would want to file for court on their own says divorce lawyer Edmonton. And it is something that can be done quite easily. Especially when people get the right advice.
The first thing that they should keep in mind. Is that it may not matter. Whether they are filing under provincial courts. Or, if they are filing federally. In a court that is called court of Queen’s bench.
The only time that it actually matters. Is if people are legally married. And they are separating. Or they are going through the process. Of getting a divorce. In this scenario, they must file.
Through the federal court system. The Court of Queen’s bench. Simply because the divorce act. Is a federal act. That the provincial government has absolutely no power over.
However, if people have already gone divorce. And they are making applications in the court. Dealing with things like child support matters, parenting matters. Or their spousal support.
They can apply through which ever court. Makes the most sense for them. When it comes to filing the application according to divorce lawyer Edmonton. The federal court will have a cost associated with it.
Although if people have. A legal aid certificate. They will be able to have that fee waived, when they file. At the courthouse at the court of Queen’s bench counter. However getting their.
Means getting all of their paperwork correct. The first step to doing this. Is filling out the right form. That will specify what they are looking for. Whether they are dealing with child support, spousal support.
Or parenting matters. This form often specifies. Everything else that they need to bring. And what they can do with it. Divorce lawyer Edmonton says people can find this form. On the provincial website.
Once they have filled out this form. They will need to create what they call an affidavit. Which is their case, and will be the basis for their claim. And must be written in their own words.
It is essentially what a person would say. If they were standing before the judge in that moment. It also must be all factually true information. And they must swear on it at the courthouse.
Once they submitted, it will be entered into the court records. And is considered basis for their claim. After they have created the affidavit. They must put together. All of their supporting documents.
The supporting documents can be things like bank statements. It can be bills and invoices from school. Or extracurricular activities. If there are children from the relationship.
What needs to company this. Is the parenting after separation course certificates. Which is the proof that they have taken this course. As it is mandatory, before any filings at the courthouse can be made.
If people have any questions about filling out the paperwork. Or about what to do when they get the courthouse. They can contact eLaw alliance in Edmonton. And get a one hour consultation to help.
Divorce Lawyer Edmonton | Filing For Court On Your Own
There are many things to keep in mind when people are filing for divorce or separation according to divorce lawyer Edmonton. However, not everybody can retain a lawyer as it is expensive.
Whether people are applying for their case to be heard. In a provincial court. Or in a federal court, such as the court of Queen’s bench. If they are representing themselves. There is help available both ways.
Both systems offer assistance called duty counsel. Duty counsel refers to a lawyer, who is station. Outside each of the court rooms. And will be available to offer legal advice. Help people fill out legal forms.
And for some people, they have received help. Of duty counsel helping them prepare their address. To the judge, and planning what they have to say. It is also happened in the past. On slower days.
That duty counsel has even represented someone. In the court room itself. When it comes to that person’s hearing. Before a judge. Duty counsel is actually available federally and provincially.
Therefore, people who were unable. To hire a divorce lawyer Edmonton. Will still be able. To get the help they need. However, because there is a great need for this help. People should arrive early.
And be willing to stand in line for a long time. In order to get time in. With the duty counsel lawyer. It is good advice regardless. Have people show up early. And be prepared for their case anyway.
Once they have gone to court. And they have received their ruling. Ruling that they have, is final says divorce lawyer Edmonton. However, if their circumstances change. They can reapply through the courts.
For example, if they were paying a certain amount. Of child support but now they lost their job. Or now, they have a job. That is paying significantly less. They can make another application. In the court system.
To reduce their payments. Again, it does not matter if they go through the provincial court. Or they court of Queen’s bench. They will be able to make the application. To reduce their payments.
The only thing to keep in mind at this point. Is if people are going to apply. Through the court of Queen’s bench. It will cost them a filing fee. Unless they have a legal aid certificate. If people have this.
Then the legal aid certificate will allow them. To not have to pay that fee. Once they file their new application. They will have to give the package. To the other person in the relationship.
If it does not have anything to do with specifically divorce. They can give it directly to the other party. However if it does deal with divorce. People will have to get a third party to deliver it.
Regardless of who delivers the package. They must keep proof that it was delivered. And be available to swear in a court of law that it was delivered properly.