The issue of where a child should live following a divorce or separation is a common one. Parents constantly tell me that their child is telling them which parent they want to live with. The question often becomes how to ensure that the child’s voice is heard and given proper attention, without allowing them to … Continue reading When Can A Child Legally Decide Where They Want to Live?
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The process to apply for legal aid is slightly different in Saskatchewan and in Alberta. FINANCIAL ELIGIBILITY: In both provinces, you must contact the regional legal aid office to apply for assistance from a legal aid lawyer. Each province will screen its applicants for financial eligibility. In Alberta, you will be screened based on your … Continue reading How do I apply for Legal Aid?
I am asked this question at least a couple times per week. There seems to be a common belief that children can decide where they want to live after they turn 12. That is false. In Alberta and Saskatchewan, the legal age of majority is 18 – that remains the age at which parents officially … Continue reading At what age do my children have the right to choose which parent they live with?
Link to Article October 28, 2011 – Susan Gregory Thomas writes about her choice in how to divorce, the Collaborative Divorce. She recommends that everyone at least do their due diligence before they embark on any choice in divorce. In doing her due diligence, she read as many articles about the impact of divorce on … Continue reading New York Times – The Good Divorce
As we lead into the holidays, it always seems as though there is a surge in phone calls at my office for consultations. No matter what the reason, or when separations occur, it is likely going to be an emotionally stressful time for families. There are ways to reduce the trauma and stress that families going … Continue reading How can I reduce the stress and emotions that always seems to go along with separation and divorce?
There is a huge segment of Canadians who cannot afford to hire a lawyer when faced with a legal issue, but who do not qualify for Legal Aid. These individuals are often faced with only two options: borrow money from friends and family (if this option is even available) or represent themselves. For … Continue reading Legal Coaching 101
No. In both Alberta and Saskatchewan, you may choose to use the surname of your husband or wife (yes, some husbands adopt their wives’ names too) without going through a legal name change. You may also choose to use your long-term partner’s name if you are classified as “adult interdependent partners” in Alberta (living together … Continue reading Do I have to get a legal name change to change my surname when I get married or divorced?
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?
A parent is required to support their child as long as they are a “child” under the appropriate legislation. To determine if a child is still a “child” for child support purposes, look at both age and dependency. For age – the cut off is the child being under the age of majority in the … Continue reading What is my Obligation to Support My Child Who is Over the Age of 18?
You may have the choice, but there are some parameters to be followed. The Divorce Act states that you may file divorce documents with the court in that particular province as long as one of the spouses has been resident in that province for at least a year. For example, if you have been resident … Continue reading If I live in Lloydminster, do I have the choice of provinces in which I may file divorce court documents?