What to Do When You’ve Decided to Get a Divorce in Calgary

According to Canada’s Divorce Act, the three grounds for divorce are separation, adultery, and cruelty. If your marriage is irreparable and you no longer wish to be wed to your spouse, you may legally file for a divorce. In Calgary, it can take anywhere from a few months to a few years before the divorce is finalized, depending on what issues have to be resolved.  The “divorce” part of the case is what gives you the legal right to get re-married, to get on with your life, but there are often other important decisions to make regarding your children, the home you have been sharing with your spouse, how other property will be divided, financial support for the children and you/your spouse.  Sometimes, decisions must be made about how to keep everyone safe and reduce the level of animosity in your family as you transition to a “new normal.” 

Understandably, not all divorces are amicable and even if they are, there are a few things you should consider doing before initiating legalities and during the process to make things go as smoothly as possible. Below is a brief guide covering things from how to find a Calgary divorce lawyer to what type of documentation you need to get a divorce.

1. Reach Out for Help 

Experiencing a divorce is often a traumatic time, which can precede and succeed the legal process. While it allows many to turn over a new leaf, it still requires a major lifestyle adjustment. Reaching out to trusted family members and seeing a mental health practitioner like a psychologist can help you manage the stress of your divorce and the legal process.

If you have children, a specialist in child therapy and divorce can help. Even a well-managed divorce can cause upheaval, and therapy can help families work through the tough emotions of change and loss they are experiencing. Divorce frequently brings intense feelings of grief as traditional family structures are dismantled and new dynamics and lifestyles must be created.

2. Gather Your Paperwork 

Before researching how to find a Calgary divorce lawyer, you should gather the necessary documentation your prospective lawyer will need. Divorce cases deal primarily with managing finances and determining decision-making responsibility and parenting time if there are children involved.

The paperwork varies from case to case, but most require both parties to file a financial affidavit that requires but is not limited to, the following documents:

• The last three years of tax returns and notices of assessment00
• Employment and other income records
• Financial statements and records relating to self-employment or businesses you own
• Bank and credit card statements
• Documents of mortgage payments
• Any property assessment documents
• A comprehensive list of your property and debts
• Documents relating to financial investments
• Insurance policies and pension plans
• Records relating to property you owned before the marriage, property you received as gifts, inheritances or legal awards – these and similar kinds of property may be exempt from division

If you and your spouse share accounts, it’s wise to make copies before you finalize your decision. Not all spouses react well. Even though it may seem inconceivable at the time, your spouse could make it difficult to access important information once the official proceedings are underway. 

3. Determine Your Parenting Goals 

Agreeing on decision-making responsibility and parenting time with your spouse will be of paramount importance during the divorce process. Before you file for a divorce in Calgary, you should assess what your parenting goals are. What you want versus what is most practical and necessary for your children’s well-being may not be the same.

Sometimes divorced parents have equal decision-making responsibility but in other cases, it may not be conducive due to a parent’s work responsibilities or new living conditions. Under Canada’s new Divorce Act, the court’s judgment will put your child’s best interests first, and while it may be hard at first, you should also prioritize the child’s best interest over anger with your spouse.

4. Take Care of Yourself

Some people focus on logistics such as how to find a Calgary divorce lawyer and neglect themselves during the divorce process. While many want to move out of their matrimonial home, do not make decisions that can affect the family law court’s ruling, especially when it comes to cases involving children and determining parental decision-making responsibility.

If you are a victim of domestic abuse, you will have different considerations to protect your well-being and the safety of your children. An experienced counsellor and a divorce and family law lawyer can provide legal guidance for your situation to ensure your rights and safety are protected while you also adhere to the laws.

If you have struggled with managing your anger and done things that maybe you now regret, or even if you feel like you are being falsely accused, there is help available.  Sometimes trouble at home can spill over into other legal troubles, including criminal charges, child welfare proceedings, breach of privacy, defamation and even personal injury.  An experienced lawyer will know how to navigate the legalities of these complications.

Your physical and mental health can be negatively impacted by the stress of your divorce and personal situation. Despite the challenges, it’s important to get enough hours of sleep, follow a nutritious diet, schedule regular exercise, and make time to see friends and family. Each divorce is unique and because there will be emotional ups and downs, it’s crucial to develop a robust routine to get you through challenging days.

5. Hire the Right Lawyer 

Divorce lawyers can be hired at different price points and experience levels. So what makes one divorce lawyer better than another lawyer? In choosing a lawyer to manage your divorce case, it’s less about how to find a Calgary divorce lawyer and more about finding legal representation that has your best interests at heart and someone who understands your goals and how you want your divorce case to be handled. It is ill-advised for spouses to share the same lawyer, unless there truly are no issues other than the legal divorce, or the lawyer has agreed to act as a mediator.

Try to find a lawyer who has handled similar cases to yours and has the track record demonstrating the experience and expertise needed to help you. Some divorce lawyers are experts in dealing with parenting-responsibility cases, family-owned businesses or for instance.

A suitable lawyer should be compatible with your goals for your future life and is reasonable and candid in explaining your legal situation and options. You’ll want someone who is upfront about the cost of your divorce and how the court is likely to rule on your issues. Remember, the outcome of your divorce proceedings will change your life, so it's crucial to hire the right lawyer.

What’s At Risk If You Don’t Hire the Right Divorce Lawyer?

Divorce cases are often emotionally, mentally, and financially draining. Many people choose not to hire a family lawyer just to save money or they assume that they can handle the case themselves. Fair Legal recognizes that the breakdown of an important personal / family relationship can be difficult emotionally, financially, physically and in some cases even traumatic. We work with our clients to find the best resolution possible in a difficult situation.

Calgary Divorce Lawyer Charles Fair 

Canada’s divorce and family laws are governed by federal and provincial laws. Family lawyers represent their clients in court and negotiate disputes between spouses and family members. Charles Fair has been practicing Divorce and Family Law for over 30 years. Fair Legal handles all types of divorce, custody and family legal matters to protect your children, property and you. Contact us at 1 (403) 239-2249 to schedule a confidential meeting with a member of our legal team.