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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