Divorce Lawyer Edmonton | What Is Provincial Court
Many people ask their divorce lawyer Edmonton. Especially if they have a choice. What the difference is between provincial courts. And federal courts, also known as Court of Queen’s bench.
Essentially, the biggest difference between the two. Is mostly procedural, because they are effectively. The same, and the fact that they both have. A judge that presides over the events. Listening to both sides.
Who will eventually make a decision. On the final outcome of the matter. While it is very common. That many divorce and family matters. Come before a judge. Divorce lawyer Edmonton says this actually is the last resort.
The goal for most people. Will be to come to an agreement. And make a decision before going to court. Simply because once it goes to court. The judge is not necessarily going to rule.
In one person’s favour or the other. Typically, the decision that they make. Will be somewhere in the middle, and neither party. Is going to be happy about the outcome. It is usually far more advantageous.
For parents, and separating or divorcing couples. To come to an agreement. And come to a compromise that they both prefer. Instead of a compromise. That is being forced upon them by a stranger.
Who does not know them, their children. Or their circumstances the way they know them themselves. However, when it comes to relationship and marital breakdown. It is often impossible for people to agree.
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It is why things come before a judge. In a court of law, whether it is provincial. Or a court of Queen’s bench. Regardless of why people are coming to court. The court will send out a request for financial information.
This is actually mandatory by law. In order for the judge to make a decision. Whether there are children involved, if there is marital property. Child support matters, spousal support matters or something else.
The judge will need to know. How much money either partner is making. In order to come up with the decision. On if spousal support is paid. Who pays child support, and how much. As well as a decision on the division of marital property.
Divorce lawyer Edmonton says if someone fails. To bring forward their financial information. The judge has their own discretion. To ache whatever financial decision. They feel is right, based on any information.
Such as asking the ex-spouse. How much money the person is making. Or, not basing their information. On anything specifically. They can rule how much the other person must pay. In almost all circumstances.
The person who fails to disclose. The end up paying more money. Then they would have had to, if they simply disclosed. When requested By the court system in the first place. As well, if there are any other.
Documents that they requested. They must present them. Whether it is bank statements, credit card and loan statements. Or any other financial information.
While nobody actually wants to go to court. In the inevitability that it happens. Adhering to the rules, and listening to the advice. Of their lawyer or duty counsel. Will make it go smoothly.
Divorce Lawyer Edmonton | Learning About Provincial Court
Often, appearing in court is the last effort says divorce lawyer Edmonton. They try and help couples. Come to an agreement. And come to a compromise together. Before it gets to court.
They can do this through consultations. Through back-and-forth, and even mediation. Where a neutral lawyer. Acts as an intermediary between the two. However, many relationships have gone so sour.
That an agreement is often not possible. Or, if one person simply fails to cooperate. Or fails to show up, even if they are. Out of the province, or out of the country. Then people will end up going to court.
In order to go to court, one spouse or parent. Must fill out the paperwork. About what they are asking the courts to decide. It could be a division of marital property. Spousal support, child support.
Or any other matter, that they have not agreed upon. Such as access, and parenting matters. Once they have filled out this application, or claim. The next step says divorce lawyer Edmonton.
Is creating their affidavit. This is a document, told in the person’s own words. On what they are asking the court to decide on and why. They must put together any and all supporting documents.
Such as the parenting after a separation certificate. Financial information, and bills, or proof of payment. Relating to the decision they are asking the court to make. Once they have this package.
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Divorce lawyer Edmonton says they must then visit the courthouse. Where they will be directed. Either to the court of Queen’s bench counter. Or the provincial Court counter.
If they are filing at Court of Queen’s bench. Unless they have a legal aid certificate. There will be a filing charge. And if they are filing at the provincial court. There will be no charge at all.
They will then get their papers stamped. They must have a set of papers that they can leave for the courts to look at. A set of papers for their own record. And set of papers for the other party.
All sets of papers will be stamped. And the person filing will get a court date. Divorce lawyer Edmonton says they must then. Serve this package of papers. To the other party, in a specific timeline.
The person who is getting served must have thirty days of notice. If they are out of the province or country. And twenty days, for everyone else. When they are serving these papers.
The either must get someone else to file them. Who will be able to swear that they delivered the papers appropriately. However, people can serve the papers themselves. Unless it is dealing specifically with divorce.
While going to court is not always the preferred way. Of getting matters settled when it comes to our relationship breakdown. By listening to the advice. And adhering to the rules. People will be able to get a decision and move forward with their life.