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Family and Divorce | Wills and Estates
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Finding yourself in the middle of a family law problem can be difficult
and confusing. It is at times like these that you need the advice
and assistance of an experienced lawyer. Wright Law Office is there
to listen and help. We are knowledgeable in all areas of family
law. Whether you are looking for a Calgary divorce lawyer for separation
agreements, uncontested divorce proceedings or contested cases,
we have the expertise to help you with your needs.
SEPARATION AGREEMENTS
If you and your spouse (or common law spouse) have separated or
plan to separate, you should see us about preparing a separation
agreement. The agreement will set out, in writing, what you and
your husband or wife have agreed to on such matters as child custody,
maintenance and division of property. Once the agreement is signed
by both parties, it is a legally binding contract and can be used
in court if there is any future dispute. A separation agreement
also serves as proof of the date of separation.
UNCONTESTED DIVORCE
In June, 1986, the law in Canada, and likewise Calgary, was changed
to make getting a divorce easier. You can now petition for divorce
if you can prove one of the following three grounds: adultery, cruelty,
or one-year separation. You cannot use your own adultery or cruelty
as the ground for divorce; the adultery or cruelty must have been
committed by your spouse. The vast majority of divorces proceed
on the basis of one year separation. You can even start proceedings
before one full year of separation and then obtain your divorce
as soon as the full year has passed. A divorce lawyer, Calgary based,
such as Wright Law can help this process go as smoothly as possible.
If there is no dispute between you and your spouse as to division
of property, payment of support, or child custody and access, you
can go ahead with an uncontested divorce. We will start by preparing
the Petition for Divorce. The Petition is then filed in court and
served on your spouse. If you do not know the whereabouts of your
spouse, we can obtain a court order allowing us to serve the Petition
on some other relative, or by advertisement.
If you have not previously signed a Separation Agreement, you should
consider preparing a written agreement at the same time you obtain
your divorce. Minutes of Settlement will spell out in detailed written
form all the issues arising on a divorce. Some of these items, such
as division of property, are not part of a divorce judgment. Minutes
of Settlement will make certain and final all these outstanding
issues so they will not be a problem in the future.
In an uncontested divorce, it is not necessary for you to appear
in Court. If there are no complications, your divorce should take
about three to four months from the time your spouse is served the
Petition.
CONTESTED FAMILY CASES
Sometimes, it just isn't possible to settle all your differences
with your husband or wife. Disputes often arise as to how your assets
are to be divided, how much support should be paid, or who will
get custody of the children. In these circumstances you may have
to go to court to get what you are entitled to receive.
We can inform you of your rights. We will tell you how strong your
case is, what the procedures are, how long they take, and approximately
how much your case will cost. We can then assist you throughout
the entire process.
MARRIAGE & COHABITATION AGREEMENTS
More and more, couples who have decided to marry or live together
are having their divorce lawyers prepare written contracts. They
realize that many matters are best settled before problems arise.
A marriage contract or cohabitation agreement can deal with such
issues as ownership of property, payment of support, and the upbringing
of children.
OUR FEES
Our policy is to provide you with complete fee information before
we start any legal work for you. For many types of family law matters,
we charge a flat rate. Our fees are very competitive with other
Calgary rates, and are set out in the price lists available at our
office or online on our fee schedule
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Family and Divorce | Wills and
Estates | Real Estate
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