When a marriage ends, emotions can make it difficult to think beyond the present moment. However, the decision to divorce can impact your housing situation, finances, time with your kids and your life for the years ahead.
Failure to address matters of property rights, financial disclosure, parenting and support responsibilities can cause issues that are hard to clear up in Alberta. By recognizing these typical pitfalls and knowing when to consult with a Calgary Divorce Lawyer, you can approach the process with greater clarity and safeguard your interests.
Understanding the Divorce Process in Alberta Before You Make Decisions
Before you make decisions about your home, finances, or children, it’s crucial that you understand the Divorce Process in Alberta. Divorce doesn’t always mean that a marriage comes to an end, and there are a number of different aspects of a divorce that need to be settled. Having an understanding of the Divorce Laws in Alberta can help you make informed decisions during your Divorce Proceedings in Alberta.
- Separation vs. Divorce: Separation – the end of the relationship, and Divorce – the legal dissolution of the marriage.
- Spousal Agreement vs. Court Order: Marital agreements can be reached informally between the spouses, or by judicial order after court proceedings.
- Uncontested vs. Contested: Uncontested means agreed; contested means that it needs to be negotiated, mediated, or litigated.
- Key Issues: Issues that could need to be addressed include parenting, child support, spousal support, property division, and debts.
10 Common Mistakes to Avoid During Divorce Proceedings in Alberta
Couples in divorce may face complicated issues with finances, property, parenting, and support. If you know what some of the common pitfalls are, you’ll feel more confident tackling the process.
1. Making Major Decisions Without Understanding Your Legal Position
Separation can be an emotional time, and important decisions may need to be made quickly. Before moving out, transferring property, closing joint accounts, or making informal arrangements, consider how these choices may relate to your:
- Property and financial interests
- Parenting arrangements
- Child or spousal support
- Future settlement discussions
A Calgary Divorce Lawyer can explain the legal considerations relevant to your circumstances before you make significant decisions.
2. Providing Incomplete Financial Disclosure
To have a fair discussion about property and support, it is necessary to understand the financial situation of the family. This may include:
- Bank accounts and investments
- Real property and business investments
- Retirement plans and pensions
- Loans, credit cards and other debts
Financial disclosures can provide a clear view of the family’s assets and liabilities, which can help the parties determine what they can expect to receive in any settlement.
3. Signing a Separation Agreement Without Understanding Its Terms
In Alberta, there are agreements that can be reached regarding property, parenting, child support, and spousal support. There are agreements that can be reached in Alberta for property, parenting, child support, and spousal support. But even if you sign an agreement, without knowing what the agreement is all about, there are still questions that will remain unanswered. Do not agree until you have carefully thought about how it will deal with the circumstances, financial commitments, parenting arrangements and any potential changes in the future. The proposed terms will have legal significance and consequences, and independent advice from a Divorce Lawyer in Calgary will help you understand the meaning and impact of the proposed terms.
4. Treating Parenting Decisions as a Conflict Between Parents
The focus when determining parenting arrangements should be what is in the best interests of the child and not on the disagreement between the parents. Some factors that might be important to consider include:
- The child’s relationships with both parents
- Stabilization and continuity in everyday life
- Parenting schedules and transitions
- Decision-making responsibilities
- Communication between parents
For example, a schedule that is appropriate for the parent might not be appropriate for a child’s school, activities, and/or schedule. Practical arrangements must take the child’s situation into account instead of being based on parental preferences.
5. Treating Support Issues as an Afterthought
Child support and spousal support are two distinct issues and have two different sets of legal factors to take into account. They may use income, family situation, financial need and other factors that apply to determine their assessment. When considering discussions of support, accurate financial information is important. Other factors such as changes in employment or income or significant expenses could impact future arrangements, so it’s important to consider current circumstances and changes.
6. Looking Only at the Current Value of Property
Dividing property is not just about the list of assets and the market value. When making decisions, take into account the costs of:
- The house and home loan belonged to the family.
- Retirement accounts and investments.
- Business interests
- Pensions
- Outstanding debts
- The expected tax and transaction costs
For instance, a high market value asset could also have significant debt or costs. It is important to calculate the overall financial situation in order to have a realistic basis for evaluating settlement proposals.
7. Communicating Carelessly on Social Media or Digital Platforms
When divorce-related disagreements become public or when the communication becomes hostile, that can make it harder to resolve the case. Depending on the facts and circumstances, social media postings, photos, emails, text messages, and other forms of digital communications can be relevant to the facts and circumstances of a family-law case. Do not put up hasty, unthoughtful posts about your divorce and stay positive about your interactions, especially when it comes to talking about your children or money.
8. Allowing Emotions to Drive Legal and Financial Decisions
Separation can bring grief, anger, uncertainty, and financial strain. These feelings can make it difficult to be objective when considering settlement offers or making them clear. Before it’s too late, think through the long-term implications of a rejection, a disagreement, or a big financial decision. Negotiation or mediation may be a framework to resolve the disagreement, depending on the situation, and can keep the discussion focused on the desired results.
9. Assuming an Uncontested Divorce Needs No Legal Guidance
Separation does not mean that everything will be settled. In any case of non-contested divorce, it may be necessary for spouses to clarify:
- Property is being divided, debt is being split.
- Parenting arrangements
- Child support
- Spousal support
- Future financial responsibilities
A Calgary Divorce Lawyer may be able to help identify exactly what is not clear that may need to be clarified and to let you understand the legal ramifications of proposed agreements before coming to a conclusion.
10. Waiting Until a Dispute Escalates Before Seeking Legal Advice
Lawyers don’t just get involved when a case goes to court. Advice and guidance at the early stages can help you identify where you stand, consolidate financial information, assess any offers made, and be ready to discuss or mediate. It can also assist in understanding the various choices available in the Divorce Process in Alberta. Talking with a Divorce Lawyer in Calgary at the right time can allow you to make choices in light of your situation and the law.
Conclusion
Going through a divorce can be a significant life event, and the decisions you make can impact your financial, parenting, and future health. Knowing what your rights are, keeping good financial records, and taking time to carefully review agreements will help you make informed decisions. When you’re feeling lost in the maze of separation and divorce, and you need clarity about your options, OB Law Office can offer you the experienced guidance you need, customized to your situation, giving you the confidence to navigate the process.
