Joint Divorces: Ending A Marriage… Together
You hear of many ways that divorces are referred to. People talk about contested divorces. They also talk about uncontested or desk divorces. Each of these may refer to a different type of way to divorce but they all put an end to a marriage that was not working. A joint divorce is not only one without fights, but one where the married couple work together to end the marriage together. The joint divorce lawyers at Kahane Law Office in Calgary, Alberta can help you work together to end your marriage on friendly terms.
What Is A Joint Divorce?
A Joint Divorce is an option which many couples are not aware of at the time of separation. It is the most friendly divorce and amicable divorce possible. Most are aware of the Uncontested Divorce, which is when one party files and the other party signs off on what has been agreed to, with little or no conflict involved. The Joint Divorce takes the friendly factor one step further. In a Joint Divorce there is not a party who “files for divorce” against the other. Simply put, in a Joint Divorce all of the documents are completed and executed by both parties. The benefit of using this approach is that parties really do feel they are ending their relationship on the best of terms. There is no focus on winning, but rather just moving to the next chapter of one’s life with minimal conflict.
Do You Qualify For A Joint Divorce?
In order to use the joint divorce process:
- One of the parties must have been resident in the Province of Alberta one year prior to the filing of the Joint Statement of Claim for Divorce; and
- The basis or grounds for Divorce can only be that the parties have been living separate and apart for one year prior to the Divorce Judgment being executed by a Justice (Note, if cruelty or infidelity is the grounds for divorce, then this process cannot be used. The parties must use the Uncontested Divorce route event if they are in agreement with everything regarding their separation).
Steps Your Lawyer Takes To Complete The Process
In order to complete the Joint Divorce for you, your lawyer needs the following from you:
- An Original Copy of your Government Issued Marriage Certificate. In the event your marriage was out of country and you do not have a marriage certificate then that is okay. We will just need the marriage details and witness details for your wedding.
- If Parenting is Involved:
- Your agreement on a parenting plan;
- Both parties’ income summary and agreement on child support, including the agreement on how to pay for additional expenses of the Children (ie. activities, education costs, medical / dental, and child care); and
- Each parties’ Parenting After Separation Certificate.
- If Spousal Support is involved, then a breakdown of the agreement you two have reached on spousal support.
Spousal agreement on all matters relating to the end of the marriage need mutual agreement for a joint divorce. In this process there is no mention of how property is divided. If Property Division is an issue which you need addressed, then both parties agreement on these issues should be set out in a signed Separation Agreement. These agreements save you time and money after completing them. They also prevent parties from changing their minds part way through the process. The lawyers at Kahane Law help with these agreements.
Is A Joint Divorce Right For You?
If a Joint Divorce is an option you want to explore, please call the Kahane Law Office. You can then discuss your situation with a lawyer, to ensure this is the best fit for you, and then following that discussion you both can come in to the office to start the process. The further benefit to a Joint Divorce is this process also qualifies as a Flat Fee Arrangement. this method of billing allows you certainty with respect to your costs before you agree to move forward. Circumstances dictate the cost of the process. The cost is $1750 for situations without Children or spousal support. Due to the additional drafting required, the cost is $2250 in situations with Children or spousal support. A joint divorce with children and spousal support is $2750.
Lawyers For Joint Divorces In Calgary
The joint divorce lawyers at Kahane Law Office in Calgary, Alberta can help you end your marriage on friendly terms and at a low flat rate. If you are interested in learning more about this process please call today. You can reach us locally in Calgary at 403-225-8810 (toll-free at 1-877-225-8817), or email us directly here.