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Collaborative Divorce Alberta Blog

04/15/24

When Can My Children Decide Where They Live?

If you ask any family lawyer, they will say one of the most common questions they get in a parenting matter is “when can my children decide who they will live with?”. We also often hear “my child is 12, so that means they get to choose who they live with, right?”.  The idea that there is a “magic age” when children care old enough to decide whether they will live with one parent or the other is a common misconception. Parties commonly believe that their child will turn 12, and be old enough to assert who they want to live with. The reality is that a Court has the authority to determine who a child will live with, and how much time they will spend with each parent until that child is 18 years old.  Children are all different, and develop at different rates. A 9 year old may be able to clearly express their wants and their very carefully thought few reasons for those wants, whereas a 14 year old may express they want to live with Mom because Mom bought them a bike last week. These developmental differences makes it difficult for the law to impose one...

03/15/24

Navigating Divorce Together: Finding the Best Dispute Resolution Process

Divorce undeniably presents its share of challenges, one of which is choosing a dispute resolution process that will work for both spouses. In this blog post, we delve into the range of process options available in Alberta. The range runs from least adversarial, to the most adversarial. At the end of this blog, I include a short critique of the adversarial legal system we currently have in Canada.  The four issues about which most separating couples have disputes are property division, parenting schedules, child support and spousal support. Let’s review the dispute resolution processes available. Kitchen Table Separation Agreement An...



02/15/24

Keeping It Private: Are Collaborative Divorce Records Public In Alberta?

Making the decision to separate or divorce is difficult, and people contemplating this course of action often have many questions and concerns about the process. One common concern is whether...



01/15/24

The Collaborative Divorce Process In Alberta: How Long Does It Take?

Divorce is a significant life event that can come with many questions and uncertainties, including how long it will take. If you’re considering divorce in Alberta and exploring the collaborative...



12/12/23

Is Collaborative Divorce Cheaper in Alberta? A Closer Look.

Divorce is a difficult and emotionally charged process, and one of the questions that often weighs heavily on people’s minds is the cost. In Alberta, as in many other places,...



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