Category Archives: Family Law

If you or someone you know is experiencing domestic violence in Alberta, it is important to understand the laws and resources available to protect yourself and your loved ones. Domestic violence is a serious issue that affects many individuals and families in the province. It can take many forms, including physical, sexual, emotional, and financial abuse.

Fortunately, Alberta has laws in place to help victims of domestic violence. The Disclosure to Protect Against Domestic Violence (Clare’s Law) Act, for example, allows individuals who feel at risk of domestic violence to request information about their partners’ criminal history. This can help victims make informed decisions about their safety and take steps to protect themselves. Additionally, Alberta’s Family Violence Protection Act provides legal protections for victims of domestic violence, including emergency protection orders and restraining orders.

At Kurie Moore Law Group, we understand the complex legal issues surrounding domestic violence in Alberta. Our experienced lawyers are dedicated to helping victims of domestic violence navigate the legal system and obtain the protections they need to stay safe. If you or someone you know is experiencing domestic violence, please don’t hesitate to contact us for help.

Overview of Domestic Violence Laws in Alberta

If you or someone you know is experiencing domestic violence in Alberta, it is important to know that there are laws in place to protect victims and hold perpetrators accountable. Domestic violence is defined as any form of abuse or violence that occurs between people who are in a close relationship, such as spouses, partners, or family members.

In Alberta, there are a number of laws and policies that address domestic violence. These include:

• The Protection Against Family Violence Act (PAFVA): This law provides victims of domestic violence with a range of legal protections, including emergency protection orders, restraining orders, and exclusive possession of the family home. It also allows police officers to remove perpetrators from the home and lays out penalties for violating protection orders.
• The Criminal Code of Canada: This federal law includes a number of criminal offences related to domestic violence, such as assault, sexual assault, and uttering threats. These offences carry serious penalties, including imprisonment.
• Clare’s Law: This law allows individuals who feel at risk of domestic violence to request information about their partner’s criminal history. This information can help individuals make informed decisions about their safety and take steps to protect themselves.
• The Victims of Crime Act: This law provides financial compensation to victims of crime, including victims of domestic violence, to help cover expenses related to medical treatment, counselling, and lost wages.

In addition to these laws, there are also a number of resources available to victims of domestic violence in Alberta. These include:

• Emergency shelters: There are a number of emergency shelters throughout Alberta that provide safe and secure accommodations for victims of domestic violence.
• Counselling and support services: There are a variety of counselling and support services available to victims of domestic violence, including individual counselling, group counselling, and support groups.
• Legal assistance: Victims of domestic violence can access legal assistance through a variety of sources, including Legal Aid Alberta and private law firms like Kurie Moore Law Group.

If you or someone you know is experiencing domestic violence in Alberta, it is important to reach out for help. There are resources available to support you and help you stay safe.

The Family Law Act

The Family Law Act is a provincial law that governs family relationships in Alberta. It applies to non-divorce situations, such as determining who are the parents of a child, including cases where the child was conceived through assisted reproduction, and determining who are the guardians of a child.

The Act also covers contact between a non-parent or non-guardian and a child, and child and spousal/adult interdependent partner support obligations for former spouses/parents who were never married or are not seeking a divorce.

Under the Family Law Act, domestic violence is considered a serious matter. The Act defines “family violence” as any behaviour by a family or household member causing or attempting to cause physical harm to the child or another family or household member, including forced confinement or sexual abuse, or causing the child or another family or household member to reasonably fear for his or her safety or that of another person.

If you are experiencing family violence, the Family Law Act provides several options for protection. You may apply for an Emergency Protection Order, which is a court order that provides immediate protection from family violence. You can also apply for a Protection Order, which is a court order that provides longer-term protection from family violence.

In addition, the Family Law Act allows for the appointment of a guardian ad litem, who is a person appointed by the court to represent the best interests of a child in a legal proceeding. The guardian ad litem may be appointed if there are concerns about the safety or well-being of the child.

Overall, the Family Law Act is an important tool for protecting individuals and families from domestic violence in Alberta. If you are experiencing family violence, it is important to seek help and know your legal rights.

The Protection Against Family Violence Act

If you or someone you know is experiencing family violence in Alberta, The Protection Against Family Violence Act provides a legal framework to help protect victims and prevent further violence. This act provides the authority for the court to grant a protection order where it has determined that violence has occurred and is likely to continue.

The Protection Against Family Violence Act recognizes the family as the basic unit of society and is committed to the prevention of family violence. The act also establishes the Family Violence Death Review Committee, which reviews incidents of family violence resulting in deaths and provides advice and recommendations to help prevent future incidents.

Under this act, family violence is defined as any of the following acts committed by a family member against another family member:

• Physical abuse or threatened physical abuse
• Sexual abuse or threatened sexual abuse
• Psychological or emotional abuse
• Financial abuse
• Harassment or stalking
• Damage to property

If you are experiencing family violence, you can apply for a protection order under this act. A protection order is a legal document that prohibits the abuser from having any contact with you or your children and can also require the abuser to leave the family home.

It is important to note that if you are in immediate danger, you should call 911 or your local police department. They can provide emergency assistance and help ensure your safety.

Overall, The Protection Against Family Violence Act is an important piece of legislation in Alberta that helps protect victims of family violence and prevent future incidents. If you or someone you know is experiencing family violence, it is important to seek help and support.

Emergency Protection Orders

If you are experiencing family violence, you may want to consider applying for an Emergency Protection Order (EPO). An EPO is a legal tool intended to protect Albertans experiencing family violence. It is granted when violent or threatening behavior occurs between family members.

Procedure

You can get an EPO 24 hours a day, 7 days a week. A Provincial Court judge or justice of the peace can grant an EPO in person or over the phone. The process to apply is different in each city or town. In Edmonton, you can contact Legal Aid Alberta’s Emergency Protection Order Program during business hours (by phone or in person).

To apply for an EPO, you will need to provide information about the family violence that has occurred or is likely to occur. You will need to provide your name, address, and contact information. You may also need to provide information about the person who has been violent or threatening towards you.

Enforcement

Once an EPO is granted, it is important to understand that it is a legal order. This means that if the person who has been violent or threatening towards you does not follow the order, they can be charged with a criminal offense.

If the person who has been violent or threatening towards you violates the EPO, you should contact the police immediately. The police can arrest the person and charge them with a criminal offense.

It is important to remember that an EPO is only one tool to help protect you from family violence. There are other legal options that may be available to you, such as a Queen’s Bench Protection Order (QBPO). A QBPO is a court order that helps protect Albertans from family members committing family violence. It can order the person causing harm to do things such as stay away from you, stop contacting you, move out of the family home, or allow you to use certain property. QBPOs are described in Alberta’s Protection Against Family Violence Act.

Restraining Orders

If you are experiencing domestic violence, you may be eligible for a restraining order. A restraining order is a legal document that prohibits an abusive partner or family member from contacting or being near you. In Alberta, there are two types of restraining orders: Emergency Protection Orders (EPOs) and Queen’s Bench Protection Orders (QBPOs).

Procedure

To obtain an EPO, you can contact Legal Aid Alberta’s Emergency Protection Order Program 24/7. A judge or justice of the peace can grant an EPO in person or over the phone. The process to apply is different in each city or town, so it’s important to contact Legal Aid Alberta for guidance.

To obtain a QBPO, you must go to court and apply in person. You will need to provide evidence of the abuse and explain why you need the order. If the judge grants the order, the abusive partner or family member will be prohibited from contacting or being near you for a specified period of time.

Enforcement

If the abusive partner or family member violates the terms of the restraining order, you should contact the police immediately. The police can arrest the person and charge them with a criminal offense. If the person is found guilty, they may face fines, imprisonment, or other penalties.

It’s important to note that a restraining order is not a guarantee of safety. If you feel that you are in danger, you should take steps to protect yourself, such as staying with a friend or family member, changing your phone number, or contacting a domestic violence shelter.

If you need help obtaining a restraining order or have questions about your legal rights, you should contact a qualified family law attorney. The Kurie Moore Law Group is a law firm in Sherwood Park that specializes in family law and can provide you with the guidance and support you need.

Victims of Crime Financial Benefits Program

If you are a victim of a violent crime, you may be eligible for financial assistance through the Victims of Crime Financial Benefits Program in Alberta. This program is designed to help victims of crime, their immediate family members, and witnesses who have suffered physical or emotional harm as a result of a violent crime.

The program provides financial assistance to help with urgent needs, such as medical expenses, funeral costs, and loss of income. The amount of financial assistance provided depends on the severity of the harm suffered and the financial need of the victim. The maximum amount of financial assistance available is $110,000.

Support Services for Victims

If you or someone you know is experiencing domestic violence in Alberta, there are a number of support services available to help. These services can provide information, support, and resources to help victims of domestic violence stay safe and get the help they need.

Family Violence Info Line

The Family Violence Info Line is available 24/7 and can provide information and support to victims of domestic violence. You can call the toll-free number at 310-1818 or text 310-1818 to get help. The Info Line can provide information about shelters, financial assistance, legal services, and other resources that are available to victims of domestic violence.

Shelters

There are a number of shelters across Alberta that provide safe housing and support services to victims of domestic violence. These shelters can provide a safe place to stay, as well as counseling, support groups, and other services to help victims heal from the trauma of domestic violence. Some shelters also offer services for children who have been impacted by domestic violence.

Counseling Services

Counseling services are available to victims of domestic violence and can provide emotional support, as well as help victims develop coping skills and strategies for staying safe. Counseling services can be provided by trained professionals, such as psychologists or social workers, and can be offered in individual or group settings.

Legal Services

Victims of domestic violence may need legal assistance to obtain restraining orders, file for divorce or custody, or navigate other legal issues related to domestic violence. Legal services are available to victims of domestic violence and can provide advice and representation in legal matters.

If you or someone you know is experiencing domestic violence, it’s important to seek help as soon as possible. There are a number of support services available to help victims of domestic violence stay safe and get the help they need.

At Kurie Moore Law Group, we believe that everyone deserves to live a life free from fear and violence. Domestic violence is a deeply concerning issue, and we are committed to helping those who have been affected by it in Alberta.

Our legal team is here to provide support, guidance, and legal assistance to survivors of domestic violence. We understand the complexities of these situations and the courage it takes to seek help. You are not alone in this journey, and we are here to help you navigate the legal process, obtain protective orders if needed, and ensure your safety and well-being.

Divorce can be a difficult and stressful experience for everyone involved, especially children. As a parent, it’s natural to want to protect your child from the negative effects of a divorce. However, it’s important to understand that divorce can have a lasting impact on children’s emotional and mental well-being.

At Kurie Moore Law Group, we understand that helping your child through a divorce can be overwhelming. That’s why we’ve put together this guide to provide you with tips and advice on how to help your child cope with divorce. We’ll cover topics such as understanding the impact of divorce on children, explaining divorce to kids, and the role of parents in guiding kids through divorce.

By following the advice in this guide, you can help your child navigate the difficult emotions that come with divorce and provide them with the support they need to thrive. Remember, divorce is a challenging time for everyone, but with the right guidance and support, your family can come out stronger on the other side.

Key Takeaways

• Divorce can have a lasting impact on children’s emotional and mental well-being.
• It’s important to understand the impact of divorce on children, explain it to them in an age-appropriate way, and provide them with the support they need to cope.
• As a parent, your role in guiding your child through divorce is crucial, and professional help is available if needed.

Understanding Divorce Impact on Children

Divorce is a highly stressful and emotional experience for everyone involved, especially for children. Children often feel that their whole world has turned upside down. As a parent, it is important to understand the impact divorce can have on your child’s emotional, academic, and behavioral well-being.

Emotional Impact

Divorce can have a significant emotional impact on children. They may experience feelings of sadness, anger, guilt, and confusion. Children may feel like they are to blame for the divorce, even if it is not their fault. It is important to reassure your child that the divorce is not their fault and that both parents still love them.

Academic Impact

Divorce can also have an impact on a child’s academic performance. Children may have difficulty concentrating in school or may have a decrease in their grades. It is important to communicate with your child’s teacher and school counselor to ensure that they are aware of the situation and can provide support.

Behavioral Impact

Divorce can also lead to changes in a child’s behavior. Children may become more withdrawn, aggressive, or may act out. It is important to provide a safe and stable environment for your child and to seek professional help if needed.

It is important to remember that every child is different and will react to divorce in their own way. As a parent, it is important to provide love, support, and understanding during this difficult time. If you are going through a divorce, it may be helpful to seek the advice of a family law attorney to ensure that your child’s best interests are protected.

Explaining Divorce to Kids

Divorce can be a difficult and confusing time for children. As a parent, it’s important to explain the situation to your kids in a way that they can understand. Here are a few tips to help you choose the right language and avoid blaming language when talking to your kids about divorce.

Choosing the Right Language

When explaining divorce to your kids, it’s important to use language that is appropriate for their age and level of understanding. Keep your communication simple, factual, and straightforward. Your child does not need to know all the details of why the divorce is happening. Stick to the basics and avoid getting into the nitty-gritty details.

One way to explain divorce to young children is to say that mom and dad are not going to live together anymore, but that both parents still love them very much. You can reassure your child that they will still see both parents regularly, and that they will still be taken care of.

For older children, you can provide more detail about the reasons for the divorce, but be careful not to overshare. It’s important to be honest with your kids, but also to protect them from any unnecessary emotional distress.

Avoiding Blaming Language

When talking to your kids about divorce, it’s important to avoid blaming language. This means not placing blame on one parent or the other for the divorce. Blaming language can make your child feel like they have to choose sides, which can be very stressful for them.

Instead, focus on the fact that the divorce is a mutual decision made by both parents. Explain that sometimes adults have disagreements that they can’t work out, but that this doesn’t mean they don’t love their children.

It’s also important to avoid speaking negatively about your ex-partner in front of your children. This can be very damaging to their emotional well-being, and can make the divorce even more difficult for them to cope with.

By choosing the right language and avoiding blaming language, you can help your kids understand the situation and feel more secure during this difficult time. Remember to be patient and understanding, and to reassure your child that they are loved and cared for.

Helping Kids Cope with Divorce

Divorce can be a difficult and confusing time for kids. As a parent, it’s important to provide stability and routine, encourage expression of feelings, and promote healthy communication to help your child cope with the changes. Here are a few ways to help your child through this difficult time:

Providing Stability and Routine

Divorce can be a major disruption to a child’s life, so it’s important to provide as much stability and routine as possible. This can include maintaining regular schedules for meals, bedtime, and extracurricular activities. It’s also important to keep your child’s environment as consistent as possible, whether that means keeping them in the same school or maintaining the same living arrangements.

Encouraging Expression of Feelings

It’s important for kids to be able to express their feelings about the divorce. Encourage your child to talk about how they’re feeling, and be sure to listen to them without judgment. Let them know that it’s okay to feel sad, angry, or confused, and that you’re there to support them through it all.

Promoting Healthy Communication

Divorce can be a challenging time for communication, but it’s important to maintain healthy communication with your child. This can include being honest and open with them about what’s happening, and encouraging them to ask questions and express their concerns. It’s also important to work with your ex-spouse to develop a co-parenting plan that prioritizes your child’s needs.

At Kurie Moore Law Group, we understand that divorce can be a difficult time for families. That’s why we’re here to help you navigate the legal process with confidence and clarity. Our experienced team of family lawyers can help you develop a plan that prioritizes your child’s needs and helps them cope with the changes. Contact us today to schedule a consultation.

Role of Parents in Guiding Kids Through Divorce

Going through a divorce can be a difficult time for everyone involved, especially children. As a parent, it is important to guide your children through this process and provide them with the support they need to adjust to the changes. Here are some ways you can help your kids through a divorce:

Maintaining Involvement

One of the most important things you can do as a parent is to maintain your involvement in your child’s life. This means staying involved in their school, extracurricular activities, and social life. By doing so, you can help them maintain a sense of normalcy and stability during this time of transition.

Co-parenting Strategies

Co-parenting is an important aspect of helping your kids through a divorce. This means working with your ex-spouse to establish a consistent and predictable parenting plan. It is important to put aside any personal conflicts and focus on what is best for your children. This may involve seeking the help of a mediator or therapist to facilitate communication and resolve any conflicts.

Promoting Self-care

Divorce can be a stressful and emotionally draining experience for both parents and children. It is important to take care of yourself and your children during this time. Encourage your children to engage in activities that promote self-care, such as exercise, meditation, or spending time with friends and family. As a parent, make sure you are taking care of your own physical and emotional needs as well.

By following these strategies, you can help guide your children through the process of divorce and provide them with the support they need to adjust to the changes. Remember, divorce is a difficult process, but with the right support and guidance, you and your children can come out stronger on the other side.

Professional Help for Kids During Divorce

Going through a divorce can be a difficult and confusing time for children. As a parent, it is important to provide your child with the necessary support and resources to help them cope with the changes that come with divorce. One of the most effective ways to do this is by seeking professional help for your child.

Importance of Counseling

Counseling is a form of therapy that can help children express their emotions and feelings in a safe and supportive environment. It can also help them develop coping skills and strategies to deal with the challenges that come with divorce. Counseling can be especially beneficial for children who are struggling with anxiety, depression, or other mental health issues related to the divorce.

At Kurie Moore Law Group, we understand the importance of counseling for children during divorce. Our team of experienced family lawyers can provide you with resources and referrals to trusted counseling professionals in the Sherwood Park area.

Benefits of Therapy

Therapy is another form of professional help that can benefit children during divorce. It can provide children with a safe and supportive environment to work through their emotions and feelings. Therapy can also help children develop coping skills and strategies to deal with the challenges that come with divorce.

There are many different types of therapy that can be beneficial for children during divorce, including play therapy, cognitive-behavioral therapy, and family therapy. Each type of therapy has its own unique benefits and can be tailored to meet the specific needs of your child.

At Kurie Moore Law Group, we can help you understand the benefits of therapy for your child and provide you with resources and referrals to trusted therapy professionals in the Sherwood Park area.

In conclusion, seeking professional help for your child during divorce can be a valuable resource in helping them cope with the changes that come with divorce. At Kurie Moore Law Group, we are committed to providing you with the resources and support you need to help your child through this difficult time.

Maintaining Normalcy Post-Divorce

Going through a divorce can be a difficult time for children. It is important to maintain normalcy in their lives as much as possible. This can be achieved by ensuring that they continue their education and participate in extra-curricular activities. Here are some ways to maintain normalcy post-divorce:

Continuation of Education

It is important for children to continue their education post-divorce. This can be achieved by ensuring that they attend school regularly and complete their homework on time. As a parent, you can help your child by creating a study schedule and ensuring that they have a quiet place to study. If your child is struggling with their school work, consider hiring a tutor to help them catch up.

Participation in Extra-curricular Activities

Participating in extra-curricular activities can help children cope with the stress of divorce. It provides them with an outlet to release their emotions and connect with other children who are going through similar experiences. As a parent, you should encourage your child to participate in activities that interest them. This can be anything from sports to music to art.

It is important to note that while it is important to maintain normalcy post-divorce, it is also important to be flexible. Your child may need some time to adjust to the new situation and may need some extra support during this time. As a parent, it is important to be patient and understanding with your child.

At Kurie Moore Law Group, we understand that going through a divorce can be a difficult time for families. We are here to help you navigate the legal process and ensure that your children’s best interests are always taken into consideration. Contact us today to schedule a consultation.

If you are considering getting a divorce in Alberta, you may be wondering whether you can do so without your spouse’s consent. The answer is yes, but only under certain circumstances. Alberta’s divorce laws require that you have grounds for divorce, and one of those grounds is the breakdown of the marriage. If you can prove that your marriage has broken down irreparably, you may be able to get a divorce without your spouse’s consent.

To prove the breakdown of the marriage, you must show that you and your spouse have been separated for at least one year or that your spouse has committed adultery or cruelty. If you can provide evidence of one of these grounds, you may be able to get a divorce without your spouse’s consent. However, it is important to note that the process can be complicated, and it is recommended that you seek the advice of a lawyer to ensure that your rights are protected throughout the process.

Going through a divorce can be a difficult and emotional process, and it is important to understand your rights and obligations under the law. In addition to the grounds for divorce, you will need to consider issues such as custody, support, and division of property. The court will make decisions about these issues based on the best interests of the children and the needs of the parties involved. With the help of a lawyer, you can navigate the legal system and ensure that your interests are protected throughout the divorce process.

Can You Get a Divorce Without Your Spouse’s Consent in Alberta?

If you want to get a divorce in Alberta, but your spouse does not consent, you may still be able to proceed with the divorce under certain circumstances. In this section, we will discuss the basics of divorce in Alberta, grounds for divorce, uncontested and contested divorce, and substituted service.

The Basics of Divorce in Alberta

In Alberta, divorce falls under the jurisdiction of the federal government, and the legal process is governed by the Divorce Act. To get a divorce, you must first meet the eligibility requirements, which include being a resident of Alberta for at least one year and having grounds for divorce.
Grounds for Divorce

There are three legally accepted grounds for divorce in Alberta, according to the Divorce Act: separation, adultery, and cruelty. Separation is the most common ground for divorce, and it requires that you and your spouse have lived apart for at least one year. Adultery involves one spouse cheating on the other, while cruelty can be either physical or mental.

Uncontested Divorce
An uncontested divorce is one where both spouses agree to the divorce and the terms of the divorce settlement. This can include issues such as child custody, spousal support, and division of assets. An uncontested divorce can be a faster and less expensive option than a contested divorce.

Contested Divorce
A contested divorce is one where the spouses cannot agree on the terms of the divorce settlement. This can lead to a lengthy and expensive legal battle, where a judge will make the final decision on issues such as child custody, spousal support, and division of assets.

Substituted Service
If you cannot locate your spouse, you may be able to proceed with the divorce by using substituted service. This involves providing evidence to the court that you have made reasonable efforts to locate your spouse, but have been unsuccessful. The court may then allow you to serve your spouse with the divorce papers by alternate means, such as through a family member or by publishing a notice in a newspaper.

In conclusion, getting a divorce without your spouse’s consent in Alberta is possible under certain circumstances. However, it is important to seek legal advice and understand your options before proceeding with the divorce process.

Property Division.

When it comes to divorce, property division can be a major issue. In Alberta, the Matrimonial Property Act (MPA) governs the division of assets and property for legally married spouses. The MPA identifies what is considered property as well as what is exempt from distribution of assets upon the dissolution of a marriage.

Under the MPA, property is divided equally between spouses unless there is a good reason not to do so. This means that each spouse is entitled to half of the value of all property acquired during the marriage, including the family home, vehicles, bank accounts, investments, and other assets. However, certain types of property may be exempt from division, such as gifts or inheritances received by one spouse.

It is important to note that property division only applies to legally married couples. If you are in a common-law relationship, the rules are different. In Alberta, common-law couples are not subject to the MPA. Instead, the Family Property Act (FPA) applies to them. Under the FPA, property is divided based on ownership and contribution, rather than equally.

If you and your spouse are unable to agree on how to divide your property, a court may be required to make a decision. In this case, it is important to seek legal advice to ensure that your rights and interests are protected. A lawyer can help you navigate the complex process of property division and ensure that you receive a fair share of the assets.

In summary, property division is an important issue in divorce cases in Alberta. The MPA governs property division for legally married couples, while the FPA applies to common-law couples. If you are unable to agree on how to divide your property, it may be necessary to seek legal advice and assistance.

Child Custody and Support

When it comes to child custody and support, it is important to note that getting a divorce without your spouse’s consent does not exempt you from your obligations as a parent. In Alberta, the court’s primary concern is the best interests of the child, and this will be the main factor considered when making decisions about custody and support.

If you have children and are seeking a divorce without your spouse’s consent, you will need to file a Statement of Claim for Divorce and include a proposed parenting plan. This plan should outline how you intend to care for your children and how you plan to share parenting responsibilities with your spouse.

If you and your spouse cannot agree on a parenting plan, the court may order a custody assessment to be conducted. This assessment will involve a social worker or psychologist meeting with you, your spouse, and your children to assess the best interests of the child and make recommendations for custody and parenting arrangements.

In terms of child support, both parents are responsible for financially supporting their children. The court will consider a number of factors when determining the amount of child support to be paid, including the income of each parent, the number of children, and the parenting arrangements.

It is important to note that child support and child custody are separate issues, and one parent cannot withhold access to the children if the other parent is not paying child support. If your spouse stops paying child support, you will need to take them to court to resolve the matter.

Overall, navigating child custody and support can be a complex and emotional process, but it is important to prioritize the best interests of your children and work toward a parenting plan that works for everyone involved.

Spousal Support

If you are considering getting a divorce in Alberta, you may be wondering if you or your spouse will be entitled to spousal support, also known as alimony. Spousal support is financial assistance paid by one spouse to the other after a divorce or separation. It is usually paid by the higher-earning spouse to the lower-earning spouse, and its purpose is to help the lower-earning spouse maintain their standard of living after the divorce.
In Alberta, spousal support is not automatic, and it is not a right. Whether or not you or your spouse will be entitled to spousal support will depend on a variety of factors, including:

• The length of the marriage or relationship
• The roles each spouse played during the marriage or relationship
• The income and earning potential of each spouse
• The age and health of each spouse
• The needs of each spouse
• The standard of living during the marriage or relationship
• Any agreements made between the spouses

If you or your spouse is entitled to spousal support, the amount and duration of the support will depend on the specific circumstances of your case. In Alberta, there are no set formulas or guidelines for calculating spousal support, so it is important to work with a lawyer to determine what is fair and reasonable in your case.

It is important to note that spousal support is not a punishment or a reward. Its purpose is to help the lower-earning spouse maintain their standard of living after the divorce. If you are the higher-earning spouse, you should not view spousal support as a burden or an unfair obligation. Instead, you should approach it as a way to help your former spouse get back on their feet after the divorce.

In conclusion, spousal support is an important issue to consider when getting a divorce in Alberta. Whether or not you or your spouse will be entitled to spousal support will depend on a variety of factors, and the amount and duration of the support will depend on the specific circumstances of your case. If you are considering getting a divorce in Alberta, it is important to work with a lawyer to ensure that your rights are protected and that you receive a fair and reasonable settlement.

Conclusion

In conclusion, getting a divorce without your spouse’s consent in Alberta is possible, but it can be a complicated and lengthy process. The first step is to attempt to notify your spouse formally about the proceedings. If you cannot locate your spouse, you can still file for divorce, but it may take longer.

It is important to note that there are specific grounds for getting a divorce in Canada, including adultery, cruelty, and separation for at least one year. If you can prove one of these grounds, a judge may grant you a divorce even if your spouse does not consent.

It is also important to understand that property division in Alberta is based on “equitable distribution,” which means it may not be a 50/50 split. Spouses may agree on an asset split that is not equal, and most divorce cases end up in court.

If you are considering getting a divorce without your spouse’s consent in Alberta, it is recommended that you seek the advice of a family law lawyer. Kurie Moore Law Group is a family law firm located in Sherwood Park, Alberta. We specialize in guiding married and common-law couples through the details of ending a relationship, including divorce.

If you are going through a family law case in Alberta, you may be facing common issues such as property division, spousal support, and child support. These issues can be complicated and emotionally charged, making it crucial to have a clear understanding of your rights and obligations under the law.

When it comes to property division, Alberta law sets out specific rules for dividing property between married couples and unmarried partners. Recent changes to the law mean that unmarried partners now have clearer guidelines for dividing property if their relationship breaks down. However, disputes can still arise, especially when it comes to dividing complex assets such as businesses or pensions.

Spousal support is another common issue in family law cases. This type of support aims to help even out the financial disparity between partners after separation or divorce. The amount and duration of spousal support can vary widely depending on factors such as the length of the relationship, each partner’s income, and their ability to earn income in the future. Child support is also a crucial issue, as it ensures that children’s basic needs are met after their parents separate or divorce.

Property Division

In Alberta, family law cases often involve the complex issue of property division. The Family Property Act and the Adult Interdependent Relationships Act are the two primary pieces of legislation that govern property division for married and unmarried couples, respectively.

The Family Property Act applies to married couples and outlines the process for dividing property equitably between spouses. Typically, an equal division of property is sought, but there are circumstances in which an unequal division may be deemed more fair. Property subject to division can include real estate, personal property, and even debts.

On the other hand, the Adult Interdependent Relationships Act pertains to unmarried couples who have either lived together for a minimum of three years or have entered into an adult interdependent partner agreement. This act also governs the division of property in these relationships, ensuring that both parties are treated fairly.

It is important to recognize that there are specific exemptions from property division under both acts. These exemptions may include property owned by one spouse before the relationship, gifts received from third parties, and life insurance policy proceeds. These exemptions aim to protect certain assets from being unfairly divided.

Property division in family law cases can be particularly challenging and contentious when significant assets are involved. Given the intricacies of the legal process and the potential for disputes, it is highly recommended that individuals seek the guidance of a family lawyer. A knowledgeable attorney can help protect your rights and ensure that the division of property is carried out in a fair and equitable manner.

Spousal Support

If you are going through a divorce or separation in Alberta, you may be wondering about spousal support. Spousal support is financial assistance paid by one spouse to the other after the breakdown of a marriage or common-law relationship. The purpose of spousal support is to help the recipient spouse become financially self-sufficient. In Alberta, spousal support is calculated based on a number of factors, including but not limited to:

• The financial means and needs of both spouses
• The length of the marriage
• The roles of each spouse during their marriage
• The effect of those roles and the breakdown of the marriage on both spouses’ current financial positions

When determining spousal support, the Court will first look to the objectives of a support order serving, as set out in section 15.2 (6) of the Divorce Act, including:

• Relief of Economic Hardship Arising from the Breakdown of the Marriage
• Promotion of the Economic Self-Sufficiency of the Spouses
• Conditions, Means, and Needs of the Spouses

It is important to note that spousal support is not automatic and is not guaranteed in every case. The amount and duration of spousal support will depend on the specific circumstances of each case. If you are seeking spousal support or if you are being asked to pay spousal support, it is important to consult with a family law lawyer who can advise you on your rights and obligations.

Child Support

Child support is an important issue in family law cases involving children. The amount of child support that must be paid by one parent to the other is determined by the Child Support Guidelines, which are based on the income of the paying parent and the number of children involved.

The Guidelines provide a formula for calculating the amount of child support that must be paid, and this formula takes into account the income of the paying parent, the number of children involved, and the province in which the paying parent resides.

If parents have more than one child and each parent has at least one child for at least 60% of their time, this is known as “split custody.” In this case, the amount of child support that must be paid is calculated separately for each child, and the paying parent may end up paying child support to the other parent.

Finally, “shared custody” applies when a child spends at least 40% of their time with each parent. In this case, the amount of child support that must be paid is reduced to reflect the fact that the child spends a significant amount of time with each parent.

It is important to note that child support is the right of the child, not the parent, and therefore cannot be waived or negotiated away by the parents. The amount of child support that must be paid can only be changed if there is a significant change in the income of the paying parent or the needs of the child. If you are the parent who is paying child support, it is important to keep accurate records of your income and expenses so that you can demonstrate any changes in your financial circumstances that may affect the amount of child support that you are required to pay.

How We Can Help

If you are facing a family law matter in Alberta, it is important to have a knowledgeable and experienced lawyer on your side. The Kurie Moore Law Group based in Sherwood Park can provide you with the legal guidance and representation you need to navigate the complexities of family law.

Our team of family law experts can assist you with a variety of legal issues, including property division, spousal support, and child support. We understand that these matters can be emotionally charged and stressful, which is why we strive to provide compassionate and personalized legal services to our clients.

At Kurie Moore Law Group, we believe in taking a collaborative and proactive approach to family law cases. We work closely with our clients to understand their unique needs and goals, and we develop customized legal strategies to achieve the best possible outcome for them.

Whether you are going through a divorce, separating from your partner, or dealing with other family law issues, we are here to help. Contact us today to schedule a consultation and learn more about how we can assist you with your family law matter.

Ending a marriage is a serious decision that should never be taken lightly. The reasons for ending a marriage can vary from one couple to another. Nonetheless, it is a significant life event that can be emotionally and mentally taxing. It is for this reason that having a solid plan in place can help alleviate some of the stress and uncertainty that comes with ending a relationship.

While the decision to leave may be simple, the process of obtaining a separation and divorce can be complex and overwhelming. It is common for many people to be unsure of the differences between the two. A separation agreement outlines the terms of your separation, addressing issues such as division of property, parenting plans, child and spousal support. On the other hand, a divorce is the legal termination of a marriage.

In order to legally dissolve a marriage, a separation is required before obtaining a divorce. However, it’s important to note that ending a relationship does not necessarily require a divorce. Nevertheless, if your ultimate goal is to remarry, obtaining a divorce becomes a necessity.

The path you take when ending your marriage may depend on several factors, including how long you have been married. For instance, if you’re young and have been married for only a few years, you may have fewer assets and no children, unlike a couple who has been married for decades. Regardless of your situation, it’s vital to seek legal advice.

At Kurie Moore Law Group, we are always available to offer constructive and creative solutions to help you navigate the emotional and legal challenges that come with separation.

It’s wise to consult with a lawyer before separation, so you understand your rights and can prepare an exit strategy that won’t compromise your position moving forward. Practical strategies can also be discussed to assist you in these preparations.

Preparation is key

Divorce is a significant decision in one’s life, and it’s crucial to approach it with care and thoughtfulness. Once you’ve come to the realization that your relationship is no longer working, it’s time to start planning.

Consider not only the legal aspects of the divorce but also practical matters, such as where you’ll live and what belongings you’ll take with you if you’re the one leaving the marital home. Do you have a support system in place in case you need help? How will you manage your finances? And most importantly, what will happen with your children?

Ideally, you should take some time to plan before discussing your decision to end the relationship with your spouse. This will ensure that you’re not making any hasty decisions in the heat of the moment. Try to visualize what your life will look like after the divorce and how you can best prepare for it.

However, if you’re in an abusive relationship, extensive planning may not be possible. In this case, your safety, as well as the safety of any children involved, should be your top priority. Fortunately, the province of Alberta offers emergency funding for those escaping a violent relationship. Eligible individuals can receive help with expenses and other forms of support, including emergency transportation to a safe place such as a shelter or hotel if shelters are unavailable.

There are also other considerations that may not immediately come to mind, such as changing your will or beneficiaries. Seeking legal advice early on can help ease some of your concerns and ensure that you’re well-prepared for any legal proceedings that may follow.

Gather financial information

When it comes to ending a marriage, deciding how to divide assets can be one of the most challenging tasks. As a responsible parent, you are already accustomed to making decisions regarding your children’s well-being. However, determining how to divide your shared assets is equally crucial, and it is essential to approach this task with a clear head.

Gathering all the relevant financial information is the first step towards avoiding conflicts during the asset division process. This includes collecting bank account and credit card statements, investment details, and RRSPs. By having all the necessary documentation, you can prevent any misunderstandings or disagreements in the future.

In addition, collecting pension statements, automobile ownership documents, or evidence of personal assets such as artwork or jewelry can also be beneficial. It is equally important to document all debts, such as mortgages or lines of credit, to get a complete financial picture. If you brought assets into the relationship, it is crucial to have evidence of sole ownership.

Both you and your former partner have an obligation to disclose all relevant financial information in a sworn or affirmed statement. Providing false information or withholding important details is against the law and can have serious legal consequences.

To ensure a smooth and hassle-free asset division process, make copies of all important documents, no matter how insignificant they may seem. The more information you have, the better prepared you will be.

Remember that the goal is to approach this situation with empathy and understanding while ensuring that your rights are protected. By collecting all relevant financial information and having proper documentation, you can avoid an acrimonious divorce.

Date of separation

When a marriage or common-law relationship comes to an end, the date of separation becomes a crucial factor that affects several issues. To be recognized as legally separated, it is necessary to establish that you and your partner are living separately and apart with the intention of terminating the relationship.

It is worth noting that you can be considered legally separated even if you continue living under the same roof, provided you are not behaving as a couple. However, if you still share a bed, prepare and eat meals together, or maintain joint bank accounts, it could be challenging to prove that you are indeed separated.

If you wish to obtain a divorce, you must be separated for at least one year, unless you can demonstrate that your spouse committed adultery or has been physically or mentally abusive. This may include instances of violence, constant verbal abuse, excessive drug use, or alcoholism.

It is important to remember that in Alberta, you can resume your relationship with your spouse for up to 90 days during the separation period without having to start the one-year separation timeline again. The date of separation could play a critical role in matters of family property, especially if you were unmarried and separated before January 1, 2020.

You do not have to wait until the one-year separation period is over before starting legal proceedings or resolving issues such as parenting or the division of family assets.

Telling your spouse

Breaking the news to your significant other that you want to end your relationship is never easy. However, there are some important matters that you need to address, particularly if you have children.

The way you and your partner approach parenting decisions, including where your children will reside, how you’ll share parenting responsibilities, and how you’ll manage weekends, holidays, and vacations, is crucial. Additionally, you’ll need to decide if the children will still have access to other family members such as grandparents. Remember, any decision made by the court during your separation or divorce will prioritize the children’s best interests.

Another important topic to discuss is how you’ll divide any assets and debts you’ve accumulated as a couple. In the case of a shared property like your matrimonial home, you’ll need to decide if you’ll sell it and how you’ll divide the proceeds. Do you have the necessary funding to take over the debt associated with any assets you wish to keep? If you have a business enterprise together, you’ll need to decide if you’ll retain joint ownership or if one spouse will take full ownership. It’s also important to discuss whether or not one spouse will be entitled to support.

Although these are difficult and uncomfortable conversations to have, it’s crucial to approach them with an empathetic and understanding tone. The decisions you make now will have a significant impact on your future, your children’s future, and the rest of your family. It’s important to keep everyone’s best interests in mind and to seek professional help if needed.

We can help with your plan

In conclusion, ending a marriage can be emotionally and mentally draining, and having a solid plan in place can help alleviate stress and uncertainty.

Kurie Moore Law Group can provide constructive and creative solutions to help individuals navigate the emotional and legal challenges that come with separation. Seeking legal advice early on can help individuals understand their rights and prepare an exit strategy that won’t compromise their position moving forward. Please contact us now to schedule a consultation with one of our lawyers.

Divorce can be a challenging time for couples and their families, and one of the most complicated aspects of this process is the division of property. In Alberta, property division is governed by the Matrimonial Property Act, which provides guidelines for how assets and debts should be distributed among spouses. In this article, we will discuss what you need to know about property division in family law in Alberta.

The basics of property division in Alberta The Matrimonial Property Act applies to married couples who are separating or divorcing, and it outlines how property is to be divided in the event of a breakdown of the marriage. The Act states that all property acquired during the marriage is considered matrimonial property and is subject to division between the spouses. However, certain assets are exempt from division, including property owned before the marriage, inheritances, and gifts.

In Alberta, property is divided based on the principle of equalization, which means that each spouse is entitled to an equal share of the marital property. This is determined by calculating the net family property, which is the value of the assets and debts that each spouse acquired during the marriage. The spouse with the higher net family property must pay the other spouse an equalization payment to ensure that each spouse receives an equal share of the marital property.

What Factors Are Considered in Property Division?
When determining how property should be divided, the court will consider several factors, including each spouse’s financial contribution to the marriage, the length of the marriage, the needs of each spouse and any children, and any agreements made between the spouses. In some cases, a court may also take into account any misconduct by either spouse that affected the value of the property or the other spouse’s ability to acquire property.

How to Protect Your Assets During Property Division
If you are going through a divorce or separation, it is important to take steps to protect your assets. First, it is important to document all of your assets, including bank accounts, investments, and property deeds. You should also avoid making any major financial decisions until after the divorce is finalized, as this could impact the division of property.

What is Considered Property?
Property can include any assets or debts that a person or entity owns. In the context of family law, property can include real estate, personal property (such as vehicles, furniture, and jewelry), investments, bank accounts, pensions, and debts (such as credit card balances, loans, and mortgages). It is important to note that property that was acquired before a marriage, or received as a gift or inheritance, may be exempt from division depending on the laws of the specific jurisdiction.

What Is A Matrimonial Home Under The MPA?
Under the Matrimonial Property Act (MPA) in Alberta, a matrimonial home is defined as any property that is ordinarily occupied by both spouses at the time of separation. This can include a house, condominium, apartment, or any other type of dwelling.

The matrimonial home is treated differently than other types of property under the MPA, and it is subject to special rules in terms of division and possession. Specifically, each spouse has an equal right to remain in the matrimonial home after separation, regardless of who owns the property.

This means that a court may order that one spouse be allowed to remain in the home, or that the home be sold and the proceeds divided between the spouses. The rules surrounding matrimonial homes can be complex, so it is important to seek the advice of a qualified family law lawyer if you have questions about your rights and obligations in relation to your matrimonial home.

What if We Can’t Agree on Property Division?
If you and your spouse cannot agree on property division, you may need to seek the assistance of a family law lawyer or a mediator to help you negotiate a settlement. Mediation is a process where a neutral third party helps the parties to reach an agreement. In some cases, the court may also be asked to make a decision on property division. If the court is required to intervene, it will make a decision based on the laws of the jurisdiction, and take into account various factors, such as the length of the marriage, each spouse’s contributions to the marriage, and the needs of any children involved.

It is also important to seek the advice of a qualified family law lawyer who can guide you through the property division process and ensure that your rights are protected. A lawyer can provide valuable advice on how to negotiate with your spouse, represent you in court, and ensure that you receive a fair settlement.

Conclusion
Navigating property division in family law can be a complex and emotionally challenging process, but it is important to ensure that your rights are protected and that you receive a fair settlement. If you are going through a divorce or separation, it is important to seek the advice of a qualified family law lawyer who can provide valuable guidance and support. The lawyers at Kurie Moore Law Group have extensive experience in all aspects of family law, including property division, and are committed to helping their clients achieve the best possible outcome.

COVID-19 is an unprecedented situation for everyone and has left many parents wondering how COVID-19 will impact their parenting orders or agreements that were in place before the outbreak of COVID-19, and whether or not one parent’s time with the child or children should be restricted. Fortunately, the Court of Queen’s Bench of Alberta (the superior court of the province) has released a decision and given some firm guidelines about how parenting should proceed during COVID-19.

In SAS v LMS (2020 ABQB 287), the father applied to the Court for a substantial change in parenting due to the COVID-19 pandemic. The Court summarized the principles used in making decision exactly as follows:

1. Parents are expected to address COVID-19 issues and concerns with each other before taking any action (including applying for variations or relief from the Court) to resolve these issues and concerns in good faith and to act reasonably in exploring strategies that will first and foremost ensure the health and safety of their children;
2. Where face to face access or parenting time presents different risks in the different households, the parties should consider strategies that have the children in the less risky environment but in a manner that maximizes virtual contact between the children and the other parent;
3. Court orders are meant to be followed. There should be no unilateral withholding of access or parenting time except in true emergency situations as described above where there is imminent risk to a child’s health or safety;
4. Whether under the Divorce Act or the Family Law Act, varying existing court orders requires a change in circumstances and will be determined on the basis of the best interests of the child or children. COVID-19 is not an automatic change in circumstances; the party seeking a variation must establish that their family circumstances have been impacted in a way that warrants temporary change in the order;
5. The burden or onus of proof is on the parent seeking a change in the status quo or the existing court-ordered parenting. It is not satisfied by suspicion or speculation, but as with any matter involving circumstantial evidence, it may be satisfied by logical and reasonable inferences from conduct;
6. If an application cannot be made because of the urgency of the situation an application by the defaulting party must be made as soon as possible after learning of the emergency;
   Applications based on speculation, mistrust, or fear without credible evidence of material non-compliance posing unacceptable risks to the children are unlikely to get permission to proceed as an emergency application, let alone be successful;
7. Respondents must be prepared to unequivocally commit that he or she will meticulously comply with all COVID-19 safety measures; and
8. Non-compliant parents can expect no second chances.

An important take-away from this decision is contained in #3 where the Court stated that orders are meant to be followed and that parenting time should not be withheld (unless there are exceptional circumstances). The Court is also very clear that if an application to change parenting is to be heard, then it must have some verifiable evidence on which the Court can rely in making a decision.

The Court in SAS v LMS also stated that “[the Court does] not think the default position should be that the household with the lowest risk level should be the home where the children reside at during the pandemic, with the other parent having virtual access only.”

SAS v LMS was decided on April 24, 2020 and (as of the date of this blog post) remains the leading case in Alberta on how parenting should proceed during COVID-19.

NOTE: This blog post is for general information purposes only and does not constitute legal advice. Should you require legal advice regarding the content of this blog post and how it applies to your situation, please contact the office to schedule an appointment to consult with a family lawyer and they would be happy to assist you.

The COVID-19 pandemic has presented significant challenges for families wishing to resolve their disputes through court ordered processes. Despite these challenges, court operations have resumed, and both the Provincial Court of Alberta and the Court of Queen’s Bench of Alberta are hearing new family matters.

The newly implemented Family Docket in Queens’ Bench strives to provide a more flexible approach to family matters and a presiding Justice will hear the matter and provide an opinion on the best way to proceed by way of “endorsement.” The Provincial Court of Alberta is dealing with family applications the same as before the COVID-19 pandemic.

How do I schedule a Family Docket Date in Queens’ Bench?

To secure a hearing date in Family Docket in Queen’s Bench, a claimant must select an available date (they go quick!) and file a Notice to Attend. Once the Notice to Attend is filed, it must be served on the opposing party no later than five (5) days before the scheduled hearing date.

Most hearings will be held via Webex or by telephone. Details will be included on the Notice to Attend form provided by the Court once the matter is scheduled.

What outcome can I expect from Family Docket?

Possible outcomes from a Family Docket hearing include, but are not limited to:

• Consent order;
• Referral to alternate dispute resolution, i.e. mediation, arbitration, collaborative processes;
• Regular chambers date; and/or
• A special chambers date.

How we can help

Our family lawyers have become familiar with the new Family Docket process and can help you secure a hearing date, file the proper materials, and serve the materials on the opposing party. For more information on the new Family Docket, please visit this link.

NOTE: This blog post is for general information purposes only and does not constitute legal advice. Should you require legal advice regarding the content of this blog post and how it applies to your situation, please contact the office to schedule an appointment to consult with a family lawyer and they would be happy to assist you.