The Family Court System in Alberta: Fact v. Fiction
If you are considering divorce it’s more than likely you have confined in a friend or family member. Our Calgary based divorce lawyers caution clients to take all the advice they receive with a grain of salt. Every divorce is unique and there are many paths you can take to reach a final divorce judgement. As such, what works for one couple may not work for another. In this article we debunk the top 5 myths we hear from our clients.
It’s Going To Leave You Bankrupt
There is no denying divorce is expensive. However, there are many options for resolving your dispute and reaching a final agreement outside of court. Some dispute resolution options are much cheaper than others. For example, collaborative divorce methods tend to resolve issues faster and thus, cost much less than litigating and going to trial. Mediation and arbitration or a hybrid of mediation with arbitration have become extremely popular with those hoping to divorce in an amicable and more affordable way.
Your Children Will Hate You
The days leading up to telling your children about divorce are said to be the hardest part of the entire process. However, many parents claim that once the initial conversation has wrapped up and everyone has time to adjust to their new situation, it’s rarely as bad as they thought it would be. Children are known for being extremely resilient. Yes, they will be upset and depending on their age show signs of aggression, disappointment, anger and sadness. However, many studies say children of divorce, who are not exposed to on-going conflict, will grow up to live fulfilled and happy lives.
Women Always Win Custody Court Battles
In reality, the Court will always look to the best of interest of the child. This means the Court will look to the parent who can provide the “greatest possible protection of the child’s physical, psychological and emotion safety”. Factors to be considered are: the status quo (looking at the child’s care history), the parent’s willingness to cooperate and communicate about the child’s needs, instances of family violence and, but not limited to, the child’s wishes. In an amicable co-parenting situation, joint custody may be awarded. This means both parties share the responsibilities and decision-making abilities about the children.
Initial Consultations Always Result in Retainers
Our lawyers meet with dozens of potential new clients each week. They do not go into the initial consultations expecting you to retain – and neither should you! During initial consultations lawyers will review your specific situation and provide legal advice, as well as, what your next steps should be. You are under no obligation to retain at the conclusion of the meeting. We encourage our clients to take as much time to think about the information provided in the initial consultation. We can provide a retainer agreement for you to take home and review if you do not feel comfortable signing on the spot. Finally, we encourage clients to seek a second opinion if they wish to learn more about their situation from another perspective.
The Court Will Force You To Sell Your Home
The idea of selling your family home can be very emotional for many people. Often, couples do opt to sell the home as they find it necessary to downsize when living off a single income. However, this is not always the case. The Matrimonial Property Act governs the division of matrimonial property during a divorce. Generally, when a marriage ends the matrimonial home is divided equally. In amicable situations one party may opt to buy out the other to allow them to stay in the home. If the situation is high conflict and both parties refuse to leave the home, one may apply for an Exclusive Possession Order which would provide the court the authority to give exclusive possession of the home to one party.
If you are considering divorce and want to know the law (not the myths scattered on the Internet) connect with us to set up an initial consultation. Our skilled team of Calgary lawyers explain the law in a way that’s easy to understand and digest.