Regular Divorce with dependent children – Everything you need to know in Alberta.

Divorce is officially an end to a legal marriage. There are various reasons for divorce and Alberta has outlined few rules that must be followed to file a case here. You can refer to more details here.

One type of divorce is – Regular Divorce with dependent children. Here, one spouse does all the paper work i.e., prepares the forms, files the forms and serves the forms whereas the other spouse receives paperwork and cannot do anything unless they wish to contest. These forms that you need are available at Alberta courts.

Grounds of divorce in Canada:

 

Separation for more than one year

If you are separated for more than a year and one of you intends to be separated. The divorce law attempts to reconcile for upto 90 days without having to start the year over again. For instance, you got separated in August and then got back in January next year, and again got separated in February, you date of separation is still August. It is advisable to start the divorce process almost towards the close of an year. Also, according to the divorce law in Alberta, either of the spouse must be a resident in Alberta for one full year before filing a divorce case.

Mental of physical cruelty (by your spouse)

A spouse may choose to file a divorce in cases, they experience either a Mental or physical spouse from their partner. In these cases an evidence needs to prepared before moving to the court.

 

If you think that your relationship has problems and you fail to sustain it, you can prepare yourself to file a divorce case. Before that you must be aware of major documents that are required to file a divorce case.

 

Major documents required to file a Divorce case in Alberta :

1. Marriage Certificate:If married in Alberta, you can order a marriage certificate from the registry office. Marriage certificates from other provinces and countries are also valid.
2. Written Agreements:You are required to collect any formal agreement that you and your spouse had, as a support to the evidence.
3. Court orders:You will be required to produce a certified copy of any court orders, either from the court of Alberta or courts outside that deals with spousal support, child support or custody.
4. Photo: You will need a recognizable photo of your spouse. Incase you have a family photo, you can use that by clearly marking your spouse.

 

Steps in Desk Divorce Process:

1. Complete your statement of claim: This is the court form that informs the court and your spouse what is your intent out of the divorce. It mentions what you expect of the divorce.
2. File your statement of claim: File the statement of claim with the court of Queen’s Bench along with the filing fees.
3. Have the statement of claim served on your spouse: You must ensure that the statement of claim reaches your spouse. At this stage no formal agreement is required, unless they accept everything mentioned in the document. In case they don’t agree to some specific points, they can file for a contested divorce.
4. Set time for contested divorce: A specific time should be provided to the spouse so that they can file the forms.
5. Complete the Deck Divorce package: This includes the following :
   1. Noting in Default
   2. Request for Divorce
   3. Parenting after separation certificate
   4. Affidavit of applicant
   5. Child support calculation
   6. Divorce judgement
   7. Two stamped envelopes
6. File the Desk Divorce package : Once you have all the above documents in place, you can place each document in proper order and submit the package.
7. Clerks review documents: A designated clerk reviews all the documents before forwarding it to the judge. If there are any missing documents, you will be notified here.
8. Judge signs: Judge receives all the documents and makes the final decision for the overall case. Once the judge gives the decision, you can receive the judgement in the mail.
9. Get your certificate of Divorce: You can officially collect the certificate of divorce from any of the registry offices in Alberta.

 

As you might expect the divorce is exhausting process and can be emotionally disturbing as well. To avoid confusion and smoothly get through the divorce process, we strongly recommend you to connect with one of the divorce lawyers at Right Legal, in Edmonton, Alberta. Your lawyers can help you with right consultation and much needed support during the entire process.

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Spousal Support: Important things you must consider

Under the Federal Divorce Act, a spousal support is most likely to be effective when there is a difference between the incomes of two spouses’ after they separate from each other. However, there might be cases when a court may decide against this. In those cases, the spouse with the lower income will not be entitled to support. These may arise in case that spouse possesses a lot of assets or the difference in their incomes cannot be traced during their relationship.

Under the provincial law, in Edmonton, Alberta, a common-law partner may be eligible for spousal support from the other partner. This depends on the duration for which the couple lived together before getting separated. For example, a common-law couple must live together for two or three years before either partner for being eligible for spousal support.

Factors judges consider

It is an extremely important decision from the standpoint of both the partners. Therefore, Judges must consider a number of factors when deciding if a spouse should get support after a divorce. These factors include:

1. the financial means and needs of both spouses;
2. the duration of the marriage;
3. the roles of each spouse during their marriage;
4. the effect of the decision on both the spouses’ current financial positions;
5. the care of the children;
6. the goal of encouraging a spouse who receives support to be self-sufficient in a reasonable period of time; and
7. any orders, agreements or arrangements already made about spousal support.

Judges must also consider whether spousal support would meet the following purposes:

1. to compensate the spouse with the lower income for sacrificing some power to earn income during the marriage;
2. to compensate the spouse with the lower income for ongoing care of children; or
3. to help a spouse who is in financial need if the other spouse has the ability to pay.

 

At the same time, the judge must consider that a spouse who receives support has an obligation to become self-supporting, where reasonable.

More details can be found here.

Spousal Misconduct

There is no-fault divorce law in Edmonton, Alberta. This means the reasons for ending the marriage does not affect a spouse’s legal obligation to support the other spouse following a divorce.

 

Payment of both Child and Spousal Support

If either spouse is paying child support, the judge must also determine how a requirement to pay spousal support would affect child support payments. The Divorce Act clearly states that a judge must give priority to child support when a person applies for both child and spousal support. Both parents have an obligation to support their children.

You can connect one of our divorce lawyers now.

Our Divorce Lawyers at Right Legal in Edmonton, Alberta can help learn more.

 

 

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Why You Need Estate Planning in Edmonton, Alberta

Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.

— Benjamin Franklin, in a letter to Jean-Baptiste Leroy, 1789.

Death in some, if not all cases, is very uncertain. Few people plan their life for next 5 years, 10 years and some for life, even after death. Of all the things that go into planning is your real estate. Estate planning in Edmonton is about planning the distribution of your owned property among your heirs, caretakers and third party, at the end of your life. Estate planning can be done either by creating a will or a trust.

A Will is a document that :

1. Directs how your property will be distributed,
2. Appoints a legal representative to carry out your wishes, and
3. Names a guardian for children who are minors at the time of death.

 

A Will doesn’t stand in all cases such as :

1. Joint Tenancy with Right of Survivorship
2. Life Insurance Proceeds
3. Bank Accounts
4. Retirement Plans

 

A trust, on the other hand, is a legal arrangement through which a person or an institution often called a “trustee,” holds legal title to property for another person, called a “beneficiary.”

Unlike, a will, trust can be exercised as soon as it is created (before death), at death or after death.

A will covers any property that is only in your name when you die. It does not cover property held in joint tenancy or in a trust.

A trust, on the other hand, covers only property that has been transferred to the trust.

Another difference between a will and a trust is that a will passes through probate. That means a court oversees the administration of the will and ensures the will is valid and the property gets distributed the way the deceased wanted. A trust passes outside of probate, so a court does not need to oversee the process, which can save time and money. Unlike a will, which becomes part of the public record, a trust can remain private.

What happens if you die without a Will?  If you die without a will, the Wills and Succession Act entail how the property will be distributed.

A properly documented Estate plan ensures, the lesser stress of confusion and legal follow-ups for the family and loved ones after your death.

Your Edmonton based legal pro can guide you how best to use a will and a trust in your estate plan.

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Drunken Driving in Edmonton, Alberta

You all might be aware of the fact that drinking while driving or drunken driving is a disgraceful act for anyone. There are many advertisements, hoardings or news which inform you about the harmful effects of drunk driving cases. In many cases, innocent people lose their lives because someone else was irresponsible. When people are drunk they are not conscious of their surroundings therefore drinking and driving should never and can harm many people. Drunk driving is a criminal offense with many criminal defense lawyers specializing in the area.

A drinking and driving charge can make a permanent black mark on your record and you may have to face very harsh punishments. However, sometimes people are wrongly accused. If you are facing a DWI or DUI charge then a DUI lawyer in Edmonton should be consulted. They will fight your case with their best effort and help you be free from any and all charges.

DUI defense lawyers will also inform you about the details of your case and all the possible outcomes. Basically operating a motor vehicle after the consumption of alcohol beverage is classified as driving while intoxicated. There are several classifications of DWI. The most important point is depending on the blood alcohol content, evidence of prior convictions and other considerations may be treated differently by the police, prosecution, and courts. There are different sections of laws for DUI cases.

DWI lawyers in downtown Edmonton explain that DWI law can be prosecuted under two different legal theories. In the first one, a person can be prosecuted for violating the per se law, which is truly based on the alcohol content in the blood at the time the motorist was driving.

A Drunk Driver lawyer will fight your case according to the legal theories. The second theory explains that a person can be prosecuted under the traditional common law that is practiced generally. Even, if you are charged as guilty in the case, lawyers will help you to reduce the penalty according to your case. You can get all the information about the procedure of an impaired driving charge and DUI case by visiting the impaired driving site of Alberta here. You can benefit from the credible, reliable and affordable DWI and DUI legal services and get the required justice. For more information see the Safe Roads Project.

 

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Alberta Workers Compensation Lawyers

Through their efficient and effective services, Workers Compensation lawyers have become one of the best and most preferred resources for those injured on the job.

Employees and workers in any company are entitled to certain benefits to help them in time of need. Any workplace, be it in office or in the field, consists of certain amount risks in several ways. People working in construction companies have a higher chance of suffering to injury if appropriate precaution is not exercised. Accidents caused during work can lead in serious injuries, making the person incapable of working for a certain period. This will leave the person having to deal with the injuries and all the medical bills with a loss of pay. This can be a huge difficulty which can hurt the person’s physical and emotional state to a great extent. At times like these, people can use the rights and benefits they are entitled to. This way they will be able to deal with the injuries and the expenses and loss of pay associated with. However, availing these benefits is not an easy task and most people are underpaid for their injuries. Several others have also been denied their benefits. At such times, it is essential to have a legal counsel who will be able to assist the injured in getting the compensation for their injuries. There are several lawyers in the city who offer services, but most of them are expensive. It is therefore best to choose the services of workers compensation lawyer that is familiar with WCB claims in Edmonton, Alberta.

Edmonton based lawyers have been providing superior legal services to all their clients at affordable legal fees for the past 100 years. They are trained and highly skilled lawyers, with several years of expertise in all areas of law. They are dedicated professional who provide every client with individualized attention and ensure to use all their resources, attention and skills to derive the best results. They understand the client’s situation and put every effort to educate the clients and help them understand the laws associated with the case and the several procedures involved. This way, the lawyers work together with the clients and build a strong case that will be able to get the best compensation that the injured deserves.

Workplace injury law in Edmonton is among the top in Canada have due to their high resolve rate and an impressive track record of performance in client satisfaction. They provide all legal assistance associated with personal injuries and workplace injury/accident compensation.

Note: This is not and should not be taken as legal advice.

Additional resources:

• Here is a review on WCB.
• See the Court of the Queens Bench info on the Act here.

 

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5 Asset Protection Tips

Essential Asset Protection Tips

It doesn’t matter how much money you make or how much you have saved there are certain asset protection tips everybody should know, and there is no excuse for not being familiar with them.

Assets can be property, goods, a business or money you have saved or inherited. The term refers to anything of worth that you have and that someone else may try to take from you, whether it is in the form of a tax lien for unpaid taxes or the settlement of a lawsuit.

Having identified what you have collected and wish to hang onto, the question then becomes what is the best way to protect the assets you have worked to obtain?

Here are some tips everyone should be familiar with no matter  your bank account size:

1. Keep a low profile. Although it is unpleasant to think about, Canada is one of the most litigious countries in the world, and people file frivolous lawsuits every single day. However, they are less likely to file a lawsuit against you or your estate if they do not think that you have the money to pay a settlement. Similarly, lawyers are less likely to take on a potentially frivolous case if there are no assets in question.

2. Separate your assets. Again, although it is unfortunate, lawsuits are a reality and effective asset protection has to address the potential fallout of these lawsuits. If you keep your assets held by separate Edmonton based Limited Liability Corporations (LLCs), then an unfavorable judgment in a lawsuit against one property may not be able to affect the other assets.

*Need a primer on legal corporate definitions? See this site.

3. Avoid general partnerships. General partnerships allow each partner a great deal of authority over one another. If you are in a general partnership, your partner can make major decisions and agreements on behalf of the partnership without consulting you, such as signing for a large loan. Although you were not there when the loan was procured, as a general partner you will be responsible for the repayment of that loan.

4. Keep good insurance. No matter how confident you feel about your asset protection plan, good insurance is an absolute necessity, from car insurance to your homeowners’ policy and everything in between. Under-insuring leaves you and your estate at risk.

5. Get good advice. Speak to a trusted and experienced lawyer in Edmonton and take his or her advice into account as you create a comprehensive estate plan that protects your assets.

When you have worked hard to build an estate, you should take the necessary steps to protect your assets from unforeseen problems or frivolous lawsuits.

The best form of asset protection is to ensure you have updated legal documents such as wills and trusts that will protect those things you hold dear. If you live in and around Edmonton, Alberta, we can contact you with the top estate planning lawyers today for great advice at affordable rates on this important topic.

Please note: This article is not legal advice, please contact a lawyer for assistance if you have been injured in a car accident

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Car Accidents and Damages in Edmonton, Alberta

Information on how to seek damages for vehicle-related accidents in Alberta

It’s common knowledge that if you are injured in a car accident and you are at no fault, then you want to sue the at-fault party for your injuries, but you can not do just that? Well, it is unbelievable in your country’s law. However, this is a truth in Ontario, a place of difficult-to-understand car insurance system which limits the ability of the injured person to sue with a lot of restrictions.

There are a number of restrictions in Alberta on an injured person’s ability to sue for injuries and damages from an accident. One restriction is known as the “threshold”.The threshold is a legal test that an injured person has to meet in many cases to be able to claim for some types of losses, such as pain and suffering. If you do not meet the threshold, then, in many cases, you are not entitled to anything for pain and suffering. The threshold does not apply to everything (ie: income losses). To meet the threshold, the test is often, whether or not the injured person sustained a “permanent, serious impairment of an important physical, mental or psychological function”.

These words are interpreted by statutes and case-law. Another restriction on an injured person’s right to sue is the “deductible”.The deductible is an amount of money that, in many cases, is subtracted from whatever amount your pain and suffering is worth.  There is a statue of limitations on car/vehicle accidents in Alberta – for more information on the law in Alberta click here.

You may also benefit from the Court of the Queen’s Bench Vehicle Claims Act available here.

So, that means that if your pain and suffering are valued at $50,000, then, if the deductible applied, the amount would be reduced by $30,000, leaving only $20,000. The deductible does not apply to pain and suffering that is assessed at more than $100,000 and there are a number of other exceptions. It is best to consult a lawyer in Edmonton about these issues so that you fully understand your rights.

Please note: This article is not legal advice, please contact a lawyer for assistance if you have been injured in a car accident

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