Edmonton Divorce Solutions

You Have Legal Options

Your Divorce Road Map

There are 7000–8000 divorces in Alberta each year. Nearly 50% of all first marriages end in divorce, while 60% of second marriages do. Your legal divorce is about getting a piece of paper that makes arrangements for your property, your children and support if necessary.

Before you think that your legal divorce will solve all your problems, you need to consider tht your real divorce is about ending one chapter of your life and beginning another. It’s about healing the hurt, breaking free of old patterns and writing a new life script on your terms.

Travelling through the legal minefield can be hazardous to both your well-being and your pocketbook. Understanding how the divorce process works and what you are facing will allow you to choose the best option for your particular situation.

The Road Map

The spouse who starts the divorce proceedings is called the Plaintiff or Applicant.

He or she files a Petition or a Statement of Claim for Divorce with or without a Claim for Division of Matrimonial Property.

The other spouse is called the Defendant or Respondant

The Respondent may file a Response or Counterclaim.

The Orders for the divorce and all its terms is called a Judgement or Decree. All divorces start with a Petition or Claim and end with a Judgement or Decree.

Simple enough so far isn’t it? Now the fun begins.

If the couple agrees on the major issues and no response is file, the case is “uncontested”. It is relatively simple and straightforward. With a little help, almost anyone can do their own uncontested divorce

If the Respondent files a counterclaim, the case is “contested”. A contested divorce can be quite complex. You are traversing through a legal minefield and you won’t be able to navigate around the landmines very effectively without a lawyer. These cases typically drag on and on, eating up lots of time and money, all the while infliciting emotional suffering on both spouses and their children.

Any contested case can become uncontested when one spouse drops out of the war or both partners can reach an agreement – the earlier, the cheaper. The good news is that there are more options today than ever to reach a settlement, minimize the emotional and physical trauma, and not break the bank.

Your Legal Options

Traditional Divorce
Collaborative Divorce
Mediation
Do-it-yourself

Traditional Divorce $$$$$

Each person hires a lawyer and the lawyer takes responsibility for your case. A Judge or the lawyers control the process and decide the fate of your family’s future.

You have just given away all your power and authority!

This option has no tools for negotiation or problem solving and tends to drag on and on. Litigation lawyers are trained to aggressively pursue your interests which generally causes more conflict and upset, making settlement more difficult, all the while costing you a bundle.

Collaborative Divorce $$ – $$$

Collaborative divorce uses a team approach with specially trained lawyers and may include other Divorce Specialists . Each party retains his or her own lawyer to advise and assist in negotiating an agreement that works for both parties. Negotiations take place in “four-way” meetings and the parties themselves decide the fate of the family’s future – all without going to Court.

This option relies on an atmosphere of honesty, co-operation, and integrity and requires the full and open disclosure by all parties. If either client decides to go to court, then the lawyers and any specialist advisors must withdraw from the case.

It eliminates the mud-slinging and costly legal delays while fostering a settlement that meets the needs of both spouses and strong-co-parenting partnership that ensures the future well-being of the family.

Mediation $$

Mediation is a co-operative decision-making process in which the mediator – a neutral facilitator – helps a couple to reach an agreement based on their sense of fairness. Like Collaborative Divorce, mediation requires full, honest disclosure and a willingness to reach resolution without going to court.

This option allows the clients to take full responsibility for the content of the process and the solutions. The mediator does not advise on legal matters and may or may not prepare the divorce agreement, so it’s a good idea to have your own lawyer for independent advice and to review any agreement before it is signed and filed with Court.

The DIY Option $

In doing your own divorce, (Pro Se – without legal representation) you have a range of choices available – from doing everything on your own, to consulting a lawyer for advice on specific thorny legal issues , to using a mediator to help you and your spouse arrive at an agreement that fits your needs.

Divorce is a process of negotiation and involves major decisions and choices. If you and your spouse can communicate openly and honestly, you may be able to negotiate the terms of your separation and reach an agreement on your own about how you will disolve your marriage. One or two consultations with a lawyer may be enough to answer your questions and ensure that your do-it-yourself agreement is fair and legally sound.

When you do-it-yourself, in addition to completing all the forms required by the court, you will need to understand your legal rights and obligations. Somethings to consider:

If you were married longer than five years, one spouse may be entitled to Spousal support or to a portion of the other’s retirement funds.

If there are children involved, you will need a parenting plan to sort out the details of parenting times and responsibilities and child support . (A parenting plan template can be downloaded from the Members Only area)

If you have a lot of assets or have many debts, a financial expert will help you divide up your property, determine who is responsible for what and advise you on any tax implications for transferring the funds. A financial planner will help you budget and plan for the future.

So remember, a do-it-yourself-divorce is not appropriate for everyone. It may work for you if you have no children, few assets or debts and a short-term marriage.

DIY may not be your best choice if: you are engaged in high conflict, if you fear you may not be getting what you are entitled to, if your divorce is complex, or if you are uncomfortable or unsure about the process. You will need to consult a lawyer.

If you feel that this option is worth investigating in your particular situation, check out the Family Law Information Centre for legal resources and booklets.

Regardless of which legal option you find most suitable for your situation, choosing the appropriate Divorce Experts (such as coaches, financial experts and child experts) to your team will certainly give you peace of mind that you have looked at all the different angles of your divorce. You will know that you have made informed decisions relative to all the complex issues.