Inexpensive, Less Stressful Ends To A Marriage With An Edmonton Uncontested Divorce
Edmonton uncontested divorces are the most affordable way to get divorced. Our divorce lawyers at Kahane Law Office in Edmonton, Alberta help make that a reality for you. Further, since our firm is a full service Edmonton law firm, we help with all related legal needs as well.
What Are Uncontested Divorces?
“Edmonton Uncontested divorces”, “desk divorces”, “joint divorces”, or “no contest divorces” are all names for the same thing. As the name indicates, the parties both agree on the terms of divorce. Because the parties agree, the process for registering the divorce is fairly straight-forward. We refer to it as a “desk divorce” because a Judge processes the application at his or her desk. It is a divorce that involves lawyers and the court process as little as possible.
How To Complete This Type Of Divorce
To get Edmonton uncontested divorces, the parties must agree on all of the terms of the divorce. For example, the terms included in a desk divorce application include the following:
Spousal support. Is one spouse going to pay the other support? If so, how much and for how long?
Parents must agree on a schedule for when each will exercise parenting time with the child(ren) of the marriage.
Decision-making responsibility (custody). Parents must agree on whether or not they will share this responsibility. Normally it is in the best interest of the child(ren) that they do.
Child support. The parents must agree on child support arrangements, and they must be in the child(ren)’s best interest. If the court is not satisfied that the child support arrangement is appropriate, they retain the option to order something different. A lawyer can help prepare a divorce application to minimize the chances of that happening, and lastly
Optional – Property division. Parties have an option to divorce without agreeing on property division. However, it is often best to negotiate this issue at the same time as the other issues.
If the parties agree on all of the above issues, they can fill out an application and submit it to the Alberta Courts. As with any application, if any outstanding issues exist the court sends it back for correction. If there are no problems with the application the court issues a “Divorce Judgment”, and the parties will be officially divorced.
How To Negotiate An Uncontested Divorce
There are a number of options for negotiating the terms of Edmonton uncontested divorces. Where possible the divorcing couple can negotiate the terms on their own without support. However, this is not always possible. Other options include:
Represented negotiation. Each party negotiates through their respective lawyer. This allows each person to get independent legal advice throughout the negotiation process. This process often includes one or more “4-way negotiation meetings”. A four way negotiation meeting is attended by each party and each party’s lawyer. This allows the parties to negotiate directly, but their lawyers are there to help keep things on track and provide advice.
In mediation, an impartial 3rd party (a mediator) facilitates the negotiations. Each party participates in negotiations and the mediator tries to help them come to an agreement. Parties have the option of having their lawyer attend. Mediation can be paired with arbitration so that any issue not resolved in mediation would be decided by the arbitrator, and lastly
Arbitration is not a negotiation process, but it is a faster and normally cheaper alternative to going to court. An arbitrator hears each party share their side of the story and then makes a decision that is legally binding. One of the main advantages to arbitration over court is that each party has the opportunity to really say their piece and feel “heard”. An arbitrator can decide all of the issues, which would then allow either party to apply for an uncontested divorce.
Benefits Of An Edmonton Uncontested Divorces
The opposite of an uncontested divorce is one where the parties are unable to agree, and so a judge decides for them. The process of going to court to have issues resolved by a judge is very expensive. To decide a simple and uncomplicated matter often costs each party $5,000 or more in legal fees. These often take 6 months or more for the court to hear them.
An uncontested divorce is, by far, the least stressful and least expensive way to divorce in Alberta. When parties agree on the issues they often feel more satisfied with the terms of the divorce. However, if they go to court to argue about the issues, often one party or both are unhappy with the decision. The end result is often one court application after the other – even after the divorce is final.
Do You Need A Lawyer To Get An Uncontested Divorce?
If your agreement deals with the matrimonial property, you will need a certificate of independent legal advice in order for the agreement to be legally binding.
In situations where you are not quite able to negotiate everything on your own, your lawyer helps you conclude negotiations. If able to negotiate everything on your own, your lawyer gives you advice about what you are agreeing to. Your lawyer also helps with the divorce application. Overall, all Edmonton uncontested divorces are much less costly than an in person court application.
Yes, it is possible to get an uncontested divorce without the help of a lawyer, but it is not recommended. If something goes wrong during or after the process you could find yourself in an expensive mess. An ounce of prevention is worth a pound of cure. Hiring a lawyer to help with your uncontested divorce can save thousands in legal fees in the long-term, plus you save time and frustration.
Do You Need A Separation Agreement?
A Separation Agreement is a contract that deals with the issues arising from divorce. It allows you to make the results of your negotiation legally binding on one another. With a year long waiting period for a desk divorce, finalizing the details of the divorce before then, protects both parties. Without a binding contract, either party has the ability to change their mind. Lastly, you can divorce without one, however a good Separation Agreement makes the divorce application process very straightforward.
We Avoid Hourly Charges
Not knowing how much your divorce will cost only adds stress to an already stressful experience. We understand. At Kahane Law Office in Edmonton we avoid charging you by the hour. Edmonton Uncontested Divorces are a flat rate service. We tell you how much it costs before you hire us. This gives you cost-certainty at a time in your life where so much is uncertain.
Hiring An Uncontested Divorce Lawyer In Edmonton
The first step in hiring a family law lawyer from Kahane Law in Edmonton is to book an initial consultation. After your initial consultation your lawyer will prepare a detailed plan for moving your matter forward. This plan includes a Scope of Work that shows the tasks your lawyer will complete for you and the associated legal fees. Before you give us a retainer you know exactly the services those funds cover.