Divorce Lawyer Edmonton | Going To Provincial Court
Many people can skip hiring a divorce lawyer Edmonton. If they are in agreement with their ex partner. Regarding the terms of their relationship ending. With or without children in the picture.
They might have decisions. That need to be registered officially. Dealing with child support matters, parental access. And even spousal support. They can file all of this paperwork without a divorce lawyer Edmonton.
In a provincial court of law. Unlike the federal court, known as the Court of Queen’s bench. That requires a fee to file any matter. Filing provincially is free. This may be one of the reasons.
Why people decide to file provincially. Because they have an option. To choose the court of Queen’s bench. Or not, and if people are not hiring a lawyer. In order to save money.
They may want to continue to save money this way. However, if their relationship is a legal marriage. And they are asking a judge to rule on divorce. Or, if they want to rule on a division of marital property.
They actually will have no option. Marriage must be undone. Or matters stemming from the marriage. Must be decided upon. By a federal court. Because the legislation, called the divorce act. Is federally controlled and governed.
However, any other decisions. Can be handled by either court. Since there is significant overlap. Therefore, if it is a common-law relationship. Or if the divorce has already been granted.
The people still need matters dealt with. Pertaining to child support, parental access matters. Or spousal support, they can file. And either court as the wish. Some people may think the federal court has more weight.
And while the federal court. As have more weight. And more power when it comes to civil matters. And criminal trials. For example, the court of Queen’s bench is where people go. If they want to appeal, or overturn a conviction.
When it comes to family law matters. Both courts have equal power. And a federal court. Is not able to overturn a family law matter. Decided upon in a provincial court. Therefore, there is no big difference between the two.
In fact, filing paperwork. And the procedure itself will be very much the same. Between provincial court. And a court of Queen’s bench, with some procedural differences. It will be very much the same.
With the proceedings happening in a courtroom. A judge will preside over the events. When it is someone’s turn to have their matter. Heard by the judge, they will come to the bench.
They will be able to speak on their behalf. Or if they have since hired a divorce lawyer Edmonton. The lawyer may speak on their behalf. They may be asked to provide evidence or documents.
And then, the judge will be able to render their decision. Which will be absolute, and final. This is why people need to ensure that they either are in complete agreement. With what the filing is going to be. Or else they will be disappointed in the outcome.
Divorce Lawyer Edmonton | Preparing To Go To Provincial Court
Going to court is an inevitability says divorce lawyer Edmonton. If people are ending their marriage. Or if they are in a common-law a relationship. That is ending, and children are involved.
While some people will simply hire a divorce lawyer Edmonton. To handle not only the paperwork. But going to court and speaking to a judge on their behalf. However, many people cannot afford a lawyer.
Nor can they afford the exorbitant retainer fees. That are often requested by law firms. Which may be several thousand dollars. Which is why they decide to file themselves. Instead of hiring a lawyer in the first place.
This is very common, whether people want to save money. Or they simply do not have the money to spend. They can fill out their own paperwork. And bring it to the courthouse to file properly.
Whether they are filing provincially. Or if they are going to file the matter with the court of Queen’s bench. The process is identical. Starting with filling out what is called their claim, or summary.
Which is essentially a form. That they can find on the provincial court. Or federal court website. Specifying exactly what they are asking the judge. To make a decision on. They should fill this out in triplicate.
And then write up what they call an affidavit. An affidavit is a sworn document. Written in the persons own words. What they are asking the judge to decide upon. They must swear upon it in the courthouse.
And it will then be entered into the courts records. And be considered, when the judge is making their decision. They must supply all important supporting documents. For example, if there are children.
Before a parent can make any filing. In the court system, they must have completed. The parenting after separation course. Which is available for free online. Therefore, there supporting documents must include.
The parenting after separation course certificates. Once they have filed with the courts. And served their ex spouse, or ex-partner. The courts will also submit. A request for financial documents.
This will typically be sent in the mail. Or sent by registered mail, and is mandatory. By law to disclose. Just to the courts, but to the other partner as well. This way, the judge can make decisions.
About how much child support must be paid. And if spousal support will be granted. If someone decides to not disclose this information. It is not that they will get out of paying support.
It will just empower the judge. To make whatever financial decision. The judge wants, using any information they want. Including an average salary. For someone in a similar career.
And even asking the ex-spouse. What they think their ex partner is making financially. In almost all cases says divorce lawyer Edmonton. The person who fails to disclose their finances. Will have to pay more than they would have. If they simply disclosed in the beginning.