Divorce Lawyer Edmonton | How To File Court Papers Yourself
Filing court papers is a great way to save money says divorce lawyer Edmonton. And people do not always need to hire. A lawyer in order to end a marriage or relationship.
If people have little money. Or if the marital breakdown. Or their common-law breakdown is mutual. It can help both sides save. On not having to retain a lawyer. For several thousand dollars.
The first thing that they need to do. Is fill out a form. Specifying what decision they would like the judge to rule on. If they are asking for divorce, or asking for a division of marital property.
They will need to file this with the court of Queen’s bench. As it is the federal courts. And the only court that can rule on the divorce act. Which is federal legislation. However, if it is about child support.
Spousal support, or parenting matters. And if the relationship that they are ending is common-law. Then people can decide. Whether they would prefer going through the federal or provincial court system.
While some people think the Court of Queen’s bench has a higher authority. Then the provincial court system. This is true, only in criminal and civil proceedings. When it comes to family law.
Not only do they operate very similarly. But they will not have any more authority than the other one. And if people do not like a decision. That was made by a judge in provincial Family Court.
They will not be able to go to the court of Queen’s bench. In order to overturn the decision. Both of the court systems will happen in a courtroom. Where there will be a judge presiding over the entire event.
The judge will listen to both sides. And look at evidence, and documents that either side has provided. Including financial information. That will have been mandatory for each side to present.
Any divorce lawyer Edmonton present will be able to speak. On behalf of their client. And then, the judge will be able to make the decision. Whether they are granting what is in the filing paperwork.
Or, if they are going to make a decision. That is different. Based on what they think is better for both parties. If both people agree to what is in the filing paperwork. That is generally how the judge will rule.
However, if both parties do not agree. Divorce lawyer Edmonton says the judge will typically. Find a compromise. Or a middle ground that they think is best for everyone. However it is not always the best.
Simply because the parents are going to be. The best people who can decide. On decisions involving their children. And if parents want to avoid. A complete stranger, a judge. Making decisions for their family.
Even if their communication has completely eroded. It is definitely in their best interest. To try to come to a compromise. And an agreement ahead of time. Because once judges make their decision. That decision is permanent, and final.
Divorce Lawyer Edmonton | How To File Important Court Papers Yourself
Many people want to save money on their divorce says divorce lawyer Edmonton. Which can be done, if they file. For their application on their own. Some people very intimidated to do this.
Which is why they hire divorce lawyer Edmonton in the first place. However, some people are simply unable. To afford a lawyer, whether on retainer. Or through the legal aid program.
Therefore, with some advice. From divorce lawyer Edmonton at eLaw alliance. Many people are able to get what information they need. To file paperwork themselves, and proceed with the rest of their life.
There are several documents that they need to get together. In order to make the filing. The first, is quite simply the form. Specifying what type of it can be requesting a divorce.
Asking for a division of marital property. Or child support, spousal support. Or parenting matters, as they outlined in the document. Once they have filled this form out in entirety. Which they can print themselves.
From the provincial or federal website. The next step is creating what is called an affidavit. An affidavit is part of the application. That is necessary in order to file at the courthouse.
This is a sworn document, written in the person’s own words. About why they are making this filing. It is in short, a story. That they are telling the judge. If the judge was in the same room with them.
It must be factual in nature. And it will be necessary to swear on it. Before it will be entered into court records. The affidavit is considered the basis for their claim. Once they have created the affidavit.
They must put together all supporting documents. Which may include bills, bank statements. Credit card statements, and cost of extracurricular activities. Just for some of the information needed.
If there are children in the relationship. A parent is going to be required. To take the parenting after separation course. Even before they file anything at the courts. Therefore, the certificate they get.
Will need to be in the package. That they file at the courthouse. Once they have filed. With either the provincial or federal courts. They will need to have their ex spouse or partner served.
If the package actually contains information. About granting a divorce. Or a division of marital property. They must hire, or convince. A third party to serve their ex partner. And get them to swear in a document that they did this.
However, if a person is simply asking for. Child support matters, parental matters or spousal support matters. To be decided on, they can serve. There ex partner themselves.
Then, both parties will get a court date. And will be requested to disclose their financial information. To each other, as well as the courts. So that the judge can make decisions. Having all of the information that they need.