Sunday, November 3, 2013

Filing for Divorce Can Be Cheap!

Reality is, more and more couples are filing for divorce, and the government recognizes this fact. The problem is, under contested divorce proceedings, things can turn ugly. This is not to say the husband and wife are always antagonistic towards each other. In some cases, the adversary nature of contested divorce just brings out the worst in the spouses.
Uncontested Divorce
No longer is it adversarial. No longer is there a need to hire expensive lawyers. No longer does the divorce process get dragged on. No longer is there a need to air your dirty secrets for the court. No longer will you traumatize your children with your bickering over custody and property rights.
What is Uncontested Divorce?
This is a type of divorce wherein both parties agree to separate. There may or may not be a just cause for the divorce, but that becomes moot and academic. The only thing needed for the request to prosper is that both parties agree that there are irreconcilable differences that have led to a broken marriage.
The filing can be done separately, or jointly. In case of the former, you need to serve a copy to the other spouse. The other party has 1 month from service, to comply. In case of the latter, you both sign together or one after the other, without the need to wait 1 more month.
Other Matters
If you want to speed up the process some more, then you can just sign the Alberta divorce papers and leave other matters i.e. alimony, child support, property rights, custody, etc. for later. This way you can get the divorce papers processed ASAP, even if you are still negotiating with your spouse on other matters.
When Are Lawyers Needed?
You probably need a lawyer if the Alberta divorce you filed is a contested one. These are the cases that actually get heard in court. Both parties battle it out, and the lawyers are actually doing something for you such as preparing pleadings, prepping you for examination and cross, searching for evidence, etc.


Petition Preparers
These are usually comprised of paralegals. They have actual experience helping couples in finding the proper divorce forms, fill out the questionnaires, and file the same in court. These are the same individuals inside law firms who will assist you in filing.
To clarify, most law firms operate by letting the paralegal do the paperwork. Lawyers only step in when there is a need to appear in court, gather, present, and contest evidence, and file pleadings. If it’s just simple filing, the paralegals handle it.
Document Providers
The thing about divorce in Canada, is, the divorce forms differ from one place to another. As such, hiring someone to provide you with the proper forms can be necessary at times.
Tip: try to hire a document provider with a tier type service. This way, when you do read the forms and find out you need help filing it out, you can just add a service. If worst comes to worst, and you need a lawyer, you can get a referral as well. This way you pay only for what you need, and you get what you need from one provider only.


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