Canadian divorce rates may have been declining for the past 30 years, but divorce is still a reality for thousands of Canadians. If you are one of them, here are four things to consider during a divorce in Calgary.
Understand How Divorce Works in Alberta
To divorce in Alberta, you or your spouse must live in the province to submit an application for divorce to the provincial court. Once this is done, you may avoid court through mediation in Calgary or elsewhere. This is especially true in the case of a joint divorce and of an uncontested divorce. However, legal assistance and/or the counsel of a divorce lawyer are highly recommended to ensure that your interests, and those of any children involved, are protected.
Your Interests
Your interests include the money, property, and other assets accrued with your spouse over the course of your marriage. A divorce lawyer can help you protect these interests, but here are some things to consider before divorce.
Money
· You will need to have access to your own money to hire a divorce lawyer, pay for court fees, and possibly relocation fees (see below).
· Set up your own bank account and personal credit card.
· Consider cancelling joint credit cards, lines of credit and other joint liabilities to protect yourself from your spouse’s spending; if that’s not possible, be sure to keep records of your own spending so that you can contest any charges that are not yours.
· Gather and organize your financial records. Keep them safe.
· Consult with a professional accountant about the tax implications of your divorce and what other financial actions you should take.
Property
· You may need to leave your home before or during the divorce because:
o it may need to be sold to split assets with your future ex-spouse.
o to get a divorce in Calgary and elsewhere in Canada, you must show that your marriage has broken down. One of the easiest ways to do this is to live separately and apart from your spouse for a year. It does not require a separation agreement.
· Other joint property should be severed and divided equally so that you can bequeath your property to whomever you wish without it automatically going to your ex-spouse.
Health
· Consider and discuss your needs for safety, health care, and medical decision-making with your divorce lawyer.
· Take care of yourself physically, emotionally, and mentally.
Children
· While this is last on the list, it is by no means the least important concern of divorce lawyer calgary. However, the previous three elements help you and your children through divorce and move forward in a safe and happy home without the daily presence of their other parent.
· The Divorce Act of Canada states that all rulings about children be made in their best interest. If you and your spouse are unable to agree about what this means, seek legal assistance, or contact a divorce lawyer.
Legal Advice in Calgary
If you’re looking for legal advice or a divorce lawyer calgary, call First West Law. Our team provides an array of legal assistance for individuals navigating the legal issues of divorce and other family law matters.
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