What are the best places to start when you’re looking for a Divorce Settlement?

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Written By AndrewPerry

Founded in 2015 by a group of passionate legal professionals and enthusiasts, FlowingLaw started as a small blog. Today, it's a thriving community where ideas, expertise, and legal advice flow freely.





What are the best places to start when you’re looking for a Divorce Settlement?

It can be difficult and frightening to consider divorce. People often don’t know where to begin or when to consult a lawyer. Once you are certain that you want to pursue a divorce, it is a good idea to get information and to speak with a lawyer to start the divorce process.

Get information in advance of seeking a divorcement

When you consider starting the divorce process, it is important to have as many details as possible. Your lawyer can give you better advice. It is vital to find out what you own and what you owe your spouse. It is also important to collect as much information possible about exemptions. These are assets that were transferred into the relationship or inherited during the marriage. Also, what happened and whereabouts of those assets. You’ll also want to collect information about your income as well as your spouse’s. This information will all be made public during the legal process. However, you will benefit greatly if you have as much access as possible to this information when you seek legal counsel. Spouses sometimes try to conceal assets, so it is important that you have statements from as many accounts and bank accounts as possible.

Talk to a Family Lawyer before you start thinking about divorce.

A Family Lawyer will provide you with general information on divorce, Alberta law and what your rights would be in the case of divorce. A lawyer will be better equipped to provide you with advice specific to your situation if they have more information. A lawyer will be able to advise you about what additional information you will need to gather, what options are available for you to proceed with a divorce, and what preliminary steps should you take to ensure your safety. You can make informed decisions on whether or not you want to pursue a divorce by speaking with a lawyer.

Start the divorce process

The lawyer should be involved in a discussion about initiating the divorce. You may find it easier to discuss your plans to divorce with your spouse. In other cases, the lawyer may contact your spouse directly. Talking to a lawyer should help you decide how to proceed if you intend to start the divorce proceedings. A good outcome for all parties is an amicable separation. A peaceful divorce is one that both spouses can accept. Your lawyer can advise you how to proceed with seeking a divorcement if that is not possible.

Uncontested Divorce

There are many options for a divorce. Sometimes, both sides agree to divorcing and sometimes, one side requests to be separated to their surprise. It doesn’t matter whether either party wants to divorce the other, they can still apply for it. A uncontested divorce occurs when both parties agree on the way to resolve all outstanding issues.

Each family has a different number of issues that need to be resolved before receiving a divorce. If the children of the marriage are still children pursuant to the Divorce Act they must be remediated. The issue of child support must also be resolved before the divorce can be granted. A court may grant a divorce to one of the spouses if they have property or spousal supports (also known to as alimony).

If the parties reach an agreement on all these issues, they can file for an uncontested divorcement. Uncontested divorces are usually cheaper and more efficient than litigated ones. It is possible to settle any remaining issues without further negotiation. They also avoid having to resolve any issues in court. Although uncontested divorce is possible, it can be difficult. To ensure you are fully informed about your rights, legal advice should be sought before you file. You may lose the right to bring a case against your ex-spouse if you discover that you have not received all the benefits you are entitled to.

If you and/or your spouse cannot resolve all issues, you can engage with lawyers or mediators to help you both resolve them and get you on the right path to a fair and timely divorcement.

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