Calgary, Alberta, the fourth largest Canadian city is indeed a beautiful place. This city is famous for its numerous skyscrapers and its rapid growth. Calgary is the biggest city in the province of Alberta. It is a great place to raise a family.
It is natural for you to remain focused and concerned on your family’s well-being whether you are the husband or wife. Marriages do not always last and you will still want what’s best even following the unfortunate occurrence of a failed marriage or long relationship. You should be aware that there is applicable law related to the rights of spouses and parents after Divorce or Legal Separation in Calgary. Here we explore in very broad terms some of what you may wish to know. But this is not legal advice and is not to be relied upon as such. For specific legal advice upon which you may be entitled to rely, you would have to first retain a qualified Calgary Family Lawyer.
Separation and Divorce in Calgary
Marriage is a legal relationship where a husband and wife agree to live together and support each other in both their easy and hard times, good and bad, sickness and in health. However, due to whatever may be the very valid reasons, the couple can reach the point where they are uncomfortable with each other and do not wish to continue in the marriage bond. This is allowed under the law, the parties may separate and divorce. There does not need to be any specified reason for it. Just a change of heart. The law allows it.
Just as individuals may decide for whatever reason to get married, so too may married couples also decide to get separated and divorced simply because things are not going well for them and they wish to divorce. Divorce and Separation have always been sensitive issues in society but more and more there is less and less social stigma attached to it. Everyone has a family relative or knows someone who has separated or divorced nowadays. A divorce is a decision that is not very easy to take but when you are decided it may be necessary, it is one of life’s steps that you can follow. You are not alone.
The decision to divorce will involve a lot of thinking, reflection, determination, and ultimately the many legal formalities. This is where your Calgary Family Lawyer will help. Hopefully both parties will respect each other’s views on this life altering decision and we see many difficult cases too. Nevertheless the choice of Separation and Divorce is made and it does not need to be unanimously taken. Divorce generally occurs due to misunderstandings and hardships in the relation of husband and wife.
To legally get Divorced, at First the Husband and Wife need to approach their Divorce Lawyers. People generally prefer affordable Divorce Lawyers. What a lawyer will charge for their time should be based on their experience and seniority relative to what other lawyers in Calgary charge. It is usually an hourly rate but sometimes can be a set fee.
In Calgary, the court makes a judgment on the Divorce of the couple by looking onto various criteria, like, whether the couple have lived separated or in different houses for the past year.
Further, the court can be asked to consider whether the husband or the wife has committed adultery. i.e., if they have slept with any other person, whether any of the spouses have faced or experienced a mental or physical torture by the other spouse and more. But this is unnecessary as living separate and apart for one year is a sufficient ground for divorce. Speak to your lawyer about whether you ought to claim fault of the opposite spouse as that can open up a can of worms often for no positive purpose. It might even result in opprobrium from the court itself so one must tread carefully.
It is usually sufficient to Divorce or get legally separated if both the husband and wife have lived separate for one year. It is sometimes possible to be considered by the court to have lived separate and apart even although you may have stayed together in the same house or other dwelling. You could speak to your divorce lawyer about your specific facts once you hire your lawyer.
What happens after the Separation or Divorce?
The couple each with their own lawyer and representing them are divorced by the court legally after having a view on the criteria mentioned above.
But the duties of the couple does not end after the divorce.
If the Couple has a child or children together (children of the marriage), it is their responsibility to take care of the child or children. Further, it is the duty of both the parents to be responsible for the Custody and well-being of their child.
The parents can’t skip their responsibility towards the growth of the child with the excuse of the failed marriage. Hence, the couple also has to deal with various other legal formalities after their separation.
Legal Formalities like Spousal Support, Visitation Rights regarding the Child (parenting time), Child Custody, Financial Support to the Children (Child support pursuant to the federal Child Support Guidelines), the division of specific property of the marriage and various other necessary matters. Any issues between the parties can be discussed by the lawyers and put before the court either by way of a joint submission on an agreement by the parties for a final order of the court or else the court may be asked to decide disputes between the parties. The court will render what it views to be a fair judgment for both the parties (the husband and the wife). However, it is so important in family law matters to present the evidence in such a comprehensible and compelling format that the judge sees to be fair what you want to achieve. This is where the skill of your Calgary Family Law Lawyer will be put to the test. Experience and competence plays an enormous role in achieving what the client wants to achieve, perhaps more than in any other area of legal practice, this is true of family law.
In Calgary, Divorce and other family-related obligations are very important considerations and are a large part of what our lawyers and courts are concerned with handling on a day to day basis. Around 50% of marriages end in divorce. Alberta’s laws are also set up to decide everything from the family care, support, happiness, and well being of the children to spousal support and division of marital property.
Custody of the Children after the Divorce and Separation of the parents is also given high importance as it is a right of every child to enjoy their childhood with parental time with both parents until they reach adulthood and become burdened with the true responsibilities of life!
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