Spousal support in Alberta can be a very complicated issue as there are multiple steps and considerations to determining appropriate support, one of which is the “Rule of 65”. The Spousal Support Advisory Guidelines provide guidance for how Courts in Alberta will determine whether a party is entitled to spousal …
Divorce Disaster Recovery: Getting Relief to the Victims
The Fault Line. The Earthquake. The Fall Out Using a natural disaster analogy to describe divorce may seem needlessly theatrical. The most fortunate couples who end their relationship will do so amicably, collaboratively and with minimal trauma. However, many spouses indeed experience the ending of a relationship as an unmitigated …
Gender Inequity in Family Law: The Men, The Myth, the Urban Legend
Family Lawyers regularly encounter male clients who feel preemptively aggrieved by the judicial system. Some men’s advocacy groups would have you believe that court decisions in Family Law are unjustly and favourably skewed toward women. That perception is not reality. Parenting Issues When couples with children separate, the two key …
Family Law Triage: Emergency Room or Operating Room?
In the medical community, “triage” is the assignment of degrees of urgency to injuries to decide the order of treatment. Lawyers and Judges conduct their own version of Family Law triage to prioritize and resolve separating couple’s issues. Within the scope of the usual Family Law issues of Parenting Time/Decision-making, …
Parenting in a time of Pandemic
Along with the COVID-19 Pandemic have come court applications by parents seeking to change their parenting plans because of disagreements as to the other parent’s perceived lack of compliance with social distancing guidelines. A small but growing body of case law has generated common-sense principles that should be observed by …
The difference between Separation and Divorce
The difference between separation and divorce is largely a legal one. Separation can apply to both married and common law couples while divorce can only apply to married couples. While you may hear phrases like “common law divorce,” there is no such thing as a common law divorce in Alberta. …
You have just separated …. Now what do you do?
Immediately following a separation, it is normal to feel paralyzed as to what your next steps should be. As obvious as it may seem, the first step following a separation is determining that the relationship/marriage is actually done, and there is absolutely no chance of reconciliation. Once you and your …
Where to start if you are seeking a Divorce?
When someone is considering divorce, it can be a stressful and scary time in their lives. Often, people do not know where to start and when to speak to a lawyer. Once you have decided that you are ready to proceed with seeking a divorce, it is best to gather …
What are the alternatives to Court if you don’t agree?
There are alternatives to court if you and your ex are unable to reach an agreement after separation, which are broadly called Alternative Dispute Resolution (ADR). While it is typically cheaper for the parties to reach an agreement through negotiations, that is not always possible in which case these options …
10 Tips for Dealing With Divorce & Family Law Matters
The complexity of Divorce and Family Law matters can be an overwhelming challenge for any spouse. Although lawyers and judges have seen almost every version and variation of a divorce, spouses experiencing it for the first time encounter a steep learning curve. It would be oversimplified to distill such an …