Great discussion about divorce in general

If you want an overview of the divorce process both in Canada and elsewhere in the World visit this page about divorce from Wikipedia.

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How long does it take to get a divorce?

Many of our clients are in a BIG hurry to get divorced.  This is usually because they want to get married again and need a divorce first.  In Calgary the complete divorce process will be completed in about 6 to 8 months.  That is the time to prepare all of the documents and get them into the Court.  A Calgary divorce, once it goes to the Judge, can take up to five months before a Judge has time to sign it.  At Calgary Divorce we have a secret back door that can get your Divorce signed by a Judge within a couple of weeks, shortening the overall process to about three months.  How do we do this?  We won’t tell you, but just ask any other divorce provider if they can get a judgment back from the Court within a couple of weeks. They can’t do it, but we can.  Call us for more information.  Our phone number is (403) 560-8550 in Calgary or (780) 761-1277 in Edmonton. You can also visit our website for more info at Alberta Paralegal.  Talk to you again soon.  You can also email for more info at affordabledivorce@shaw.ca.

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Can I file an Alberta Divorce on my own?

We are asked by many of our clients if they can complete the divorce process themselves.  The answer is, of course you can.  The real answer, however, is why would you want to!  Going through the Court process on your own is like learning to rebuild the engine in your car just to fix your vehicle.  You will probably spend dozens of hours to educate yourself on the process of filing for an Calgary divorce.  You will have to make several trips to the Courthouse to file the documents. Along with waiting in line, getting through security and other things and then only to find out there is a mistake and you have to go back and redo the documents.  Many of our clients start the divorce themselves then retain us to finish the divorce because they don’t know how to proceed.  In some cases we have to go back and undo some of the actions they have taken, which costs them more than retaining us in the first place.  Before starting the process of an Calgary Divorce, please call us for more information and a FREE telephone consultation at (403) 560-8550 or visit our websites at Affordable Divorce Calgary or Affordable Divorce Edmonton. You can also reach us by email at affordabledivorce@shaw.ca.

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What if we can’t agree?

I always advise couples that they must make every effort to agree on the issues related to their pending divorce.  Most lawyers charge between $300 and $500 per hour.  That is almost $10 per minute.  Do you want two people charging these outrageous amounts to decide your issues?  Even if you win, you lose because of the cost.  I recommend that clients make every effort to agree on issues using trained mediators before resorting to lawyers.  Now don’t get me wrong, there is a time and place where you have to bite the bullet and get professionally trained divorce lawyers.  A paralegal or mediator who is honest with their client should be willing to advise the client to get legal advice when needed.  Our company has  several qualified divorce lawyers that we work with all the time who can step in if and when needed.  Do not hesitate to contact our office if you need to discuss your situation.  We are always willing to help you or give a referral to a lawyer if your issue requires legal advice.  We can offer professional mediation services to both parties at a reasonable cost.  This is only effective if both parties really want to resolve the outstanding issues. You can call us at at any of the numbers shown on the Alberta Paralegal website or email me at affordabledivorce@shaw.ca.  Also visit our website for lots of information on the issues related to divorce.  Our province-wide website is located at Alberta Paralegal.

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What if I can’t find my former spouse?

Sometimes you don’t know where your ex spouse is at, but you still need to get a divorce.  There is a procedure to allow this to happen.  First, you must make reasonable efforts to located your former spouse.  You must do searches on the internet, contact family and try to arrange for service.  If these efforts are not successful, then you can make an application to the Court for a procedure called “Substitutional Service”.  This allows a person to get instructions from the Judge as to what procedure to follow. The Judge may allow you to mail a copy to a family member, publish a notice in a newspaper where you ex lives, or other procedures suggested by the Judge.  This will allow you to proceed with the divorce and still satisfy the Court requirement that your ex has knowledge of the action.  For more information or a FREE consultation, please call us at (403) 560-8550 or email us at affordabledivorce@shaw.ca.  Please visit our website for more information about a Calgary Divorce.  We have offices across Alberta.  Please click on the links to visit our offices in Calgary, Edmonton, Medicine Hat, Lethbridge and Red Deer.

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Sole, Joint, Shared or Split, which custody arrangement is best for me?

This is often a dilemma for couples who are breaking up.  How do we describe our new relationship with the kids.  Here are the possible ways to describe how you approach parenting.

SOLE CUSTODY:  Is where one parent makes all decisions related to the children.  This parent does not need to consult with the other parent.  The Calgary  Courts will usually not grant sole custody unless the other party agrees.  If the other party disagrees then you will need considerable evidence to show why that parent should not be involved in parenting.  Unfortunately, not getting along with that person is not a valid reason.

JOINT CUSTODY: Is where both parents are involved in the decisions that affect the child.  This is the form that the Calgary  Courts like to see because it means that one parent is not being excluded from decisions made about the children.

SHARED CUSTODY: is where each parent provides day to day care for the children at lease 40% of the time.  Many times this will be on a week to week basis.  I have seen arrangements where the children move back and forth every three or four days.  If the parents choose shared custody the child support payable will be based on the difference in incomes between the parties.  It is not true that neither party will have to pay support as the Courts will still order support to be paid based on the difference in income.

SPLIT CUSTODY: This is an arrangement where each parent takes care of one child while the other parent takes care of another.  Once again, Courts will determine child support based on the difference in incomes.

For more information or a free consultation please contact us at Alberta Divorce.  You can call us at (403) 560-8550 or email us at affordabledivorce@shaw.ca.  You can visit our website at Affordable Divorce Edmonton.

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Do I Have to take Parenting After Separation Seminar?

If you have any children under 16 and you are filing for a Calgary divorce then it is mandatory that you take the PASS.  The one day course is designed to help parents understand their responsibilities to their children.  Basically, the course helps parents realize that they can’t use their children to find out about what the other person is doing or talk bad about the other party.  The only way you can be excused from the course is with an exemption granted by a judge or if you live more than 150 kms from a location where the course is offered.  The course is free and is usually offered on two consecutive evening of three hours or one six hour session on a Saturday.  For more information you can contact our office and we will email you more information.  You can call us at (403) 560-8550, email us at affordabledivorce@shaw.ca or visit our website for all of our Alberta office locations.  Our website is located at http://CalgaryDivorceServices.com.

In July the Court instituted a new online Parenting After Separation course.  The course is now offered exclusively online for most smaller areas.  It takes about three hours to complete the course and you will need to download and forward the certificate to our office so it can be filed with the Court.  You can register and complete the course by visiting the website pas.albertacourts.ab.ca.  Now that the course is offered online, most Judges will not grant exemptions to the parties.  You must plan on taking the course before you can obtain a divorce.

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What Court Do I Use?

I receive several calls each week from people who wonder whether they should file their matter in the Calgary Court of Queen’s Bench or in the Calgary Provincial Court.  In most cases you have an option.  If you are seeking interim orders prior to beginning the divorce process then you can file these matters in Provincial Court.  But once you have started your Calgary Divorce then it must be filed in the Calgary Court of Queen’s Bench.  Once the matter is in the Court of Queen’s Bench then you can no longer use the Provincial Court.  I suggest that you get some advice about which Calgary Court you should use or if you need iterim orders before filing for divorce it is usually less expensive to obtain these in the Calgary Provincial Court before starting your divorce.  In most cases we suggest that you will need legal advice before making these kinds of decisions.  Since we are not lawyers but rather highly trained paralegals we suggest you obtain legal advice about these types of decisions.  We are always happy to give you basic information and refer you to a lawyer that specializes in family law if you need to obtain these types of orders before obtaining a Calgary Divorce.

Even if you need a lawyer for some of these preliminary orders, you can still proceed with a Calgary Uncontested Divorce once these matters have been decided.  If you and your former spouse agree you can thene proceed to use our company to obtain a Calgary Divorce.  As always, you can call us at (403) 560-8550 to discuss your situation free of charge.  You can also visit our website at Edmonton Divorce Services to obtain more information about your situation.

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New Rules for Out of Country Divorces!

If your ex spouse does not live in Canada then you need to read this information.  The new Alberta Rules of Court say that all divorces where the former spouse does not live in Canada must first file for an Order for Service Ex Juris.  This is a change from the old procedure where we had permission to serve without the express order of the Court.  This means that once the divorce is filed, it will be necessary to submit an application to grant the order before the documents can be sent out of the country to be served.  We are familiar with the pprocedure and paper work needed to obtain the order but it does take some time and means more Court work is required.  We do change an extra fee for obtaining this order, but our fees are much lower than a lawyer will charge to get the order needed.  We process about 60 foreign divorces in a year through our offices.  We are very good at getting this done as fast as possible. For any further information related to a Calgary Divorce, pleas contact our office by phone at (403) 560-8550 or visit our website at http://CalgaryDivorceServices.com.  We look forward to being of service to you throughout your divorce.

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