Understanding the Divorce Process in Alberta

In Alberta, the process of obtaining a divorce typically involves several stages, including negotiation, mediation, and various forms of dispute resolution, such as arbitration, judicial dispute resolution (JDR), binding JDRs, and, in some cases, litigation. We've provided a brief overview of each stage to help you understand what to expect:

• Separation: In most cases the spouses must be separated for at least one year before a divorce will be granted by the Court. This period of separation allows for reflection, negotiation, and resolution of outstanding issues.
• Negotiation: During the separation period, both parties will work towards resolving issues such as child custody, parenting, support payments, and property division. Our skilled divorce lawyers will help you negotiate and draft separation agreements that protect your interests and ensure a fair outcome.
• Mediation: If you and your spouse cannot reach an agreement on certain issues, you may choose to participate in mediation, where a neutral third party will help facilitate discussions and guide both parties towards a mutually acceptable resolution.
• Alternative Dispute Resolution (ADR) Options: If negotiation or mediation fails, there are other dispute resolution methods available, including arbitration, judicial dispute resolution (JDR), and binding JDRs. These methods provide an alternative to going to court and can often lead to a faster and more cost-effective resolution.
• Litigation: In cases where an agreement cannot be reached through negotiation, mediation, or other dispute resolution methods, it may be necessary to take the matter to court. Our experienced family lawyers will represent your interests in the courtroom and advocate for the best possible outcome.

Our Separation & Divorce Services in Calgary, Alberta

At FC&Z Family Lawyers, our Calgary divorce lawyers are committed to providing comprehensive legal support throughout the entire divorce process. Our separation and divorce services include:

• Legal Advice: We'll provide you with personalized legal advice to help you understand your rights and obligations during the separation and divorce process.
• Negotiation & Mediation: Our skilled negotiators will work with you to resolve outstanding issues, such as child custody, support payments, and property division, through negotiation or mediation.
• Alternative Dispute Resolution: We can guide you through various ADR options, such as arbitration, judicial dispute resolution (JDR), and binding JDRs, to help you achieve a satisfactory resolution without resorting to litigation.
• Drafting Separation Agreements: We'll help you draft a legally binding separation agreement that addresses all relevant issues and protects your interests.
• Court Representation: In cases where litigation is necessary, our experienced family lawyers will represent you in court, advocating for your rights and the best possible outcome.
• Post-Divorce Modifications: If your circumstances change after your divorce is finalized, we can help you seek modifications to your separation agreement, parenting plan, or support payments.

The Alberta Family Law Court System

In Alberta, family law matters are typically handled by two courts: the Court of Justice and the Court of King's Bench. The Court of Justice (formerly the Provincial Court) has limited jurisdiction over certain family law matters such as custody, access, child support, and partner support, while the Court of King's Bench may also deal with these matters and in addition has exclusive jurisdiction over matters related to divorce and property division. There are important strategic considerations to bear in mind before commencing an action either court. Our knowledgeable divorce lawyers in Calgary are well-versed in the Alberta court system and will help you navigate the legal process with confidence.

Trust FC&Z Family Lawyers to Guide You Through Your Divorce

At FC&Z Family Lawyers, our dedicated team of Calgary divorce lawyers is committed to providing compassionate, personalized support throughout your separation and divorce journey. We'll help you navigate the complexities of the Alberta family law system, protect your interests, and advocate for your rights. Contact us at 1-866-245-9829 or book your free 15-minute phone or video consultation online.

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