GSD LAW GROUP LLP

- July 19, 2024

First Visit with a Divorce Lawyer: What to Expect?

Contemplating divorce is overwhelming, if not extremely tiring emotionally. The first move towards getting through this complex process involves finding legal representation. If you search the internet for a “divorce lawyer in Calgary,” keep in mind that there are some things below you need to know about what to expect during your initial consultation. For a new client, this meeting is of immense importance since it affords him an opportunity to gather information and ask questions in setting at least part of the stage for the future legal proceedings ahead.

Setting the Stage

When you come for the first consultation, obviously, an atmosphere might be a little formal. Just feel free to tell your story. The good divorce lawyer in Calgary will definitely ask about your situation at the very beginning. They ought to know the background of your marriage and why divorce—its grounds—and immediate concerns you may have. This information helps them tailor advice to your unique situation.

The lawyer gives a legal overview regarding the divorce proceedings of Alberta. They will explain to you when grounds can be had vis-à-vis separation for at least one year, adultery, or cruelty. Understanding these grounds is extremely important as they will form the basis for your defense. The lawyer will outline what this will entail from filing the initial papers to the judgment of the final divorce decree.

Discussing Goals

You are at the core of such conversations. Be it issues of child custody, division of property, or spousal support, your attorney needs to know what is most important for you. He will want to know the kind of living condition you are in, your financial status, whether you have children or not, among others. This helps them develop a strategy that will be in line with achieving your objectives and ensuring interest protection.

Another critical aspect of divorce is financial disclosure. An attorney will advise on the necessity of full disclosure of all your assets, debts, income, and expenses. Many of these pieces of information are used for assessing the fairness of property division, calculation of support obligation, among many others. Prepare, therefore, to detail your financial situation and bring along relevant documents during the consultation.

Child Custody and Support

If you have children, it is clear that child custody and support will be one of the main issues to discuss. The lawyer will clarify how the courts in Calgary make decisions about custody, which are made based on the best interests of the child. They will talk of sole, shared, or joint custody and what each has to offer. In subtext, it also indicates the way child support may be decided along with the income and amount of time with each parent.

Property Division 

One of the most contentious aspects of a divorce centers around the division of property. Your lawyer will explain how matters of property division work in Alberta and base it on the equal division of matrimonial property. They will explain to you what makes up matrimonial property, for example, your family home, investments, and pensions. That understanding gets you starting to prepare for negotiations and knowing how to protect your most favorable interest and financial future.

Spousal Support

Another crucial issue is spousal support. Most people know alimony as spousal support. Your attorney will explain a variety of factors that the courts use when awarding spousal support. The factors include: length of marriage; contributions of a spouse to the marriage; financial needs and abilities of each spouse in the marriage. They will explain the computation of spousal support and would outline what you may receive under your facts.

Legal Fees and Costs

Another important aspect of the consultation will be over legal fees and associated costs for the case. The lawyer will explain their fee structure and provide an overview of the general cost in relation to the complexity of your case. This knowledge will help in planning and setting a budget for the representation.

Next Steps

At the end of this consultation, he will summarize what is going to happen further. This may be obtaining more information, submitting the first forms, or organizing mediation sessions. They then give you a time scale regarding this, which allows you to know what to expect over the next couple of months. This roadmap presents clarity and calms the anxiety associated with unknowns.

Data and Statistics

Knowing several of the statistics respecting divorce in Alberta is helpful in placing your own situation in perspective. According to Statistics Canada, the divorce rate in Alberta in 2020 is about 9.4 per 1,000 of the married population. This goes to show that you are not alone in facing this problem. A 2019 study published by the Vanier Institute of the Family found that financial stress was among the key reasons contributing to marital breakdown. This further emphasizes the need to discuss financial issues during your appointment.

Conclusion

The first meeting with a Calgary divorce lawyer in Calgary is a huge step in your process. More than anything, it is the opportunity to share your story and understand what you are about to go through; develop a strategy in line with your goals. Getting ready for the consultation, allowing yourself to be open, can really help you make the most out of that meeting in setting up the bases for an easier divorce process. Remember, your attorney will guide you through the process and will be with you every step of the way to protect your interests.

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