Category Archives: Family Law and Divorce

If my spouse and I still live under the same roof, can we be considered to be “separated”?

In a nutshell… yes. If you want to rely on the one-year separation period to get a divorce, you must be living “separate and apart” for that length of time. To prove this separation, you must overcome two hurdles: physical separation and the intention to bring the marriage to an end. If you are living … Continue reading If my spouse and I still live under the same roof, can we be considered to be “separated”?

When I travel alone with my kids, what documentation do I need to bring?

When you are travelling this holiday season, do yourself and your kids a favour – get a Consent to Travel form signed by the non-travelling parent in front of a Notary Public or a Commissioner for Oaths.  This is not only required for divorced/divorcing parents – it’s anytime you are travelling without the other parent … Continue reading When I travel alone with my kids, what documentation do I need to bring?

As a step-parent, do I have a right to spend time with my step-kids after divorce?

By agreement between you and your former spouse, you have a right to enter into a parenting arrangement with biological kids and/or step-kids. If you and your former spouse cannot agree, you may make an application to Court to ask for time with your step-kids.  If you are unmarried and the kids reside in Alberta, … Continue reading As a step-parent, do I have a right to spend time with my step-kids after divorce?

If my spouse and I hold property in joint names, how does that affect the division of property on separation and divorce?

If spouses hold property in joint names, the law presumes that you intend to share that property equally. When you and your spouse separate, once joint tenancy is severed, you will be presumed to each have an equal one-half interest in the property. Therefore, although it may be that one party did not contribute financially … Continue reading If my spouse and I hold property in joint names, how does that affect the division of property on separation and divorce?

Can my wife and I divide our RRSP money without feeling the tax consequences now?

Yes. It is very common in separation agreements or court orders to separate property that RRSPs are also subject to a division, or effectively redistribution, between former spouses. Canada Revenue Agency (CRA) imposes certain technical requirements on you and your spouse before it will allow such a division. The first hurdle: you and your spouse … Continue reading Can my wife and I divide our RRSP money without feeling the tax consequences now?

My Adult Child Is Going Thru A Divorce. How Can I Best Support Him?

If your adult child is going thru a divorce, it is very important that you support them in the way that they need you most.  The worst thing you could do is to add to the pain that your child is already going thru.  Of course, you wouldn’t do this intentionally, but sometimes in overly … Continue reading My Adult Child Is Going Thru A Divorce. How Can I Best Support Him?

How do I make a “parenting schedule” with my ex when dealing with oilfield hours?

Many separating and divorcing families in our area face this problem of trying to create a schedule to spend time with their kids, but face the challenge of the unreliability of their work hours in the oilfield service industry.  How can this be overcome? I like to re-define the phrase “parenting schedule” when we’re talking … Continue reading How do I make a “parenting schedule” with my ex when dealing with oilfield hours?

Must I go to Court to Get a Divorce?

The simple answer is yes… but maybe not in the way that you think. You must file court papers, and have a judge sign off to finalize your divorce. However, you are not required to fight everything out in court to settle your affairs. There are many options available to have your divorce issues resolved … Continue reading Must I go to Court to Get a Divorce?

TOP 10 TIPS to Keep Legal Fees at a Minimum During Separation or Divorce

10.       Do-It-Yourself – do the paperwork yourself.  I recommend talking to a lawyer, even if only briefly, to ensure that this is the right course for you. 9.         Hire a lawyer as a “coach” – you may need a lawyer to iron out the rough patches, but the rest of the divorce can be done … Continue reading TOP 10 TIPS to Keep Legal Fees at a Minimum During Separation or Divorce