Benefits of Divorce

Sure, being divorced may not be a conventional position to be in, but Divorce Lawyers in Calgary and around the world all agree that if a marriage is no longer healthy then there is no point of staying in it just for the heck of it, or just so people would see that you have a seemingly “perfect” marriage. In fact, getting out of a marriage that is no longer working is extremely beneficial for you.

Why Divorce is good for you

   - If you feel like your marriage no longer helps you grow as a person and that it no longer makes you feel at your best, it’s time to let it go. Here are some of the benefits that you’ll get once you get divorced with someone that you no longer love:

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•          You will be stronger. A divorce may seem like a strong storm but you can get past it and you can be a better, healthier and stronger person. Trials will only make you realize that you are not a frail person—which would do wonders for your confidence.
•         You can now be in control of your life. You’ll have no more worries about what your partner would say or about what your circle of friends as a couple would say about your decisions or about who you are. You will learn how to be independent again and make decisions based on what you feel and based on what you think is right    
•     You will know better. You would no longer allow other people to step on you, or to make you feel less than who you are. This time, you will be more cautious about who you should trust and about which of the people around you are worthy to be allowed to enter in your life.
•      You will grow as a person. While losses may be sad at first, after the initial shock, you will understand that there is a reason why you had to lose some people and why you have to still move on with life. Losses and pains would help you grow as a person and will help you understand that there’s so much about the world that you still have to learn.
•     You’ll have more time for yourself. It’s time for you to focus on yourself again and become the kind of person you have always wanted to be. It’s time to focus on your passion and start achieving your dreams. In other words, it’s time to rebuild yourself and rebuild your life.

    An open-minded world

Calgary Divorce lawyers, as well as Divorce lawyers everywhere agree that people are more open-minded these days. The times when divorcees were considered as shameful to society are long gone and now, people understand that there are reasons why marriages don’t often last till forever. Let go of your fears and inhibitions and start seeing life with a brand new set of eyes again. Divorce is not the end of life—it is merely a new beginning for a better, brighter and happier life so don’t be scared. 

Hiring a Certified Divorce Financial Analyst

One of the most challenging aspects of a divorce in Edmonton is dealing with the financial issues involved. Many times, lawyers may deal with the legal issues without considering the financial impact of the divorce, and this can seriously impact the financial situation of the divorcing spouses later on. This is why you should consider consulting with a certified divorce financial analyst early in the process, even if the divorce is relatively amicable.

A certified divorce financial analyst is a professional who helps one of the parties achieve an equitable divorce settlement using his knowledge of asset distribution and tax law. A CFDA must have at least two years of financial or legal work experience and must pass an examination given by the Institute for Divorce Financial Analysts. It should be noted that the CFDA is not intended to supplant the services of a lawyer or negotiator; rather they work in conjunction with these professionals to ensure that any settlement reached is financially fair.

In addition, they will also look at the long-term implications of the settlement to ensure that it will not have any negative impacts down the road. For example, how will the division of assets affect the spouses’ pension once they retire? How will their financial situation be affected?

How a CFDA Can Help

The CFDA can ease the mind of their clients by explaining the financial implications of the divorce in Edmonton so that he or she can make informed decisions during the proceedings. In addition, the services of a CFDA are valuable, not just during the actual divorce process, but also in the aftermath of divorce, when the separated party is starting to pick up his or her life. For example, the CFDA can help a client draw up a budget that will help them deal with expenses such as health and life insurance costs and cost of living expenses during the post-divorce period.  

One valuable service the CFDA performs is to give their client an accurate view of what their financial situation will be after the divorce. There is often an expectation from the client that their lives will continue the way they were before the separation. Unfortunately, the divorce often takes a high financial toll and the client will have to adjust their standard of living accordingly. The CFDA will advise them on what adjustments need to be made to ensure a healthy long-term financial future, not just for them but also for their children.

Hiring a CFDA

When you are engaging the services of a CFDA to help you with your divorce Edmonton you should not only look at their qualifications but also how comfortable you are with them, since you will work closely together on many sensitive and highly personal issues. So you should take the time to interview them to see how they can help you. During the interview you should ask them about the types of clients they primarily handle as well as the other services they may provide such as financial planning. In addition, you should also ask them for a sample financial plan that they have drawn up for a client which would give you an idea of what to expect.  

5 Common Types of Divorce

Getting divorced only means one thing anywhere in the world, and that is to get out of a marriage at the most advantageous position possible. However, there are different types of divorce that also entail different processes and divorce documents to be submitted.   On almost all territories, the court of law is the one in-charge of deciding and formalizing the divorce. Nonetheless, requirements vary and depending on your circumstances, it might be wise to consult a lawyer first before directly filing to the court (Canadian court allows direct filing if not classified as contested divorce).

Here are the five most common types of divorce that you will surely be placed under.

Contested Divorce

This means that both parties have not reached a mutual decision regarding separation of rights (e.g. child custody, visitation, properties, alimony, etc.) and the separation is not identified as amicable. In this case, a judge holds the outcome based on evidences and testimonies presented on court. Since Canada’s Divorce Act do not cover such contests, either of the applicants will be required to file another case under family property statutes.

It is more expensive and takes longer before decision. However, this is often the only option to balance both parties’ rights.

Uncontested Divorce

Nine out of 10 divorce cases filed in Canada are classified as uncontested, meaning both parties reached an agreement. The preparation of divorce documents is easier under this type because no divorce attorney is required. It will definitely be cheaper, faster and easier not only for the estranged couple but for the child as well.

Even if both parties started contesting each other’s claims, a mediator will still try to guide them into an agreement, as family courts try to avoid trial as much as possible.

At-fault Divorce

This was extremely popular among divorcees in Canada during the 60s and 70s. However, as no-fault divorce became enacted, it has just become a secondary option only. Under this type, either party needs to present evidences and proofs that the other party is at fault of the dissolution of marriage, all for the purpose of possessing most qualified rights, like child custody and property management.

In Canada, this is only applied under court to settle allegations and decide on offenses.

No-fault Divorce

In the US and Canada, this is now the most prevalent type so as to preserve the rights of the couple’s child/children. Under this type, the court still decides on the division of rights and properties either through a mediation or formal court setting if the couple will not reach a decision. However, no proof of fault will be taken into consideration when coming up with the decision.

Because minimal divorce documents are required under a no-fault divorce, it can be taken care of even just through online proceedings.

Collaborative Divorce

This is a more complicated type where couples try to reach a resolution with the assistance of professionally trained collaborative divorce lawyers. These lawyers can no longer represent either party on a contested divorce trial. Nonetheless, the procedure will be very in-depth and complex.

How to Prepare for a Divorce

Divorce is an emotionally and financially difficult phase of ending a marital partnership and starting a new chapter in life that is essentially evitable but realistically inevitable for many couples. The decision does not come offhand because with the significant life changes and expenditures involved, the decision is far from being minor. Entering a divorce is riding a roller coaster ride, and you need to be as prepared as you can be.

Mustering all the courage you can get is not enough because divorce is not merely emotional; it is legal and financial – things that are all true and are bound to take place.  To ensure that you are prepared to face the huge challenges ahead, here are five ways to prepare for a divorce.

1.      Discuss terms with your spouse

Many couples avoid this, but this can cut the time, money and emotional burden involved with it if you can settle amicably. If both sides have come to a mutual decision, why not file together and just get a mediator that can assist you when it comes to discussing asset and possession division, child custody, child support and possible alimony, and the most immediate concern of all, who will leave the house.

Amicable settlement does not require hiring Canadian divorce lawyers, and you will definitely need the money you will save for finally going solo.

2.      Keep copies of all important titles and financial documents

Dividing properties, possessions, ready cash and liabilities is often the dirtiest part of getting divorced. Your spouse might try to hide and take as much assets as possible, especially when the other does most of the work to begin with. However, that is not how the law works.

Be proactive by safeguarding copies of potential evidences that can give you your fair share. Discreetly collect income tax returns, bank statements (for personal and joint accounts), liability records (including all debts), credit card statements, receipt of past payments and mortgages, insurance documents and if possible, records of illicit expenditures that can prove infidelity. Basically, you need to specifically list down things that you own and things that you owe.

Avoid deliberately hiding them from the court, though, because hiding anything important can make you appear the evil spouse. In the end, the court may not decide on your favor.

3.      Save in a new bank account

All your money as a couple cannot finance the divorce proceedings, especially if you are the one who first filed the divorce. You will have to pay Canadian divorce lawyers, court fees, filing fees, documentary payments and a lot more as the legal procedure continues. Do not expect your spouse to pay for them using your contested joint accounts, so save as early as you can.

4.      Identify things you can afford after a divorce

Using your available cash, existing salary and debts, you can identify liabilities that you can continue to afford, such as phone bills and club memberships. Cut off those you cannot sustain before filing for divorce, so that when the time comes, you will be free from most of your financial burden.

You credit history practically needs to be rebuilt. Usually, women experience more problems with their credit records, making it more difficult for them to make a loan or buy expensive things using credit cards because statistically, men earn more than they do, so joint credit record usually favors men. Start fresh, and you can do that smoothly by dropping unnecessary burden on your shoulder.

5.      Stay in the house

The biggest mistake of a divorcing spouse is leaving the house…and kids! When you leave, you leave the financial and moral responsibility to your spouse. The person who carries all the responsibility often receives the most favorable decision.

Even if it hurts, stay. It will not be long until you make things legal.

What If Your Spouse Contests Divorce?

Some divorce cases are so smooth. In Alberta, the collaborative law for Calgary divorce is a very common tool for soon-to-be ex-spouses to come to an agreement. The collaborative process requires transparency, fairness, and cooperation. Unfortunately, not all spouses are willing to cooperate that’s why some cases become extremely unpleasant. One wants a divorce, but the spouse refuses to give it. There are many reasons an individual refuses to give divorce to his/her spouse. We will no longer go through them. Instead, we will discuss what to expect when you want a divorce but your spouse refuses to give it.

Contested and Uncontested Divorce

There are two types of Calgary divorce, namely, contested and uncontested. The former is when your spouse refuses to give what you want – divorce. The latter is when your spouse agrees with the divorce, which means no problem in the legal process. The contesting of divorce can be regarding the divorce as a whole or one of its grounds. For instance, some individuals will contest the divorce for the ground if this can damage their reputation (e.g., adultery or physical cruelty). Others contest divorce because of custody, division or property, and financial support. An uncontested divorce usually takes only a few months, particularly if the divorce is due to separation of more than a year.

Good News: You Can Still Get a Divorce 

In Calgary and other areas of Alberta, agreement or cooperation from your spouse is not necessary to proceed to getting a divorce. It does not matter if your spouse refuses. However, the process will be lengthy and complicated. Refusal and resistance only cause delay. You wanting a divorce is enough provided that the ground for divorce is valid.

So what are valid grounds for divorce? There are three. First is the period of separation. Not living together for more than a year is ground for divorce. Second is cruelty, that is, physically or mentally. If your spouse abuses you physically or mentally, you have a greater chance to get divorced despite your spouse’s refusal. The third ground is misconduct, such as adultery. Nonetheless, the last two are uncommon because individuals with an abusive spouse or one who committed adultery tend to live away from their spouse. They tend to have lived separately for more than a year by the time the judge is due to determine if the cruelty or adultery allegations are true.  

Bad News: Contested Divorce Has No Certain Time frame

Resistance of the other party causes delay. Unfortunately, you cannot be divorced until all issues are resolved. If your spouse contests the divorce, be ready for negotiations although you don’t have to give him/her everything he/she wants. An experienced lawyer can advise you regarding the best action for contested divorce.

FYI: Legal Separation Is Another Option

Divorce and legal separation are two different things. Divorce separates you from your spouse and changes your marital status. It is requested when one thinks reconciliation is impossible. By contrast, separation is when a couple decides to live apart from each other. It can be legalized through a contract that details the rights and obligations of each other.

Grand Prairie Divorce without the Expensive Attorney Fees (True Story)

A friend of mine just got divorced. Guess what he told me? He said, he got divorced for less than a thousand bucks and this is inclusive of court fees. Anybody reading this who has previously filed for adversarial divorce will probably tell you that it’s impossible. They’ll insist; the acceptance fee alone for a good lawyer is easily worth more than that. Heck, in some cases a thousand bucks only covers the consultation fee.

The following text is about to tell you differently, and with basis to boot. To be more specific, this story relates to Grand Prairie Divorce.

The 2010 Amendment

Alberta Canada modified its divorce law to allow joint filing. Refer to Alberta 2010 Rules of Court as Amended. This means that divorce no longer needs to be all out war between husband and wife. There’s really nothing to gain by asking everything but the kitchen sink. In most cases, it’s the lawyers who benefit, not you, nor your estranged spouse.

Joint Filing Divorce

Now, you can both appear before the court, tell the judge, “We tried our best but it didn’t work out. Please grant us a divorce”. The judge will ask you, if you have agreed to the terms of the divorce i.e. division of property, custody of children, who gets your beloved pooch, etc. If you say yes, and sign a document attesting to that fact, then you can be divorced within 6 months. In some cases, you don’t even have to appear in court, just sign.

Paralegal Services Only

No adversarial proceedings means, you do not need a lawyer to enter his/her appearance and argue in person or in paper. So why hire their services? Some experts will tell you, or previously divorced couples via adversarial proceedings, will attest to the fact, that a lawyer can even cause more misunderstandings, more hate, longer cases, etc. They might not do this intentionally (we hope) but the fact that you have someone who can advise you that it’s possible to “win in a divorce”, is like adding fuel to the flame.

Come Again, How Much Will It Cost?

Some providers like affordable-divorce.org charge as little as $900 for a Grand Prairie Divorce (joint filing). This is inclusive of GST, docket fees and other related court fees. Tip: look at the website address, it says .org. That is indicative of its semi non-profit roots. This means more bang for your buck.

Why Not Hire a Lawyer, Just in Case?

You have a point. That was also a question I posed to my friend. The answer is simple, your “just in case situation” means you are paying for a lawyer just in case they might be needed, without them lifting a finger as of yet. Make no mistake, when a joint filing Grand Prairie Divorce is presented to a law firm, usually it’s the paralegals that handle all the work.

Why not hire a professional paralegal service that can refer you to a lawyer, if that “just in case scenario arises. It’s virtually the same assurance. But, in this case, you only pay for the service you actually get.

Divorce Papers

A divorce can be a real sore, mussy, life changing effect and should be handled as such. There are a lot of ways to terminate a marriage and some of them can be a drawn out physical process that drags both parties through the clay before it is over. Then there are those who merrily end their spousal relationship and go about their split ways to never look back. How your divorce returns is up to you and your partner. While you can not incessantly command what the other person does, how you act will have a vast impact on the district attorney

Divorce papers are types of writtens document that break up partnership between two people. More often it is between husband and wife. It helps us to break  relationship very easily.

Some divorce documents are not filled correctly on it there are chances of disapproving your divorce letter. Today, online papers have guidelines to be followed while filing any form of divorce papers in Canada. Follow these directions carefully and you will get divorce easily. It saves money and time by providing all details rather than going for any Attorney.

Visit lawclaws.org, they sell professionally made divorce documents and they guarantee their divorce documents with a full court approval.