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Edmonton Divorce Lawyers

Edmonton divorce lawyers are the men and women of Edmonton’s legal community who handle divorce cases for people who live in the greater Edmonton area. 

Edmonton divorce lawyers can handle divorces whether you are right in Edmonton or whether you are in some other part of Alberta.  If the case itself is in the Court of Queen’s Bench in Edmonton (or the “Judicial District of Edmonton”) then it is a good idea to have a lawyer who is familiar with exactly how things work right  in Edmonton – even if you yourself live in some other area. Sometimes divorce "lawyers" are referred to as divorce "attorneys" although this is more of a USA term.

The “Divorce Act of Canada” sets out the ground rules for divorce.  This is federal legislation and the Divorce Act applies all across Canada.  A copy of the Divorce Act of Canada can be viewed at the Department of Justice Canada website.

“Marriage” is essentially a contract and a “divorce” is the ending of that contract.  One must have grounds for divorce before a divorce will be granted.  In the old days the grounds for divorce were often “mental cruelty” or “physical cruelty” or “adultery”.  However, since 1968 the grounds for divorce have changed and today in Alberta nearly all divorces proceed on the basis and the grounds that there has been a “breakdown of the marriage” and that the parties have lived “separate and apart” for more than one year.  That’s it.  There is no longer a need for a divorce lawyer to prove any cruelty or adultery if one has lived separate and apart for more than one year.  The fact that you have lived separate and apart for one year becomes the grounds for divorce.

The procedure is that either party can start divorce proceedings before the one year is up.  This is very common and is often accompanied with a court application for interim custody of children, visitation and child support and possibly spousal support (alimony) as well, depending of course on the situation.  Occasionally one party seeks a restraining order.  These court applications are frequently resolved via negotiation before they actually proceed. This is one area or many where where Edmonton divorce lawyer will be a big help.  

The paramount concern of any custody court in Alberta is what is in the best interest of the children.  Sometimes joint custody is ordered or agreed to. 

Child support is determined according to a number of factors including the income of the parties and with reference to the Canadian Child Support Guidelines.  The federal Child Support Guidelines can be viewed online by searching through the Department of Justice materials or by viewing their new "Supporting Families" initiative.

It is very common for Matrimonial Property proceedings to be commenced at the same time as divorce proceedings.  Matrimonial Property – which includes but is not limited to such things as houses and furniture and cars and RRSP’s and pensions and the like – is not dealt with in the Divorce Act; but rather, is dealt with in the Matrimonial Property Act of Alberta.  The Matrimonial Property Act of Alberta sets out the ground rules for dividing up property.  A copy of the Matrimonial Property Act of Alberta can found through the Queen’s Printer website. 

Generally, property is divided equally - no matter whose name it might happen to be in – and this can include pensions as well.  Having said this you need to be forewarned that there are some very significant exceptions to this general rule and legal advice must be obtained from your lawyer to find out in any given situation.  As with the divorce issues discussed above, most property issues are resolved most of the time without the necessity of having to actually attend court. "Examinations for discovery" can be a part of the process.

A few words more about "pensions". Pensions have special rules as to whether or not they are "matrimonial property" under the Matrimonial Property Act of Alberta. There are a series of cases from the Alberta courts (some right from the Supreme Court of Canada) which deal with pensions in the family law context. You need to get a family law lawyer or a divorce lawyer to explain how pensions work in the context of a break up. This is very important.

Generally "pensions" are property under the act but there is much more to it than this. Often the pension built up by the major bread winner in the family is the single biggest asset that the family owns. Just because it is in "their name" does not mean that the other party has no claim to it. There is more to it and all readers are advised strongly to obtain in person advice from your Edmonton family lawyer or your Edmonton divorce lawyer on all property issues and particularly the pension issue. 

Getting divorced is a major event in anyone’s life.  You owe it to yourself to give it the consideration that it deserves and to obtain strong legal advice at the earliest possible time.  It really can make a difference.

The issues of divorce, custody, visitation, child support, alimony and property are large and emotional undertakings.  These do not have to become confrontational or combative experiences, though they sometimes do.   If all parties keep their emotions in check and are represented by capable lawyers, then it is very much the norm for all matters to be resolved without the necessity of court proceedings – but rather, via agreement.  Frequently “examinations for discovery” are held which assist in resolving the issues. Over 80% of all cases are dealt with via negotiation and without the necessity of any trial courts.

Edmonton divorce lawyers must be registered and in good standing with the Law Society of Alberta.

Many Edmonton divorce lawyers also belong to the Family Law and Alternative Dispute Resolution subsections of the Alberta branch of the Canadian Bar Association.

Capable, calm, experienced counsel from an Edmonton divorce lawyer can help to keep things under control.

It is important, in considering who your Edmonton divorce lawyer is going to be, that you select one that is practical, experienced and knowledgeable of exactly how things work in Edmonton.  They should have an office in Edmonton which is staffed full time and have been there for some years. 

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