Divorce Lawyer
Practice Areas
Edmonton Divorce Lawyers
Going through a divorce can be a high-stress situation for many individuals. A divorce can be very complicated or straightforward depending on the specific factors of the couple.
Contact our team of Edmonton divorce lawyers at Bhardwaj+Co to assist you in your matter. Divorce is complicated, messy, and emotional – having an experienced professional on your side can help you feel less alone while reducing stress and anxiety about the process. Together we can guide you through the process effectively and efficiently. As a divorce lawyer, our team has a wide range of experience from amicable uncontested divorces to high-conflict contested divorces which require litigation.
Our Edmonton Family Lawyers’ Areas of Specialization
When it comes to legal specialization regarding family law and divorce, our team of family and divorce lawyers in Edmonton is well versed in all the aspects of family and divorce law, including child support and custody, mediation, and uncontested divorces.
Child Custody
- Legal Knowledge and Advice: our team of expert family lawyers possess the in-depth knowledge needed to provide you with accurate legal advice regarding child custody rights and options.
- Custody Evaluation and Strategy: Our lawyers will assess your specific situation and help develop a child custody strategy that aligns with your goals and the best interests of the child.
- Negotiating Parenting Plans: In many cases, parents can reach a resolution on child custody and visitation arrangements through negotiations outside of court.
- Representation in Court: If a child custody dispute require the courts, having a knowledgeable family lawyer by your side is vital. Our lawyers will represent you and present your case effectively to the judge.
- Child Custody Modifications: Over time, circumstances may change, necessitating modifications to existing child custody orders. Our lawyers can assist in gathering the required evidence, preparing the necessary documentation, and presenting a persuasive case to the court.
- Enforcing Custody Orders: If the other parent fails to comply with the court-ordered child custody arrangement, a lawyer can help you enforce the order, including filing a motion for contempt of court or seeking remedies to ensure compliance with the custody order.
Child Support
- Establishing Child Support: If you need to establish child support for the first time, our lawyers can assist you in initiating the process. We will advocate for your interests and ensure that the child’s best interests are considered during the determination of child support amounts.
- Modifying Child Support: Whether it is due to a change in income, a significant change in the child’s needs, or other relevant factors, our lawyers can guide you through the process of seeking a modification.
- Enforcing Child Support Orders: If the other parent fails to comply with the court-ordered child support payments, a lawyer can help you enforce the order, and can help you take appropriate legal action to ensure that child support payments are made as ordered.
- Negotiating Settlements: In some cases, parties may be able to reach an agreement on child support through negotiations outside of court. Our lawyers can represent your interests during these negotiations, ensuring that your rights and the child’s best interests are protected.
Divorce Mediation
- Pre-Mediation Consultation: Before entering mediation, a lawyer can meet with you to understand your goals, concerns, and priorities, review any existing agreements or court orders, and identify potential issues that may arise during mediation.
- Preparing for Mediation Sessions: Our expert team of divorce lawyers can help you prepare for mediation sessions by assisting in gathering necessary documents, financial information, and evidence that may be relevant to your case.
- Strategic Representation: During mediation sessions, having a lawyer present can provide you with a voice and advocate for your interests. Our lawyers can help you effectively communicate your needs and concerns, ensuring that your perspective is understood and considered.
- Reviewing Proposed Agreements: Once a tentative agreement is reached during mediation, our lawyers can review the proposed settlement, identify any potential issues or unintended consequences and make sure that the agreement is clear, comprehensive, and enforceable.
- Drafting Legal Documents: Once an agreement is finalized in mediation, a lawyer can prepare the necessary legal documents to formalize the agreement. We can provide assistance to ensure that the legal documents accurately represent the terms agreed upon and protect your rights.
Separation Agreements
- Negotiation and Drafting: A lawyer can provide support in navigating the negotiation process for your separation agreement. They will work alongside you to understand your interests, identify crucial matters, and strive for a resolution that is fair and balanced.
- Protecting Your Interests: Our legal team is committed to safeguarding your rights throughout the separation agreement process. We carefully analyze the proposed terms, highlighting any areas of concern and offering guidance on how to protect your interests. With our expertise in family law, we can anticipate potential challenges and ensure your needs are properly addressed.
- Review and Modification: If you have received a separation agreement from the other party, our lawyers can thoroughly review it to ensure its fairness and reasonableness. Should any modifications be necessary, we will skillfully negotiate on your behalf, aiming to achieve adjustments that align better with your interests.
- Enforcement and Dispute Resolution: Should disputes or violations arise regarding the separation agreement, our legal team is prepared to support you in enforcing its terms. We will explore the available legal options, such as mediation or court proceedings, and diligently advocate for your rights throughout the process.
Spousal Support
- Determining Eligibility: The eligibility for spousal support is often determined by various factors, such as the duration of the marriage, the financial circumstances of each spouse, and their respective contributions during the marriage. Our experienced lawyers can carefully evaluate your unique situation and provide an assessment of your eligibility for spousal support.
- Negotiating Spousal Support: If you and your spouse are open to negotiating spousal support without going to court, our skilled family lawyers can provide valuable assistance throughout the negotiation process. We will work with you to achieve a fair and satisfactory spousal support arrangement.
- Spousal Support Guidelines: Our team will help you understand the spousal support guidelines applicable to your jurisdiction and explain how they may impact your case. We will assess your financial circumstances, including income and expenses, and offer advice on determining an appropriate level of spousal support within the framework of the guidelines.
- Modification of Spousal Support: As circumstances change over time, it may become necessary to modify the existing spousal support order. If you experience significant changes in income, employment status, or other relevant factors, our team can guide you through the process of seeking a modification to ensure that the spousal support arrangement reflects your current situation.
- Enforcement of Spousal Support: In situations where the other party fails to comply with the court-ordered spousal support, our lawyers can assist you in enforcing the support order. We will take the necessary legal steps to ensure that spousal support payments are made as directed by the court.
Uncontested Divorce
- Document Preparation: Uncontested divorces still involve paperwork and legal documents. Our lawyers can assist in preparing and reviewing the necessary documents, such as the divorce petition, settlement agreement, and parenting plan (if applicable).
- Settlement Agreement Assistance: In an uncontested divorce, the spouses typically reach a settlement agreement that outlines the terms of their divorce, including property division, child custody, and support. Our team can provide guidance during the negotiation of this agreement, ensuring that your interests are protected and that all necessary provisions are included.
- Mediation and Dispute Resolution: Even in uncontested divorces, disagreements may arise. Our lawyers can act as a mediator to facilitate productive discussions and help resolve any disputes that may arise during the process.
- Legal Review: While an uncontested divorce means that both parties are in agreement, it is still essential to have a lawyer review the final documents before submitting them to the court.Our lawyers can review the settlement agreement and other relevant documents to ensure that they are fair, legally sound, and protect your rights and interests throughout the legal process.
- Court Representation: Depending on the jurisdiction, an uncontested divorce may necessitate a court appearance for finalization. Our team of experienced lawyers is prepared to represent you in court, ensuring that all legal obligations are fulfilled and the divorce is concluded in accordance with the law.
- Beaumont
- Bon Accord
- Calmar
- Devon
- Edmonton
- Fort Saskatchewan
- Gibbons
- Lacombe
- Leduc
- Morinville
- Spruce Grove
- St. Albert
- Stony Plain
- Strathcona County
- Sturgeon County
- Thorsby
- Warburg
- Toefield
- Wetaskiwin
Don't see your location here? Call us at (780) 222-2386 or contact us to find out if we can service your area!
Divorce Lawyers FAQs
What Are Grounds For Seeking Divorce In Canada?
In Canada, the grounds for seeking a divorce are
- The parties are now separated and have been separated for at least one (1) year at the determination of the divorce proceeding
- The individual seeking a divorce claims that the other has since the celebration of the marriage, committed adultery
- The individual seeking a divorce claims the other has since the celebration of the marriage, treated the Plaintiff with physical or mental cruelty of such kind as to render intolerable the continued cohabitation of the spouses.
The most common ground for seeking and filing for divorce is #1. Therefore, in Canada, you do not need to provide any proof or reason as to why you want to separate and divorce.
How Does The Process Work?
When filing for a Divorce, one of the spouses will need to initiate the process (The “Applicant”) by drafting and filing a Statement of Claim for Divorce. If your divorce also deals with the issues of any family property then a Statement of Claim for Divorce and Division of Family Property needs to be filed. It is important that you seek legal advice from a divorce lawyer to assist you in preparing your Statement of Claim.
The Statement of Claim will also set out your requests for child support, parenting and custody if you have children and spousal support. At the end of the Statement of Claim it asks for the “Remedy Sought in the Divorce” with many options available, such as a “divorce judgement”, “custody”, “access or parenting arrangements”, and “retroactive child support”. It is important that you know what you are entitled to seek when filing your Statement of Claim for Divorce.
How Long Does the Divorce Process Take?
The total amount of time required for a divorce is a difficult question to answer, because it is highly dependent on the unique complexities of each case, whether or not the divorce is contested, and if the spouses are in high conflict. At a minimum, the individuals involved will need to be separated for at least one (1) year, and after filing all the necessary paperwork they must also wait for a divorce judgment to be made. If the divorce proceedings move to litigation, it may take several years until all matters are resolved.
Are there any circumstances where a justice would reject an application for divorce?
Yes, in some cases there may be legal issues that prevent you and your spouse from successfully applying for a divorce. Such instances include intentionally misleading the court or if it is undetermined how any children under 18 will be supported following the divorce process.
An example of how someone may intentionally mislead the court is by misrepresenting the amount of time that has passed since the separation. In order to be eligible for a divorce, the parties must have been separated for a minimum of one (1) year.
In order to move forward with the divorce process, the justice must also be satisfied that all necessary planning and arrangements have been made in regard to financially supporting the children.
Failure to resolve either of these issues prior to court proceedings will result in a rejected application.
Will I Have To Go To Court?
Not all divorce proceedings require going to court. However, some high conflict contested divorces due require litigation.
Why Should I Work With A Divorce Lawyer?
Getting legal advice from a divorce lawyer will assist you in requesting the maximum of your entitlements and protecting your rights along the way.
I was married outside of Edmonton, Alberta - Can I still apply for a divorce here?
You may be eligible for a divorce in Alberta, regardless of where you and your spouse initially got married, provided that you meet the ordinarily resident requirement and have the proper documentation to prove that your marriage is valid.
Ordinarily Resident
Anyone seeking a divorce in Alberta, must have been a resident of Alberta for a minimum of one (1) year prior to filing an application for divorce.
Married In Province Other Than Alberta
For individuals married in Canada, but outside of Alberta, the marital certificate issued by that provincial government will be sufficient evidence of a valid marriage.
Married Outside of Canada
For individuals that were married outside of Canada, a marriage certificate and an affidavit proving the marriage was valid will be required.
What are the different types of divorce?
There are three main types of divorce in Canada, including Joint Divorce, Uncontested Divorce, and Contested Divorce.
Joint Divorce
A joint divorce is when both parties file their application for divorce together. One spouse does not serve the other with divorce papers, and there is no defendant in the proceedings. While on the surface this may be viewed as the easiest and most economical type of divorce, if there are major issues or disagreements between the parties, a joint divorce may not be possible.
Uncontested Divorce
An uncontested divorce is initiated by a spouse that files a Statement of Claim for Divorce and then serves it to the other party. If the spouse that was served does not take any legal action, or if they file a Demand of Notice, the divorce is considered uncontested and may proceed without legal conflict. A demand of notice is a legal document stating that the individual does not contest the divorce; however, they request that all filed documents be served to them as well.
Contested Divorce
After an individual has been served with the Statement of Claim for Divorce, if they disagree with what their spouse has requested from the court, they may file a Statement of Defence or a Counterclaim for Divorce.
What is a Separation Agreement?
For individuals that are seeking a joint or uncontested divorce, a Separation Agreement is an alternative that would not require the parties to go to court. It is a document that specifies the terms for living apart while also taking care of their joint responsibilities. Common items that are covered in a Separation Agreement include:
- Child custody, visitation rights, health insurance, and support payments
- Spousal support payments
- Division of important assets
- Allocation of household items
- Each party’s responsibility for remaining debts
Due to the far-reaching ramifications of these documents, and because they affect both parties, they should always be written by a skilled family lawyer or divorce lawyer. Once the document has been drafted, it should then be reviewed by another lawyer to ensure that both parties are protected.
How Are Marital Assets Divided in an Alberta Divorce?
Any assets that are considered to be Marital Property or Matrimonial Property will be divided and distributed evenly to each spouse. Examples of matrimonial property include:
- Matrimonial home and recreational property
- Financial instruments such as stocks and bonds
- Bank account balances
- Pensions
- Insurance
- Vehicles
- Most forms of land or real estate
Other types of property may be exempt from division, such as any assets obtained before the start of the marriage, as well as certain gifts or inheritance given by a third party. It is important to note, however, that if any of the exempt property appreciated in value during the marriage that too may be subject to division.
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