Is your marriage coming to an end? Whether you’ve been served with divorce papers or are planning to serve them yourself, you need an experienced local divorce lawyer by your side. A divorce attorney can help you protect your rights throughout the entire process.
Our attorneys are tough negotiators who can help you develop a solid win-win settlement. We’re also known as some of Canada’s most skilled litigators, which means you get an incredible courtroom advocate if you have to take your case all the way to trial.
How will assets be divided in an Okotoks divorce?
In Alberta, both spouses have an equal right to 50% of the marital property. This does not mean, necessarily, that property will be split down the middle 50-5o. This is often impossible without destroying the value of the property: if you’ve worked hard to create a business, for example, then you won’t want to sell it so you can split the proceeds with your spouse. You’ll want to retain control of it instead.
This means you and your attorney will have to work together to create a settlement solution that maintains as much value for you as possible, preserving assets and their value. There may be assets you can offer that allow you to keep the assets that matter most to you, for example. Our goal is to help you walk away with a win-win solution that gives you a solid platform from which to rebuild your life.
How do Alberta courts handle spousal support?
Spousal support isn’t necessarily mandatory, but if you or your spouse are eligible for support there are federal guidelines that courts use to award it as appropriate. The courts will not allow one spouse to live in poverty while the other lives a high-income lifestyle, and that’s something to be aware of as you seek to negotiate a settlement.
That does not mean that support is not negotiable, or that there are not many ways to come to an agreement about spousal support and what is appropriate. You should be prepared to look at the length of your marriage, the role each spouse played in the marriage, whether one spouse is already receiving child support and how much, and the income each spouse earns. You should also be aware that spousal support generally only lasts six months to a year per year of marriage.
How do Alberta courts handle child custody?
Alberta courts seek to make their decisions based on what appears to be in the best interests of the child. In most cases, this will be a shared custody arrangement or a joint custody arrangement with near 50/50 parenting time. Alberta courts want to see parents work together to foster a relationship between their children and both parents.
If the other parent is an actual danger to your child then you’ll need to prove that to win sole custody, and you’ll need to be prepared for the fact that supervised visitation will most likely still be awarded to the other parent. Speak to your lawyer to go over your issues and concerns.
Why Merchant Law?
Our lawyers have decades of experience helping Albertans like you. We’ve handled some of the toughest divorce cases, including high net worth divorces, business owner divorces, divorces involving intellectual property, farm divorces, and more.
Call (403) 225-7777 to get started today.