Divorce Lawyer Edmonton | You Don’t Need A Lawyer
Many people make the assumption that they need to hire a divorce lawyer Edmonton. When their marriage, or common-law a relationship breaks down. And while lawyers are great resources.
Not everybody needs to hire a lawyer. Especially if they are in agreement. With the terms of their separation or divorce. Or, if people simply do not have the funds. To be able to afford an expensive retainer.
Many lawyers require five thousand. Or ten thousand dollars on retainer. And this is far too much for many people to be able to afford. They often think it be easier. If they could simply file for divorce themselves.
While the good news is, this is possible. A lawyer is not actually needed. To fill out the paperwork. And file it within the court system. People will need to know some specific information.
The learning this information is not hard. And learning this information, can help people. Get their life back, and end. A relationship that is terrible. The first thing that people need to know.
Is there are two different courts. That they can file their paperwork through. The provincial court system. And the federal court system. Also known as the Court of Queen’s bench.
Many people think the Court of Queen’s bench has a higher authority. And while they do in the matter of appeals. In criminal and civil cases. When it comes to family law. They are essentially the same.
The only true difference. Is that when it comes to marriage and divorce. This is a legal entity that requires. Special legislation to undo. And it is specifically governed by the divorce act.
Which is federal legislation. Therefore, divorces can only appear before. And be granted by a federal court. And a federal judge, in a court of Queen’s bench. Which means if people are dealing with divorce.
Asking for the court to grant that. Or, with the division of marital property. Because there are specific laws. Governing things like the wife’s dowry rights. This must be filed within the federal court system.
However, that does not mean. That people have to go to different locations. They can still head down to their local courthouse. And simply stand at a different counter. Whether they want to file provincially.
Or federally. The information that they file. Is in fact identical to each other. And they do not even need to make the decision. Until it is time to file. The first of all need their claim. This is a form that they fill out.
Asking the judge to rule a certain way. For example, if they are looking for a divorce. They want the judge to agree to grant them that. Then, they must complete an affidavit says divorce lawyer Edmonton.
And provide all proof, and supporting documents. After filing, divorce lawyer Edmonton says the court will request. From both parties, financial documents. Which will be mandatory to supply, by law.
It will also get a court date at the time of filing. So that they can both start preparing. What they are going to say in front of the judge. And hopefully, the ruling will go in their favour.
Divorce Lawyer Edmonton | You Don’t Need A Lawyer To File In Court
Many people assume hiring divorce lawyer Edmonton. Is a necessity, if their relationship is ending. Whether it is there marriage. Or if people are living common-law. And their relationship is over.
They will either be governed by the family Law act. Which is provincial legislation. Dealing specifically with common-law relationships. Other they have, or do not have children involved.
Or, they will be governed by the divorce act. Each is federal legislation. Dealing specifically with marriages and divorces. While there is overlap between the two acts.
Specifically in matters related to spousal support, child support and parenting matters. The only reason a person would be forced. To use the divorce act. Is if they are actually married to each other.
Otherwise, either legislation can be used. And either court whether it is federal. Or provincial in nature can handle the matter. While a divorce lawyer Edmonton is not needed to file paperwork.
Many people often want to know. What is required in the paperwork. So that they can file it on their own. Once they have that information. And have filed the paperwork with the federal or provincial court system.
They will have a copy of the paperwork. The court will have a copy, and they must get a copy. To their ex partner or ex-spouse. If there is information about a divorce. They must have a third party deliver it.
However, if there is nothing specifically divorce related. They can serve their ex partner themselves. The court date will be written on both sets of documents. And people can prepare in their own way to appear before a judge.
Whether people are going to a provincial court. Or the Court of Queen’s bench. The differences between the two. Are mostly procedural in nature. They will actually proceed the same for both.
The proceedings will happen in an open courtroom. With a judge presiding over the entire event. When it is the person’s turn. To appear before the judge. They will be called forward.
Along with their divorce lawyer Edmonton, if they have one. If they do not have one, they can speak to the judge on their own. However, if they would like specific and free legal advice.
They can therefore arrive at the courthouse early. And get what is called duty counsel. Duty counsel is a free lawyer, that is stationed outside of both. The provincial court room or the federal court room.
They can help people fill out forms. Figure out what to say to a judge. And in some rare cases however. Duty counsel who had no other people. They needed to help that day. Could actually, and importantly represent. The person in their trial.
After they have therefore. Presented all of their evidence. The judge will ultimately make a ruling. And that decision will be without a doubt final. Ideally, people will be able. To and their relationship. And get on with the rest of their life.