Divorce Lawyer Edmonton | How To File Court Papers
Many people think that they need to hire a divorce lawyer Edmonton. In order to take matters to court. And while this is often a prudent decision. Not everyone can afford lawyers. And when they know how to file.
They are less likely to need a divorce lawyer Edmonton. In order to have the decision. Be brought before a judge either provincially. Or in a federal court. Such as a court of Queens bench.
While there are some differences. Between provincial court and Court of Queen’s bench. There are a lot of overlaps as well. For example, both courts can deal with matters. Such as child support, spousal support.
As well as various parenting matters. And both courts happen in a courtroom. Being presided over by one judge. Who will listen to both sides. And look at all of the evidence.
If there is a divorce lawyer Edmonton present. They will be able to speak, for each of the people that they represent. After which point, the judge will make their decision.
While many people often think. That the Court of Queen’s bench. Also known as the federal court. Is there to make much more serious decisions. This actually is not as true. As it sounds to people.
While the court of Queen’s bench. Is the court that people go to. In order to make appeals in criminal trials. In civil matters, it has the same power. As the provincial branch of the court system does.
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The only exception to this. Is if people are dealing specifically. With marriage and divorce. Marriage is actually considered a legal entity. And to undo it, takes a federal power.
Marriage and divorce is governed by what is called the divorce act. Which is a federal act. Therefore, the provincial court systems. Are powerless over it. Therefore, any decisions regarding a marriage.
Must go through the court of Queen’s bench. However, once that decision is made. All other decisions. That are made, such as child support matters. After the divorce decision has been made.
Can go through either provincial or federal court systems. In fact, the only difference of any significance. Is the fact that when people are filing. Through the courts of Queen’s bench. There is an additional fee.
However, if people have a legal aid certificate. Which means they have applied for legal assistance. Because they cannot afford a regular lawyer otherwise. This certificate will allow them.
File at the court of Queen’s bench. And have that fee be waived. Regardless of which court people decide to apply through. Sometimes the decision is down to which has the lowest wait time.
People need to go to the same courthouse regardless. And they will be directed by the bailiff. About which counter holds the federal filings. And which counter they should go to for provincial filings.
If people have any questions about this process. They can simply contact eLaw alliance in Edmonton. They have a one hour consultation to help clients.
Divorce Lawyer Edmonton | Learning How To File Court Papers
Divorce and relationships ending is a stressful time says divorce lawyer Edmonton. And having to find, as well as retain a lawyer. Is often very stressful as well. Especially if people cannot afford it.
However, with some advice. And a few helpful tips. People can file their own paperwork. And before the courts. And before a judge, in order to get a ruling. Without having to hire a divorce lawyer.
The first step, is simply finding the right form. Which can be found on the provincial website. They will have to find the correct form. For what they are applying. Whether it is child support matters.
Spousal support, or parenting matters. If they are not legally married. But common-law and they are ending their relationship. With or without to children, the family Law act in Alberta. Will be there governing laws.
They can apply either through the provincial court. Or through the federal court system. Called the court of Queens bench. And regardless of which process they decide to go with. The process will be the same.
First, they must fill out the form. And then, they must have an affidavit. What an affidavit is according to divorce lawyer Edmonton. Is the sworn document. Written in the words. Of the person making the filing.
There story, on what they want the judge. To make a decision on. While it needs to be in their own words. The information contained within must be factually true. And they will be asked to swear upon it.
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It will be entered into court records. And will then be considered their basis for claim. In addition to the form, and their affidavit. They must provide proof, if any is necessary. And all supporting documents.
A great example of one necessary document. Is proof of taking the parenting after a separation course. This course is available for free online. And is a mandatory course. To take for anyone.
Who is making an application either within the divorce act. Or family Law act, and children are involved. They must provide their parenting after a separation certificate. As proof that they have completed this mandatory course.
Once they have their entire information together. They will take it to the courthouse. And either be directed to the provincial filing counter. Or the court of Queen’s bench filing counter.
Once they file the paperwork. Which they will need to have supplied in triplicate. All three copies will be stamped. One is kept at the courthouse for records. The person filing gets to keep the second set.
And the third set must also be served. To the other person in the relationship. If there is anything dealing with a divorce. The person filing cannot deliver the paperwork themselves. And whoever they hired to do this.
Must end up swearing a document however. That they delivered it properly. And therefore to the right person. Once it has been served however. Everyone will therefore have the court date. And that is how people can get their family law matter to court. Without ever needing to hire a divorce lawyer Edmonton.