Divorce Lawyer Edmonton | Obtaining A Divorce In Court
Even uncontested divorces need to go to federal court says divorce lawyer Edmonton. However, if both parties. Are in agreement of what the terms of the divorce are. Usually, it can be very quick and easy.
The biggest problems arise, when the parties. Do not agree with what should happen. Typically this happens when alimony is being discussed. Child support, and child visitation.
As well as what to. With any marital properties. That the couple share. While every effort will be made. To help the couple agree to terms. By the time they want a divorce. Their marriage has broken down so much.
That not only are they not talking. But long gone is the opportunity. To cooperate, collaborate and compromise. This is often why people end up getting a divorce lawyer Edmonton. However, that is not always necessary.
When people are getting started with a divorce. Whether they do not have lawyer and want to file. Or they have been served, and now have a court date. But they cannot afford a lawyer.
There are ways to get through this, that out needing a lawyer. However, it can make the situation much more easy to handle. This first court date is called a Chambers date.
And is going to be. For the judge, often called a justice in the court of Queen’s bench. To listen to all of the cases. And decide what next steps should be for all of them. If people are in agreement.
Then they can be escalated to the final divorce. Which will happen on a different date and time. But if people are not in agreement. Then there are several different places. They can go to get resolution.
The first thing that any couple who are divorcing should consider. Says divorce lawyer Edmonton, is the fact that. The courts will try to force people. To cooperate and collaborate significantly. Before they will get a trial.
Trials are very expensive. They take up so much of a person’s time. As well as so much time in court. That could be used for more productive things. Therefore, they give four or five chances.
For people to come to an agreement. Outside of court, before proceeds to trial. If people show up to their Chambers date however. And they are not yet represented. By a lawyer for example.
They will be appointed. A lawyer, called duty counsel. Duty counsel is free for anyone. Who does not have legal representation yet. And they can represent that person in court. But for that day only.
It can help people get through the Chambers date. And once they know. The next step that a justice is going to ask them to take. They can always hire lawyer later. Or, keep trying to make do without.
This is not going to be a time for applications to get past. Or orders to be created. Although, if there is someone in danger. Such as a child or spouse, then they definitely will take action.
Divorce Lawyer Edmonton | Getting A Divorce In Court
Going to court is never something that people look forward to says divorce lawyer Edmonton. However, his can be handled very calmly. And maturely, if people agree. To communicate with each other one last time.
In fact, the justice will want to try. To resolve the situation, before granting a divorce or a trial. And this will be done, and steps that continue to escalate. In degrees of severity, until people agree.
The first steps is divorce lawyer Edmonton. Is called early intervention case conference. Which is a pilot project in the province of Alberta. Designed to intervene, early on in the court process.
In hopes to inspire both parties. To cooperate, and compromise. In order to resolve the differences. And have an agreement they can both live with. This involves sitting in a conference room with the justice.
Who is essentially acting as the mediator. The couple, who are often better. Able to communicate what they want, and why. In this informal setting. People are often able to come to an agreement.
Especially when talking to the justice. That is going to explain. What will happen if they do not agree. It will mean more court dates. More time wasted. And ultimately, forcing a justice to make a decision.
That does not suit either party for example. If people do not get a resolution. After one hour of early intervention case conference. The next escalation is to. What is called a judicial dispute resolution, or a J D R.
There are two types of judicial dispute resolutions. One that is nonbinding, and one that is. In both scenarios, people will sit down with the justice. In a little bit more of a formal setting.
The justice will act as mediator says divorce lawyer Edmonton. And in a nonbinding resolution. If people both consent to the agreement. I justice can write up an order.
But if they do not agree. It will be escalated to another step. If they do a binding J D R, what happens next. Is that a justice can come up with an agreement. That they must sign.
If the JDR does not work. Divorce lawyer Edmonton says the last step. Is an even more formal. And therefore even more contentious step. Called a special Chambers. This is an hour, and involves.
Sitting down with the justice in a formal setting. If people end up going to special Chambers. The justice can write up an order. That they must adhere to. However, that is not always best for both.
If both parties cannot come to an agreement by this time. Then, a trial date will be set. Several months into the future. And this will ensure. That both parties can present all of their evidence.
In order to sway the judges decision. To one side or the other. They can call witnesses, present evidence. And there witnesses can get cross examined by the other lawyer. It is a long, stressful process.
Which is why most courts will try to avoid this outcome. At all costs, for the benefit of everybody.