Divorce Lawyer Edmonton | Provincial Court
A common question that divorce lawyer Edmonton gets. Is people wondering if there family law matter. Will go to a provincial court. Or if it will be heard in a court of Queen’s bench courtroom.
For the most part, family Law type matters. Can be heard in the court of Queen’s bench. Or the provincial courts. With not much difference between the two. However, if people are in an actual marriage.
Then they must have their matter heard. In a court of Queen’s bench. Which is also considered a federal court. While both courts are adequate for dealing with a lot of different family matters.
When it comes to divorce. And the division of marital property. Only the federal court, or Court of Queen’s bench. Will be able to hear the matter. Because provincial court, does not have jurisdiction.
Over the divorce act. The divorce act specifically deals with undoing. The very specific legal entity of marriage. However, if the divorce has already been done. Or if people are only going to court.
In order to have matters like child support. Parenting matters, and spousal support matters dealt with. People can go to both or either courts. As well, when the relationship is common-law.
With or without children, people have the option. Of filing their matter in provincial court as well as Court of Queen’s bench. Some people think there is a large difference between the two.
However, divorce lawyer Edmonton says most of the differences. Are actually simply procedural. They operate the same, and that they appear in a courtroom. There is a judge presiding over all of the events that happen.
The judge will listen to both sides. Including the lawyers, and the individuals involved. And then that judge will make a ruling. Based on their opinion. And the evidence that was brought forward.
As well, divorce lawyer Edmonton says both the provincial. And the court of Queen’s bench both have. What is called duty counsel. Which is assistance for people who do not have lawyers. And are representing themselves.
People can access duty counsel. By showing up to the court room. On their court date. In order to stand in line, and wait for a lawyer. Who has been appointed. To be duty counsel. And offer free legal advice.
Therefore, there are fewer differences between provincial courts. And Court of Queen’s bench. However, for filing, Court of Queen’s bench has a fee attached to it.
However, if people are on legal aid. And have a legal aid certificate. When they present this certificate at the court room. They will be able to have the filing fee waived. When people have their applications ready to file.
They may wonder where to file. Between filing provincially, or filing federally. They simply have to go to the court room. And there will be signs indicating. Where the counter is.
For Court of Queen’s bench. And where the counter is for provincial courts. Once people have filed, they must serve the other person. And they will have a court date, by the time they leave the courthouse.
Divorce Lawyer Edmonton | Learning About Provincial Court
When people are ending their relationship says divorce lawyer Edmonton. If they are common-law, or in a marriage. That will dictate which court. They go to, in order to undo their relationship.
Court of Queen’s bench is known as the federal court. And is the only court that is able to deal. With ending a marriage, because it is a specific. Legal entity, dealing with the divorce act.
However, common-law couples. And common-law parents can have their matter seen. Either provincially or federally. Depending on their wishes, and circumstances says Divorce lawyer Edmonton.
For example, people may want to file provincially. So that they can waive the filing fee. That they would get at the court of Queen’s bench. However, if one person is out of the country. Or out of the province.
They must file with Court of Queen’s bench. So that the federal court can override provincial jurisdictions. However, while Court of Queen’s bench. Can only deal with federal matters.
There still is a significant amount of overlap. Tween what either court system can decide on. They both can deal with child support matters. Parenting matters, and spousal support matters.
As all of those scenarios. Our outlined in both the divorce act. And the family Law act in Alberta. If a person wants to go ahead and make a filing. They first must fill out a form.
Specifying what they are asking for. Whether they are looking for child support. Or, their spouse has not been paying child support. Perhaps they are looking for spousal support.
When they were not looking for spousal support before. Regardless of what they are looking for. They must fill out this form. And then, must write up what is called their affidavit.
An affidavit is essentially, what they person is looking for. In their own words. If they are looking for child support, they might want to put in. All of the factual information about the matter.
It simply must be factual says divorce lawyer Edmonton. And something that a person would be willing to swear. In a court of law that it is true. Once they have their form, and there affidavit.
They should ensure that they have any and all. Important supporting documents. Supporting documents may be proof of income. It could be the parenting after a separation course certificates.
Which is often mandatory. Before people can even file family law matters. Within the court system. Whether it is federal, or provincial. Once they have this complete package.
People can head to the courthouse in their area. There will be a counter for provincial courts. And a counter for Court of Queen’s bench. They will be able to make their filing, and get a court date.
They must then serve this package. To the other person, either their ex-partner. Or ex-spouse, so that they can appear in court as well. And there will be certain specifications. About how to serve them. And how to prove that they have been served as well.