Category Archives: Separation

January is “International Child-Centred Divorce Month”

    There is lots of media attention on January being “International Divorce Month” and January 8th being “International Divorce Day”, but I prefer to bring to light a different term if we are to say that January is a popular month for initiating divorce proceedings – it’s called “International Child-Centred Divorce Month” and it … Continue reading January is “International Child-Centred Divorce Month”

The importance of an initial consultation

    People often ask why they need to come in for an initial consultation.  They just have a question that will take “30 seconds” of my time to answer.  I often hear frustration on the other end of the phone when they are advised that they need to come in for a consultation to … Continue reading The importance of an initial consultation

Changes are Coming for Unmarried Separating Couples in Alberta – Jan 1, 2020

    There’s a new Act coming into force on January 1, 2020 – the Family Property Act – replacing the current Matrimonial Property Act.  The biggest change is that this legislation now gives unmarried separating couples in Alberta the right to automatically divide their assets and debts.  This is huge – until now, these … Continue reading Changes are Coming for Unmarried Separating Couples in Alberta – Jan 1, 2020

When Can A Child Legally Decide Where They Want to Live?

    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 … Continue reading When Can A Child Legally Decide Where They Want to Live?

I’m married, but separated from my spouse. Can I get a divorce right away or is there a waiting period?

    Yes, if you are part of the 95% of the divorcing population, you will have a one-year mandatory waiting period before you can get from being separated to being divorced. If you have had a breakdown in the marriage, in your court documents you have to state your reason for the divorce. You … Continue reading I’m married, but separated from my spouse. Can I get a divorce right away or is there a waiting period?

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

Do I need a separation agreement before I can get divorced?

    Technically… no, you don’t need a separation agreement in order to get divorced.  You can set out your agreements in your divorce application, but it can get extremely complicated to do so if you don’t have all the details worked out.  In an agreement, usually the items set out include some or all … Continue reading Do I need a separation agreement before I can get divorced?

How Do I Break the News To My Kids About Our Divorce?

    It is going to be difficult to tell your kids that their parents are divorcing. How you tell them, and how you help them deal with their emotions in the aftermath of breaking the news is very important to consider. Here are some tips on breaking the news: Show that you are unified … Continue reading How Do I Break the News To My Kids About Our Divorce?

The Child’s Voice in Legal Proceedings – Part 2

    In the last issue, we discussed the importance of including a child’s voice in custody and access disputes.  In this issue, we will discuss some of the potential ways that this can occur. Generally, a judge will not allow a child to testify in court or to swear an affidavit, however, there is … Continue reading The Child’s Voice in Legal Proceedings – Part 2

How can I reduce the stress and emotions that always seems to go along with separation and 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 … Continue reading How can I reduce the stress and emotions that always seems to go along with separation and divorce?