Divorce Lawyer Edmonton | What To Expect In Court
There are many things people are expecting says divorce lawyer Edmonton. When they get their first court date. When they are getting a divorce from their current spouse.
One thing to keep in mind, is that divorce. Is a legal proceeding, that undoes. The legal marriage, which is a federal institution. The only way that a federal process. Can be undone, is with another federal process.
Therefore, a divorce can only be handled. Through the highest Court of Canada. Which is the Court of Queen’s bench. While many people often assume. That the Court of Queen’s bench is more formal.
Or that it has a much higher authority in Canada. This is not necessarily true. It simply has more capabilities. Then a provincial court for example. However, some of the processes within the court of Queen’s bench.
Are different, if people have experienced. A provincial court already. One of the first things that is different says divorce lawyer Edmonton. Is that court will sit in the morning, starting at ten.
And then it will sit in the afternoon, starting at two in the afternoon. When people are arriving for their chambers date. They should either get to the courthouse on time. Or, preferably early.
The reason why it is so important to be on time. Is because for chambers date, there will be 30 to 40. Other people looking to get their matter before the justice. And if people are late by five, ten or twenty minutes.
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It is quite possible that they will miss several dockets. As each person only gets 5 to 10 minutes. In front of the justice. And if people are not there, those dockets will be skipped. Which means being late by just twenty minutes.
Means five or six dockets could have been called. And there is a good chance. That a person’s docket will called. If they were late. And if that is the case, divorce lawyer Edmonton says.
The judge will likely have already ruled on the matter. Or, have thrown the case out of court. Since the person filing the papers. Could not even be bothered to show up. To their court date on time.
Therefore, it is extremely important. That people arrive to their chambers date on time. If they are early, and are not represented by a lawyer. They can access duty counsel. Which refers to a free lawyer.
Stationed outside the court room. Who is ready, willing and able. To provide assistance, advice. And even represent a person. For their time in front of the judge. This can be a huge help to a person.
However, duty counsel must be conferred with. Early in the day, is so arriving early. Again, is going to be even more important. For people who are not yet represented. Duty counsel is free, and available.
For people who have not yet retained a lawyer. When people are getting ready. To file divorce papers. Or they have been served divorce papers. They can always ask the experts at Elon alliance in Edmonton.
Divorce Lawyer Edmonton | What To Come In Court
It is extremely important emphasizes divorce lawyer Edmonton. That people understand how the court proceedings are going to go. When they are looking to get a divorce from their spouse.
Finally, the first court proceedings will be called a chambers dates. And is simply a triage says divorce lawyer Edmonton. For the justice to Figure out. Exactly what the next steps should be for the couple.
If they have already decided. What terms of the divorce they want. And are in agreement, that makes things. Much easier says divorce lawyer Edmonton. Because they will not have to resolve matters.
Also, they might get a court date, to make things final. However, if people do not yet. Have the terms of their divorce agreed upon. Or, if there are children that need child support. Visitation sorted out.
Or even things like alimony, or a division of property. Then it will not be quite as easy. If people need to figure it out. And they both have lawyers. They may be instructed by the justice.
Two try and settle things out of court. Which refers to each party. Sitting down with each other, and their respective lawyers. To hash out all of the details of the divorce. And get it in writing with the lawyers.
However, not everybody has retained a lawyer at this point. And therefore, the justice may suggest an early intervention case conference. This is actually a pilot project in Alberta.
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Designed to help people find resolutions. Before they start arguing in court, and their relationship. Further deteriorates, where cooperation. And compromises are much harder to come by.
The early intervention case conference is an informal process. Where both people will get one hour. In a conference room with the justice. They will be able to better explain in this informal setting.
Additionally, what they want and why. And the justice will act as mediator. To try and help them come up with a solution. Because they are justice, they can prepare people. For understanding what will happen.
If they do not come to an agreement. No orders or applications can be made at this point. Unless both parties are in agreement. However, if an hour here does not resolve matters for the couple.
The next step, will escalate them to what is called a judicial dispute resolution. Again, this is a type of mediation. It is more formal than an early intervention case conference.
And depending on what type of judicial dispute resolution it is. Again, the justice can either write up an application or an order. If both parties are in agreement. But for a binding judicial dispute resolution.
The justice can make this call on their own. If matters do not get resolved here, it will be escalated to a special chambers date. Which is more formal, and more contentious. After this, a court date will be necessary.
For both parties to resolve the situation in a trial. Also, this is incredibly rare. And most of the time, divorces can be settled long before this scenario.