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What Does a Divorce Lawyer Do for You?

As you know, divorce happens when someone decides to end their marriage.  It is a tough decision for both partners.  When you got married, you thought you were life partners, now, unfortunately, you are facing the prospect of divorce.  This means that you will be living separate and apart, isolated from your spouse, and this can also sometimes mean isolation from certain friends and other associates.  It is common that certain friends remain friends with one spouse and not the other, et cetera.  But Divorce is a legal issue, all emotions aside.  You need a good divorce lawyer to help you so that you can leave the legal matters to be handled by your Calgary Divorce Lawyer and you can focus on other important matters at this trying time.

“What does a divorce lawyer do for you?”  The answer to this question is really, your Calgary Divorce Lawyers can do quite a lot.  You would be ill advised to handle your case without proper legal representation, even if you are a lawyer yourself.  We have the age old adage “Someone who has his or her self for a lawyer, has a fool for a client”!

Calgary Divorce Lawyers know everything necessary about Alberta divorce law and Canada divorce law.  Your Calgary Divorce Lawyer will help you through the legal process, help you progress your case, with a view to getting for you the most favourable and desirable results.

There are many things a divorce lawyer can do for you.  In this article we discuss What Does a Divorce Lawyer Do For You?.

What Does a Divorce Lawyer Do For You?

First of all, the divorce lawyer will give you legal advice so that you can make knowledgeable decisions about the best way to proceed.  Making decisions without knowing the options is foolish at best.  Your Calgary Divorce Lawyer can help you to understand how divorce is going to affect you and your family.  Some of the things that a divorce lawyer can help you deal with are as follows:

Legal Procedure

A divorce lawyer can help you understand every step of the divorce process.  They will have the right knowledge to handle your divorce case properly.  They know how to process and progress your legal case.  They know what evidence is legally relevant to your situation in order to achieve for you the best possible court ordered outcome or agreement between you and your ex-husband or ex-wife, on terms most favourable to you according to law.

Provide legal advice

A divorce lawyer will give you the right information on what to do throughout the divorce process.  The advice is to ensure that you do not do anything that will negatively affect your case.  If the case goes to court, they will guide you throughout the process including what will happen in the courtroom, what you should be doing, what you should be saying, in order that you put your best foot forward to achieve the best possible court outcome.

Preparation with Divorce Papers

A divorce lawyer will submit your divorce papers to the appropriate court for consideration and approval.  They will assist you and prepare all of the required divorce paperwork.

Negotiate for you

A divorce lawyer will help you with determining the property to be divided between you and your ex-spouse, whether you were married or whether you were living in a common-law relationship.  There may also be issues surrounding the debts of the relationship which also must be divided.  In order for you to understand the value of the assets and the debts to be divided, your divorce lawyer will help.  Furthermore, it is often the case that you may not know the full extent of the assets and liabilities of the marriage or the marriage-like relationship (common-law).

For example, one spouse may be in control of all the finances of the relationship, in which case your divorce lawyers needs to request information, which can be done formally and figure things out before asking the court to make any final determinations or to proceed with negotiations in earnest.

Develop evidence

As alluded to above, your Calgary Divorce Lawyer needs to consider what facts should be placed in evidence before the court.  This entails the facts from your side but also to elucidate the appropriate facts from the other side.  This may require requests for documents which can be ordered by the court.  Requests for bank statements, requests for company documents, requests for investment accounts, statements as to debts, what is the matrimonial home or the house you were living in worth, whose name is on title, there are no end to the examples.  You need to speak to your divorce lawyer and your divorce lawyer will help to get a better understanding of what is out there and what needs to be sought after, or protected, depending on your circumstance.  A divorce lawyer will provide all the documents necessary for this process.  A divorce lawyer will help to provide or obtain all the documents necessary for this legal procedure.  Your divorce lawyer is going to immerse his or herself into your case from an evidentiary perspective and collect all the evidence in order to assimilate what is required to be presented either in a strong negotiation towards a fair and just settlement or else, where settlement proves to be impossible, to go to the court and have the court decide based on the best possible evidence for the best possible outcome for you.  So, in this sense, your divorce lawyer really develops the evidence in order to prove your point and have the case go in your favour.

They will ensure that all court filings, forms, and so forth are filled out correctly and check for any errors.  They will provide all the relevant information to the court or in the settlement procedure.  They will filter out what is irrelevant or unhelpful to your case.

Handle court proceedings

An experienced and competent Calgary Divorce Lawyer is going to deal with your case from the perspective that, although a settlement may be possible, it may be required that we proceed for you in the courtroom.  The best possible settlements are achieved by having the evidence in order as though we were going to court.  This shows the other side, whether they have a lawyer or not, if they have a lawyer it shows their lawyer, that we are ready to go to court, that we have the evidence in order, that we are going to win in court, so they may as well settle and save the expense, time, and heartache of going to court.  The best preparation for court is the same as the best preparation for a settlement conference.  Indeed, sometimes the court will order a settlement conference which may be with a judge or without a judge which is not binding on the parties but gives an opportunity to have a sort of mediated settlement which can be mediated by a judge, sometimes on the request of counsel in appropriate cases.  Your divorce lawyer is going to guide you through all of this and recommend for you the best course of action in your specific case.

For example, in some cases it is only a matter of dividing debt and it makes no sense to spend so much money on a divorce lawyer where the issues in dispute are uncomplicated and can be dealt with quickly and easily.  However, in many cases this is not an option, there may be a high net worth of one or both of the parties on paper which, according to the law, belongs to the marriage and should be divided equally.  One party may be trying to hide assets.  Every case is different and fact specific.  You need to speak to a good Calgary Divorce Lawyer in whom you have faith and confidence to handle your case to the best of their abilities in order to achieve the best possible result from your perspective.

If the case proceeds to court, your divorce lawyer will present to the court the evidence most favourable to attempt to achieve a scenarios in your best interest.  Many cases require a trial.  In the courtroom, in a trial, there will be oral evidence and cross-examinations.  Your divorce lawyer will prepare you so that when you give evidence you are ready and this is of the utmost importance when cases are slated for trial.  A good divorce lawyer is going to cross-examine your ex-spouse on their evidence.  A good divorce lawyer is going to object to irrelevant questions, object to irrelevant considerations and arguments which are improper made by the other lawyer or by the other party.  There is so much for your divorce lawyer to do and it is only amplified if the case is actually proceeding to court.

The majority of cases do not go to trial.  The majority of cases can be resolved through proper negotiation and settlement.  But this can only occur if your divorce lawyer prepares the case as though it is going to go to trial to get the best outcome in the settlement.  Then, if the case does not settle, you are ready to go to trial because your divorce lawyer has done the legwork properly to be ready for that eventuality.

Your divorce lawyer should do whatever is necessary to resolve the process in the best possible way for you, according to the law and, of course, having regard to all of the requirements placed on the lawyer through the Code of Ethics which governs all lawyers.

Divorce Mediation

Mediators are trained to keep the emotion away from both sides.  Mediation focuses on settlement.  But mediation also focuses on the information needed for the divorce in the same way that a judge of the court would decide.  So preparing for a mediation, in a sense, is like preparing for a full trial.  A mediator cannot decide the issues unless they can see all the evidence.  As above mentioned, some form of mediation is usually required now a days before you can proceed to trial.  Your Calgary Divorce Lawyer can guide you through all of this.  Your divorce lawyer will help you to mediate and to ensure that you get a fair settlement even if it is by agreement between the parties.

Conclusion

Any divorce process is taxing on you mentally and emotionally.  There may be issues interwoven together which are often the most important issues in ones life:  the matrimonial home, division of assets, what will happen with children, spousal support, child support, what about debts, other family properties, cottages, vacation rentals, investments, …  Divorce is like breaking up a financial union but one where, at some point at least, there was love between the parties which makes it so much more difficult to approach it objectively and rationally.  That is where your divorce lawyer comes in to stand up for your rights without emotion, without subjectivity, and to advocate for what is best for you.

Sometimes you may think you do not care about what happens.  You are hurt by the emotion of it.  You want to wash your hands of the affair as quickly as possible.  But life is a long time.  You need to deal with it now even though it is such an emotional time for you.  Hire a good divorce lawyer in whom you have confidence and trust.  Let them take the burden of the responsibility to think about all of these issues.  It would be a mistake to simply give up in the process and let the other spouse off without dealing with the issues once and for all in a fair and just manner, and according to the law.  Because, if you just let it go, what happens 5 years from now or 10 years from now, or 20 years from now?  You may be left in a poor financial situation and the law delineates what should happen.  Let the divorce lawyer handle it.

A good divorce lawyer will be devoted to the divorce procedures in your case.  A good divorce lawyer will assist you fully with all of these matters.  It is always a better idea to proceed with a divorce lawyer than to go it alone.  Again, you need to feel comfortable and have trust and confidence in the divorce lawyer you choose to help you.

If you are looking for a family lawyer in Calgary you can contact: https://familylawyercalgary.com/

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