Divorce Lawyer Edmonton | Filing Papers To Go To Court
If people want to save money by not hiring a divorce lawyer Edmonton. They can simply file paperwork. To end their relationship. Whether it is a marriage, or common-law. And ask a judge.
To make decisions, regarding child support matters. Parenting matters, and spousal support. They can even have a division of their marital property. Decided upon this way.
However, if people are going to do this. To end a marriage. Or divide marital property. They must file their paperwork. And the federal court. Also known as the Court of Queen’s bench.
This is because marriage is legislated federally. By the divorce act. As marriage is a specific legal entity. And undoing it, means taking specific steps. To untangle to lives. That have become entwined, both financially.
As well as property wise. Especially as marriage allows. A woman to have what is known as dowry rights. Which is the ability to claim have. Of all of the property from the marriage union.
Untangling all of this has specific laws and legislation. Which is why it must be dealt with. At a federal level. However, for all other matters. Even including child support and parental access.
People can either go to the federal court system. Or ask a provincial judge to make the decision. Regardless of which court they decide upon. The process of getting to court.
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As well as what will happen in the courtroom itself. Will be exactly the same. With only a few minor procedural differences. They will have to fill out paperwork in triplicate.
That includes the form, asking. What they would like the judge to decide on. Their sworn affidavit. Which is essentially a story, in their own words. Telling the judge what they would like the decision to be and why.
And any and all supporting documents. They will keep one copy. As well as file one copy with the courts. And have their ex spouse. Or ex-partner served with the third paperwork set.
People can serve their ex partner themselves. But if it is a legal divorce. They must have the other person served by a third party. Who will then swear in a document. That they delivered it.
They will get a court date upon filing. And when it comes to the court date. The proceedings will happen the same way. People will be in a courtroom says divorce lawyer Edmonton. Where there is a judge presiding over the events.
When it is their turn, the judge will read the package. And ask both parties to speak. If they have any evidence, they can bring it forth at this time. And when everyone has had a chance to speak.
The judge will render a decision. Whether people have agreed in advance. Or they are not in agreement. The judges decision is final. And absolute, so even if people. Would rather not adhere to that decision.
They will be bound legally to it. This is why divorce lawyer Edmonton suggests. That people only file in court. If they are in agreement. To the decision that is being made. Otherwise, they may have a decision neither wants.
Divorce Lawyer Edmonton | The Steps Of Filing Papers To Go To Court
Going to court is not always as dramatic as movies make it seem says divorce lawyer Edmonton. And especially if ending the relationship. Is amicable, and people agree. On the terms of their divorce.
Or the terms of their separation. If they are living common-law. They can save a lot of money. By not hiring a lawyer. And filing their request in the courts. Filing the paperwork is relatively easy.
And whether people are filing in the court of Queen’s bench. Because it is a legal marriage. Or if they are filing provincially, the paperwork is the same. They must fill out a form.
Specifying what they are asking the judge for. Such as to grant their divorce. To make a ruling on child support matters. Registering their parental access agreement. And even going to court.
In order to have spousal support documented. Even if both people are in agreement. Child support is mandatory. And will be based on parental access. Which is why it must be decided upon.
In a court of law. Regardless of if it is federal or provincial, according to divorce lawyer Edmonton. After filling out the form, the next step. For the person who is going to be the one. Filing paperwork.
They must write out an affidavit. While it sounds complex. Divorce lawyer Edmonton says it is simply a sworn document. Written in a person’s own words. About what decision they would like the judge to make.
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It must be factual. And it will accompany the claim, or the summary. That is filed the courts. As well, they will have to file. Supporting documents, and if there are children. One required document.
Is the parenting after separation course certificates. Proving that the parent has taken this course. In fact, before any parent. Can file anything in a court. They must take the parenting after separation course.
Which is available for free, online. And courts will refuse filing if it is not included. As well, after the filing. If there are children from the union. Or if someone is requesting a spousal support.
The courts will make a request for financial documents. Which must be supplied by law. Each person in the couple. Must supply the information. The courts. But also to their ex partner.
That may include, but are not limited to. Their notice of assessment for the previous year. Or previous years as the courts request. They may be asked to bring their bank statements.
As well as credit card statements, bills. And even proof of rent or mortgage. This way, the courts will be able to render. Financial decisions quite easily. However if one person. Refuses to bring this information.
The judge will be able. To make any decision they desire. Whether or not they have brought their financial information. While divorcing, or ending a relationship. Is often a stressful time. Filing in court does not need to be.