Alberta family law: The right and a not so right way to divorce

On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Monday, September 10, 2018.

There is no road map for marriage and so, there is no road map for divorce, either. But Alberta family law sets out the rules that govern the legal uncoupling of a marriage. It doesn’t, however, stipulate how a couple should act toward each other during the divorce process. But there is one a separating couple can do to make a tenuous situation more tolerable and ultimately less painful: treat each other fairly.

That may be difficult to do since couples who are divorcing are often doing so because they haven’t always treated each other compassionately and fairly. But ending a marriage on a proper footing emotionally and financially may help the couple move ahead as individuals. When former spouses continue to bash each other, it weakens the dignity of each individual, not to mention the negative effects it could have on any children.

The reality is that many couples will have to navigate the rough waters of divorce considering that there are about 71,000 divorces in this country alone every year. That translates into more than 40 per cent of marriages ending. That is a lot of potential negative emotions and a lot of potential financial chaos, so ending a marriage amicably, if at all possible, may avert the necessity of the parties battling it out in court.

When individuals have a lot to lose in terms of assets, each might do well to discuss the possibilities with his or her own family law lawyer in Alberta. A lawyer may be able to diffuse possible volatile situations by explaining how the laws work and how they pertain to a client’s case. When issues become clearer it may be easier for a couple to part ways with less stress and with an eye toward the future.

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