Divorce Lawyer Edmonton | Frequently Asked Questions About Divorce
One of the most common questions people have for their divorce lawyer Edmonton. Is if they need to hire a lawyer. In order to file for divorce. They may have a very amicable divorce ready.
Where people have no property or children. And simply want to dissolve their marriage. However, even if there are children. And matters like child support, spousal support. And parental access need to be decided upon.
People still do not need to hire a divorce lawyer Edmonton. In order to divorce your partner. And get on with the rest of their life. While it is easiest, when both people are in agreement.
Sometimes the reason why people. Are looking to avoid hiring a lawyer. Is because they cannot afford one. It is still possible to get divorced. And not hire a divorce lawyer Edmonton.
The next question people will have, is how to start the process. All they have to do is go to the court of Queen’s bench website. And fill out a form, also called their application, or summary.
This form outlines what they are asking. The judge to make a ruling on. Such as grant the divorce. Or in addition to granting the divorce. To decide on things like child support, parental access. And even spousal support.
They should include everything that they would like the judge to decide upon. In this form. And then right up an affidavit. Many people have heard the term affidavit without knowing what it is.
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It essentially, is a part of their application. And is a sworn statement. That is written in the applicant’s own words. Of what they are asking the judge to rule on. It must contain factual information.
And the applicant must swear upon it in the courthouse. Before it will be received. And then entered into court records. Once they have completed the affidavit. They can include.
Various supporting documents. Such as the parenting after separation course certificates. Which is actually mandatory to include. For parents who are asking for divorce. They will bring this application.
To the courthouse in triplicates. Where the court will give them a court date. And sign and stamp. All three copies of the application. They will keep one copy. While the applicant will take the others with them.
They can keep one copy. And then, they must serve their spouse. With the other copy. And in the matters of divorce. Many people ask, if they can serve their partner themselves.
And unfortunately, the answer is no. They must hire someone. Or ask family or friend to serve them. And then, they must provide proof. That they have served them properly. Usually, in a sworn document.
After all parties are served. Which must happen in a specific timeline. Giving people within the country. At least twenty days notice. To the court date that is written. On the paperwork.
While people who are out of the country. Must have twenty days notice of the court date. When they are filed. If people have problems, they can always contact the Law alliance. To find out, but they should do next.
Divorce Lawyer Edmonton | Questions Frequently Asked About Divorce
While many people are divorcing amicably, agrees divorce lawyer Edmonton. They do not necessarily want. To incur the costs. Associated with hiring a lawyer. Especially since most lawyers require retainer fees.
That can run several thousand dollars. Many people may not have that money laying around. Which means they still want to get divorced. However, they do not want to pay the fee.
It is definitely possible. For people to get divorced. By filing an application themselves. At the courthouse, at the court of Queen’s bench counter. Which is the federal branch.
And it is necessary, for people who are divorcing. To apply federally, because it is. A specific legal entity. Once they have filled out their paperwork. They will have a court date that they are waiting on.
And most times, the courts will actually send out. A registered letter, requesting certain financial documents. This is routine, and nobody needs to panic says divorce lawyer Edmonton.
Essentially, this is going to help the courts. Figure out easily. Who should pay child support, how much child support should get paid. And if spousal support is going to be granted. And if so, how much.
It is actually required by law. That when people receive this request for financial documents. That not only did they supply it to the courts. But they also give it to their ex significant other.
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It can include things like the notice of assessments on their last tax year. Or several tax years. It might include loan statements, credit card statements. Or even their bank statements.
If a person decides to not disclose this. It is not that they will get out of. Paying child support or spousal support says Vorse lawyer Edmonton. It will simply mean that the judge has to figure out.
How much money they are going to have to pay. Based on no evidence of their income or debt load. They may ask the ex-spouse, how much money. They think their ex partner is making.
Or, the judge may simply look at their career. And make an estimate. About how much money they are likely making. Or, the judge is also free. To make a completely arbitrary number up.
In almost all circumstances says divorce lawyer Edmonton. The amount of money that the judge asks. The person who does not disclose their finances should pay. Will be more than they would have had to, had they disclosed.
The next step, is that people will appear. For the judge. If they did not hire a divorce lawyer Edmonton. They will be able to access duty counsel. Which is a free lawyer, stationed outside the courthouse.
They must line up early in the day. In order to receive this legal assistance. Whether it is advice, help with filling out a form. Or, a request to represent them in the courtroom. This can offer real help. For people looking for a divorce. Who cannot hire a lawyer.