Divorce Law

EXPERIENCED DIVORCE LAWYERS IN CALGARY

A separation or divorce can be one of the most traumatic and stressful periods of anyone’s life. This is especially true if children are involved. If you are seeking advice and legal representation from a divorce lawyer in Calgary, First West Law can help. We take a compassionate approach in working with couples to legally dissolve their marriage or form an agreement. We understand that emotions run high during times like these. You can rest assured our family lawyers will have your and your family’s best interests at heart. If you’re looking for a divorce lawyer who will help you get a fresh start on life, schedule a consultation with the team at First West Law today.

OUR APPROACH FOR CALGARY DIVORCES

When assessing each relationship breakdown, our approach focuses on the unique nature of every relationship. Everyone’s situation is different, and it is essential to consider how best to deal with the end of your marital or common-law relationship. Some crucial elements to consider for Calgary family law matters include:

How long were you with your partner?

This starts when you first live together and start carrying on your lives as a combined enterprise. Thus, the longer you’ve been with someone, the more intertwined your lives are, which generally means there will be more unique aspects to consider.

How many assets do you & your spouse share?

Some relationships are built on financial independence, whereas others take a more team-oriented approach to building wealth. It’s essential to know what and how much you and your partner shared to figure out what you’ll be taking with you.

How did you & your spouse live your life?

Did you both work? Did you share the household tasks equally, or was there an understanding that you would divide things a certain way?

How many children do you have? How old are they?

The law seeks to establish a separation that is in the children's best interests and defaults to equal time between the two parents, so long as it is in the child's best interests.

Are there any other special considerations?

Every family is different, and sometimes there are unique circumstances– such as a medical condition– that must be considered to understand your marriage truly.

An assessment of the above factors, among others, will give us a good idea of your marriage's dissolution. After this assessment, the focus will shift to assisting you in making as smooth a transition as possible to your new life. There are various options available, including settlement, mediation and litigation. Our divorce lawyers in Calgary focus on developing a solution that fits your situation. Having a lawyer by your side can be helpful in the following ways:

• Understanding legal processes
• Processing divorce procedures faster
• Acquiring child custody
• Negotiating an agreement

Don't hesitate to reach out for more information. We also provide legal services for cases related to personal injury, real estate, business law and more.

THE DIVORCE PROCESS IN ALBERTA

At First West Law LLP, we can provide you with complete assistance on the legal processes related to obtaining a divorce in Alberta. If you have been contemplating a divorce, here’s what you need to know.

THE THREE GROUNDS FOR DIVORCE

As per the Divorce Act, these are the three legal grounds for divorce:

Separation: When you and your spouse have lived apart for at least one year, you can then file for a divorce on the grounds of separation.

Adultery: Adultery must be proven in court through evidence or an affidavit signed by the person committing adultery.

Cruelty: When your spouse engages in physical or mental cruelty to you, including violence, verbal abuse, drug use or drunkenness, you can file for a divorce.

UNCONTESTED DIVORCE

An uncontested divorce is where the issues related to custody, parenting and support have been settled without the court's intervention.

In cases of an uncontested divorce, both parties work together to reach a mutually agreeable settlement regarding the dissolution of their marriage, including key factors such as:

Grounds for divorce
Division of marital assets
Custodial arrangements for children
Visitation rights for the non-custodial parent
Spousal support
Child support

Even in uncontested divorces, it is advisable to seek the guidance of a lawyer. This is because some seemingly uncontested divorces may develop disputes over time and having legal representation can help prevent such issues.

Furthermore, a lawyer ensures that any agreements reached between the parties are acceptable to the Court in Alberta, providing peace of mind and legal validity to the settlement.

We can assist with the instructions and formalities in an uncontested divorce. Call us to schedule an appointment at our divorce lawyer Calgary firm.

SEPARATION AGREEMENT

If two individuals are married or in an 'adult interdependent relationship' but begin living separately, they might become separated. A 'separation agreement' is a contract between the two separating or divorcing parties, which addresses the terms of the end of the relationship. It doesn't initiate the separation, but it records how you and the other party will handle your mutual affairs, including parenting, spousal support, property division, etc. While a separation agreement isn't necessary, it helps parties avoid acrimony during separations and divorces. It has numerous benefits, such as:

It helps you and your partner work on key issues, and speeding up your divorce process.
It provides evidence of the discussions and agreements between you and your partner.
It helps avoid potential disputes and misunderstandings over issues affecting your children.
It is enforceable in court, which will ensure your partner doesn't evade the terms of the agreement.

A separation agreement is a complex document that is the basis of your divorce decree. It should cover all the crucial factors affecting the future of your family. Our experienced divorce lawyers can help you draft a separation agreement to protect your interests.

OUR AREAS OF EXPERTISE IN FAMILY LAW

At First West Law LLP, we can provide comprehensive legal assistance on separation and divorce matters. Our experienced divorce lawyers can provide you with valuable legal advice on matters such as:

Marital property division - Our experienced divorce lawyers in Calgary can assist you with marital property division with customized solutions, whether your situation demands arbitration or mediation. With the help of a lawyer, you can ensure that the final agreement is legally enforceable and represents your rights. With changes in the Law, even two unmarried adult interdependent partners can claim property division.
Child and spousal support - Child and spousal support are complex issues dependent entirely on situational factors. After a divorce, the parent who doesn't reside with the child might have to pay child support. At the same time, a spouse who is in 'need' might be eligible for spousal support. Whether or not an individual qualifies for these payments and the amount is determined by considerations unique to your situation. Oversight on your part can affect your child's financial security and education. For this reason, dealing with these two aspects of your divorce necessitates the aid of a lawyer.
Child custody - In simple terms, child custody determines who is primarily responsible for the children after a divorce. Child custody agreements center around the best interests of the child. They evoke considerations such as which party can best meet the child's safety requirements financially, emotionally, physically and psychologically. There are four types of custody:
- Sole custody:
- Joint custody
- Shared custody
- Split custody

Drawing up a parenting plan by yourself can lead to problems impacting your child's future. Our lawyers can ensure their welfare and your interests as a parent are adequately represented in the parenting plan.

DIVORCE IN CALGARY

Being a family-oriented city, Calgary emphasizes fair treatment in family law matters, and the courts take special care to ensure equal treatment for both parties. Our dedicated team will go the extra mile to ensure our clients' satisfaction throughout the Alberta divorce process. With our divorce lawyers in Calgary, you can expect the best legal advice to navigate through this challenging time. We have successfully helped numerous families find practical and effective solutions for their divorce cases over the years.

While Calgary is known for its beauty, sometimes unforeseen circumstances require access to experienced law firms in the area. Our trustworthy lawyers will guide you through the Alberta Courts procedure efficiently and cost-effectively. If you need guidance on divorce cases, separation, or family law matters, reach out to one of our divorce lawyers today for a confidential discussion and personalized advice.

SCHEDULE A CONSULTATION WITH A CALGARY DIVORCE LAWYER

Contact our divorce lawyers in Calgary today to schedule a consultation. We can help you navigate the legal process during this challenging time and help you reach solutions for your divorce and family law obligations. Whether you are preparing to file for a divorce or have been served with divorce papers, we will advise you on your situation.

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