Divorce Lawyer Edmonton | Understand Court Proceedings
If people are going to be divorcing, says divorce lawyer Edmonton. They will be heard in the courts of Queen’s bench. However, getting the matter in front of a judge. Is a multistep process. And will take a lot of time.
The first step, is for someone to file their intentions. For example, if they want a divorce. They will need to fill out the appropriate paperwork. And then, file that paperwork with the court system.
They also must bring a copy. To get stamped, that they must then serve. To the party they wish to divorce. Once they have filed their documents, and served to the other party. Divorce lawyer Edmonton says they will have a court date.
Because divorces are considered a federal matter. People will appear in the court of Queen’s bench. Which usually sits in the morning, starting at 10 o’clock. And an afternoon sitting starts at two in the afternoon.
However, this court date is not going to be a trial. And in fact, no actual decisions. Such as applications or orders will be decided upon or filed at this sitting. What this is, is an opportunity for the person filing.
To state the facts to the judge. And explain what they would like to have happen. The judge, also called a justice in the court of Queen’s bench. Will then decide what actions. Must be taken next.
If this is a person’s first sitting. The justice may request one of several things. They may ask, if both parties have their own lawyer. That they settle the matter out of court. Which is a term that means.
Both lawyers, and both parties. Will sit down together. On their own time, to come up with. A compromise that suits both of them. This is often the way things will usually happen.
However, both parties must have a lawyer. And if both parties are not willing. To compromise a lot. It can be very expensive, as they both must pay their lawyer. The hourly fee the lawyers charge.
If both parties do not have a lawyer. And even if they do. The justice may request an early intervention case conference. This is an informal process. Where both parties, without their lawyer.
Will get one hour of time with the justice. It is a less formal setting. And both parties can perhaps explain their position better. And why they are asking the court to rule in a certain way.
While this scenario can end up. With the justice making an application order. Both parties must approve of the order. Before the judge files it. If no agreement is made, the justice can escalated to the next step.
Another step that the justice may suggest. After the Chambers dates. Is called special chambers. This has a bit more formality to it. And as such, can be more contentious.
The special chambers can results. In an application being filed. Or an order being created by the justice. And both parties do not need to agree. While this can happen, it usually is escalated to this point.
After both parties are unable to decide. Or come to any type of agreement says Divorce Lawyer Edmonton.
Divorce Lawyer Edmonton | Know Court Proceedings
Many people think that once they file their documents says divorce lawyer Edmonton. They will automatically proceed to a trial date. Where they will argue in front of a judge.
With their evidence and witnesses. In order to get a decision that they hope for. Unfortunately, court does not have been this way. The matter how many TV shows there are to the contrary.
What will happen, is that people will appear for their Chambers dates. Which is what is called the first appearance before a judge. They will have about 5 to 10 minutes. To explain to the judge, also called the justice.
What ruling they are asking for, and why. Divorce lawyer Edmonton says no applications or orders will be created. From this appearance, unless. Someone is in danger, such as a spouse or a child.
If no one is in danger. All the justice will be deciding upon. Is the next step for the people. Who are asking for a decision. There are in fact, several steps. And there will be many court states. In order to resolve the situation.
And when the situation is a legal marriage. The court of Queen’s bench will be the only court. That is able to make this decision. And grant any sort of resolution. Because marriage is a federal institution.
Therefore, can only be undone. By a federal court. And while many people, by the time they have filed their divorce documents. And have served the other party. Our done trying to cooperate with the other.
However, the justice will request that. Several times, before a trial could be granted. And besides says divorce lawyer Edmonton. Even though most couples who are divorcing.
Are no longer able to communicate well. And are very hurt, and angry. It is definitely in their best interest. Especially when there are children involved. That they put aside their differences to come to an agreement.
Because despite what they might think with the trial. A trial is going to ask. A perfect stranger to the family to make a decision. On what they think is best for the family. And each of the children.
And no matter how fair the judge is going to try to be. Or how much evidence is given that the trial. It still boils down. To a stranger. Who does not know the family. Making a legal decision.
That is going to impact that family for the rest of their life. And despite what some people might think. Of hoping that they will be able to get to the judge. And if things do not go their way, will compromise later.
Divorce lawyer Edmonton says that is not the case. Once the judges decision comes down. That is a legal document. And must be adhere to, by law. While nobody wants to end up going to court when their marriage is over.
Knowing how it will proceed. Can often help couples. Compromise, if not for themselves. But the good of the children in the situation.