Clearing Up Confusion About Calgary Divorce Law
September 20, 2016
No divorce is truly simple, and many Calgary divorces have many complexities and entanglements that can cause a great deal of confusion. When you consider that the laws at work in Calgary divorces often aren't as black and white as people expect them to be, there's little surprise that there are several common misconceptions when it comes to Calgary divorces and how they proceed.
As one of Calgary's premier family law and divorce law firms, we here at GDE Family Law get a lot of questions about divorce law. We wanted to take a moment to clear up two of the most common points of confusion, and make sure that everyone in Calgary has access to the information they need. This isn't a substitute for working with a lawyer, and anyone with specific questions about their divorce should consult a Calgary divorce lawyer who has insight into their unique situation, but we hope these general answers will help eliminate some confusion surrounding Calgary divorces.
Infidelity in Marriage Does Not Affect the Outcome of a Calgary Divorce
While Canada's Divorce Act does recognize extramarital relationships—adultery or cheating, in the common parlance—as a grounds for seeking divorce, infidelity during a marriage doesn't affect the outcome of an eventual divorce agreement or decree by the Court. That is, the law does not award you a larger share of assets if your ex-spouse had an affair, nor does the law require you to give more to your ex-spouse if you were having an extramarital relationship.
The law and the Court view a divorce as the end of a legal and economic partnership, and their goal is to make sure each partner receives a fair share of the joint assets based on what each partner brought into and contributed to the partnership. The law doesn't establish fault for divorces, and Calgary judges aren't interested in finding it. There may be special circumstances in which behavior during a marriage affects the outcome of a divorce, but it is far from typical.
Hiring a Calgary Divorce Lawyer Does Not Preclude an Amicable Conclusion
Many divorces in Calgary are settled through Alternative Dispute Resolution or ADR rather than being fought out in a courtroom. When both parties to a divorce are willing to meet openly and come to a fair agreement, a divorce resolved through ADR is often faster, cheaper, and leads to a more beneficial outcome.
Some in Calgary are under the impression that hiring a divorce lawyer eliminated the possibility of ADR, however this is untrue. Both parties are not only allowed but encouraged to have their own lawyers representing their interests during ADR, meaning you don't have to trade an experienced advocate for a potentially expedited divorce.
Contact a Calgary Divorce Lawyer with Your Questions Today
If you have specific questions regarding your divorce, or if there are areas of Calgary's divorce laws that are unclear to you, the only way to get the answers you need is to speak with a divorce lawyer about your unique case. For an initial consultation, please contact our office today.
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