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Frequently Asked Questions about Divorce in Alberta Canada

Canada allows a legally married husband and wife to seek divorce. Before the 2010 amendment, one or both parties had to have a just or legal cause to seek Grande Prairie Divorce. After the amendment, that requirement is no longer an essential requisite, provided both parties appear jointly and agree to end the marriage.

This amendment has caused quite a stir in Alberta, Canada residents. Below are a few clarifying points. The same is presented in an FAQ format for easy reading.

Do I Need a Lawyer to File for Divorce?

Strictly speaking, you do not require a lawyer. This is especially true now that you have a joint filing. But if both parties cannot agree to terms, then in most cases one party brings a lawyer. If this happens, Divorce Lawyers Grande Prairiethe other party needs his/her own.

What is a Standard Divorce?

Simply put, this is a divorce where the husband and wife are “adversaries”. One does not agree to the divorce or both parties cannot agree as to the substantial terms, or even the reason for the divorce. Hence the parties are considered plaintiff (the party asking for divorce) and defendant (the party from whom the divorce is sought). Realistically speaking this type of Grande Prairie Divorce requires the intervention of a lawyer because it usually gets messy and personal.

What is a Joint Filing Divorce?

In this case both parties agree to divorce. There is no need to present proof that the marriage is void or voidable. There is no need to show any just or legal ground for divorce. All it takes is for both parties to agree to divorce, agree to the terms, sign the agreement, and put it before the judge. There is no plaintiff or defendant here. Relatively speaking this is easier, provided you know what you are doing.

Realistically speaking, you do not need a lawyer here, provided both of you agree to the terms and conditions of the separation. These types of divorce are faster and create less strained relations, especially if you hire the services of professional paralegals. This is especially helpful if you have common children.

If I Don’t Need a Lawyer Why Do I Need a Paralegal?

Simple, you want the divorce to go as smoothly as possible. This is no less different than hiring a professional plumber to fix your kitchen sink. You can do it yourself, but it is often better to hire a professional to do the job. Before you make your final determination, why don’t you take a look at the procedure and paperwork involved? 8 out of 10 times you will understand the rationale of hiring a professional after realizing the complexity of it all.

If I Need a Professional, Then I Should Just Hire a Lawyer, Right?

Wrong. The simple answer to that would be “you don’t use a sledgehammer to crack a peanut”. Hiring a lawyer is not necessary if there are no adversarial proceedings. In truth the lawyer or firm will just send a paralegal anyway.  And the cost for a lawyer will probably be 3x to 10x higher.

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Calgary, Alberta
T2C 5R8
Phone: (403) 560-8550

Red Deer Office

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Red Deer, Alberta
T4N 1T6
Phone: (403) 986 9626

Edmonton Office

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Edmonton, Alberta
T6N 1H9
Phone: (780) 761 1277