Will I Have to Go to Court to Complete My Calgary Divorce?
February 7, 2017
Divorces aren't easy on anyone. You're separating from someone who at one time you planned on spending the rest of your life with. In addition to the emotional stress this can cause, you have to deal with all of the practical and financial aspects of a divorce. While many people in Calgary come to the decision that their lives will better after their divorce, it isn't a decision anyone makes lightly.
Once the decision is made, though, it makes sense to make the divorce process as easy as possible. Partnering with an experienced Calgary divorce lawyer should be your first step in making this happen—not only will you receive professional advice from someone who deals with Calgary's divorce laws on a daily basis, but you'll also be able to hand off most of the paperwork and often-frustrating tasks that are part of the official divorce process. Your lawyer will also be able to help you make other decisions regarding your divorce that can ease the process and get you on firmer footing for the future.
For instance, whether or not you will need to go to Court is a common question that comes up in Calgary divorces. Your lawyer will be able to explain that court might be necessary depending on what you and your ex-spouse are willing to agree to, but that Court can also be avoided in many divorces without limiting your rights. In many Calgary divorces, avoiding court by using Alternative Dispute Resolution (ADR) tends to be the easiest, fastest, and most affordable way to finalize your divorce.
While no one can tell you with certainty whether or not your divorce will ultimately need to go to court to achieve the best possible outcome, here are some things you and your Calgary divorce lawyer will likely consider and discuss.
In a Divorce, Children are the Court's Primary Concern
If there are children involved in your divorce, it is somewhat more likely that you will need to appear in Court at some point in your divorce. Under Calgary's divorce laws, ensuring your children's welfare is the Court's primary concern, and a judge may question the support/custody agreement you reach with your ex-spouse. A judge can also approve child custody and support agreements without you needing to appear in court, though, and ADR is still worth pursuing regardless.
More Property Tends to Mean More Complicated Calgary Divorces
In the eyes of Calgary's divorce laws, a divorce is basically the dissolving of a legal partnership. The more property and assets there are involved in that partnership, the more considerations there are when it comes to ensuring each partner leaves the partnership with a fair share. That means there is more for a judge to review, and it also means there is more potential for disagreement between you and your ex-spouse that may not be resolved in ADR, and that can make court a necessity. Again, though, each divorce is unique, and court can still be avoided even in complex cases.
Contact a Calgary Divorce Lawyer With Your Questions Today
For answers to specific questions regarding your unique divorce, please contact our experienced Calgary divorce lawyers today.
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