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A Northwest Calgary Law Firm

Experienced Divorce Lawyers in NW Calgary 

Find Resolution to Your Divorce with a Local Calgary Lawyer

Dukeshire Law Office has been practising divorce law in Calgary since 1977.

 

To qualify for a divorce in Alberta, at least one of the divorcing parties has to have lived in the province for at least one year. In Alberta, separation is grounds for divorce, so you can file as soon as you are separated from your spouse. You have to wait until the one year separation is passed before you can send in the final papers to get your divorce judgment.

Divorce creates uncertainty in your life. Suddenly, your financial situation, your relationship with your children, even your control over your property comes into question. During this time, you require a clear path to follow that leads you back to a stable life. Start down the path of stability by choosing a divorce lawyer in Northwest Calgary.

 

At Dukeshire Law Office, you will find a team that works with clients to find answers and resolve their divorce issues. Hire a divorce lawyer in Northwest Calgary to create a plan for your divorce. We assist you and offer advice as you try to decide between an uncontested and contested divorce. Let us help you defend your interests in both types of divorce with our legal services.

Am I Eligible for a Divorce?

Are you considering a divorce, but aren't sure if you'll be granted one? Are you being divorced but are confused about the process? The key to a straightforward divorce is understanding the legalities and how they apply to you. Getting a divorce is a simple process in Alberta if you meet any of the following conditions:

  • You have been separated from your spouse for more than a year
  • Your spouse has committed adultery
  • Your spouse has been mentally and physically abusive towards you

Each situation requiring a divorce is different and involves a complex interplay of many factors. It's best to get the advice of a divorce lawyer to make the process as simple as possible.

 

What Is a Separation?

To put it simply, being separated from your spouse means that the two of you do not live under the same roof. However, you don't have to necessarily live apart to be considered separated. Spouses who live together but don't perform domestic chores together, don't share the same bedroom, eat their meals separately, and don't participate in any shared recreational activities also qualify as being separated. Moreover, the court might also take other factors into account while considering your application for divorce, including whether your living together was simply out of financial necessity.

 

Factors To Be Considered in a Divorce

The end of a marriage is complicated in more ways than one. Marriage, by definition, is a legal relationship and there are many things to be considered when it ends. Some issues that will have to be resolved as a part of your divorce proceedings are:

  • Marital property: Legalizing your divorce comes with the legal division of your assets, including your property, between you and your spouse. Generally, apart from any exceptions, assets and property are divided equally between you and your spouse if you were married. The property division varies from couple to couple, with factors such as the number of shared assets, prenuptial agreement and tax consequences coming into play.

  • Spousal support: Spousal support, more commonly known as alimony, is what one party pays to the other after a divorce. Spousal support can be temporary or permanent and is generally one of the most contested aspects of a divorce. Numerous factors affect it, such as the spouses' incomes, how long the relationship lasted, and the number of children, if any.

  • Child custody: If you and your spouse have children, child access and custody are significant considerations that your divorce must resolve. There are several types of child custody and access. The Court will make decisions regarding custody and access based on numerous factors, the chief of them being - your children's mental and physical well-being.

  • Child support: Child support is another payment that one may be required to pay to their spouse to care for their child. It can denote funds for essential well-being and standard costs for school, dental visits, and other similar expenses. A significant factor that determines child support is the income of the parents. A parent can be expected to pay child support until at least when the child reaches the age of majority.

Whatever side of the contention you might be on, the experienced divorce lawyers at Dukeshire Law Office can help. We understand that divorce and the issues around it are a sensitive matter, and we exercise the highest discretion while we handle your case.

 

How Do I File for a Divorce in Alberta?

Divorce proceedings begin with the filing of a document known as the "Statement of Claim for Divorce." If you file for the divorce, you're known as the plaintiff, with your spouse being the defendant and vice versa.

 

Once the statement is filed at the courthouse, it is "served" on the defendant by someone other than the plaintiff. The defendant has 20 days to contest the statement, should they wish to do so. We will aid you in collecting all the documents that you might need to submit with the statement.

 

If the judge is satisfied with the statement and the evidence, they sign the Divorce Judgement, and copies are delivered to both the plaintiff and the defendant.  The divorce becomes finalized 31 days after the judgement has been signed.

 

The divorce and family lawyers at Dukeshire Law Office will assist you every step of the way with your divorce in Calgary.

 

Uncontested Divorce

Uncontested divorces require the former couple to agree on every major aspect of the divorce. Those aspects include:

  • Both people want a divorce
  • Spousal maintenance
  • Child support
  • Child custody

When each person agrees on these issues, a divorce can take a few months rather than drag out for over a year. Uncontested divorces cause less stress, difficulty and money.

 

Contested Divorce

Sometimes you won’t have a partner who will cooperate during the divorce proceedings. Sometimes you need to defend the interests that are important to you. When this occurs, you require contested divorce services.

 

Contested divorces require extensive work, negotiations and even hearings. As a result, the process takes longer and costs more. However, contested divorce gives you the ability to protect your important assets and your vital custodial rights.

 

How Much Does a Divorce Lawyer Charge?

When it comes to the cost of hiring a divorce lawyer in Calgary, numerous factors determine the fee, such as:

  • The complexity of the facts surrounding the case
  • Ongoing work
  • Taking the case to court or not

Joy Dukeshire’s hourly rates for her years of experience are very affordable considering 45 years in the Alberta Bar. She has a passion to help clients, not gouge their pockets. Payment arrangements can be made for the legal fees that works for you.

 

 

Contact Us

Use Dukeshire Law Office to determine what kind of divorce will better defend your well-being. Our lawyer will give you guidance so you can sort through the issues and find satisfactory solutions. Call 403-286-7008 today to schedule your initial consultation.

Apply for Divorce

Be it contested or uncontested divorce, our lawyers provide legal services as per your interests.

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Contact Dukeshire Law Office

Do you wish to speak to the legal professionals from Dukeshire Law Office? Use this eform to contact us today and we’ll respond to your message as soon as possible.

Phone

Main: 403-286-7008

Fax: 403-286-7644

 

Email

dukeshirelaw@gmail.com

 

 

Address

201-4616 Valiant Dr NW

Calgary, AB T3A 0X9

 

Business Hours

Monday - Friday 9AM - 5PM

 

 

Dukeshire Law Office, located in Northwest Calgary, Alberta, serves clients from Calgary Northwest, Calgary, Airdrie, Cochrane and the surrounding area.

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