Family Lawyer in Calgary
Calgary Family Lawyer: Your Trusted Partner for Divorce, Parenting and Family Law Matters.
We know divorce is tough.
We work closely with our clients going through family law and divorce proceedings in Calgary, Alberta, providing support throughout every stage of what can be a challenging and emotionally taxing process.
With over 11 years of collective experience in handling complex divorce cases and family law matters, we are committed to being forthright and diligent in meeting your specific needs and achieving your desired outcomes, earning your trust along the way.
FAMILY LAW
GSD Family Law Services:
How We Can Assist
Choose our law firm for trusted and dedicated legal representation in family law matters.
Divorce
Parenting
Spousal Support
WHAT YOU NEED TO KNOW ABOUT FAMILY LAW
Explanation of Relevant Terms in Family Law
Contested/Uncontested Divorce
A contested divorce involves one party disagreeing on issues like parenting, requiring court resolution. An uncontested divorce is when all parties agree on all potential or real issues.
Parenting/Child Support
This is often a contentious issue in divorce. Resolution involves defining who a child is (typically age 18, depending on the law) and focusing on the child's best interests, which can be broad and involve statutory interpretation or international treaties (Canada is a signatory).
Child Protective Services (CPS)
Children sometimes need separation from family due to issues like abuse. CPS is a government agency that investigates these matters and collaborates with the police, handing over cases with findings of criminality for further investigation and prosecution.
Contact
Refers to the court's ability to issue directives authorizing or removing communication rights with a person, depending on the situation.
Guardianship
Issues of guardianship come into play when the court considers the parents not to be fit or proper persons to assume the role of parents. In such instances, the court would confer such parenting rights on another person.
Mediation/Arbitration
At any stage of a court proceeding, the parties can decide to settle a matter. Mediation and arbitration are two of the many alternative dispute resolution mechanisms available to the parties. It is important to keep in mind that they have different consequences. Mediation, on the one hand, is not binding and is simply an attempt by the parties to settle the matter. If it breaks down, the parties can always go back to court. Arbitration, on the other hand, is binding once the parties have committed to it. After the arbitrator gives a decision, it is usually binding on the parties unless certain issues, such as abuse of process, can be raised.
Paternity
Paternity may seem like a simple issue until it arises in a divorce or other circumstances that require a party to confirm whether they are the biological parent of a child.
Separation Agreement
Whether married or living in a common law relationship, once circumstances require the parties to live separately, a separation agreement may be needed. This helps define the rights and responsibilities of each party.
Prenuptial Agreement
This is one of the most common terms in family law due to the influence of the media. This kind of agreement defines the property rights of the parties before they enter into marriage and, more importantly, focuses on what property rights accrue to each of them in the event of separation or divorce.
Spousal support
Supporting a spouse is often contentious, and emotions can lead parties to act irrationally. A financially stronger party who feels wronged might use financial means as leverage or punishment, potentially withholding or moving funds out of the court's jurisdiction to prevent the dependent spouse from accessing them. In such situations, the court can issue directives to balance the financial equation. These are common contentious matters in family law.
Contact GSD Law Group if you have any family law issues, whether you are the plaintiff or the defendant. We are here to help.
Frequently Asked Questions
Common Questions
If you are thinking about separating or divorcing, it's important to:
- Speak with a family lawyer early to understand your rights and obligations
- Gather important financial documents (bank statements, tax returns, property records)
- Avoid making major financial or parenting decisions without legal advice
- Keep communication with your spouse respectful, especially where children are involved
- The family lawyers at GSD Law Group can guide you through the process and help you make informed decisions from the start.
Divorce is obtained through a court application under Section 8 of the **Divorce Act**, and requires a breakdown of the marriage. The grounds for marriage breakdown include:
- You and your spouse have lived separate and apart for at least one year
- One spouse can prove that the other committed adultery, or adultery is admitted
- One spouse can prove that the other treated them with cruelty, or cruelty is admitted
Divorces based on adultery or cruelty can be granted without a one-year wait, but practical considerations (proving grounds, resolving parenting, child support, spousal support) often lead people to proceed based on one year of separation. While dividing family property isn't a legal requirement for divorce, it's an important part of the overall separation process.
In Alberta, property division is governed by the **Family Property Act**. Generally:
- Property acquired during the relationship is divided fairly (often equally)
- Certain assets may be exempt, such as property owned before the relationship or inheritances
- Debt is also divided as part of the process
- Every situation is different, and a family lawyer at GSD Law Group can help determine what you may be entitled to.
Alberta courts focus on the **best interests of the child**. Factors include:
- The child's emotional, physical, and psychological needs
- Each parent's ability to care for the child
- Stability and existing routines
- The child's views (depending on age and maturity)
The law now refers to **parenting time** and **decision-making responsibility**, rather than "custody" and "access."
Child support is determined using the **Federal Child Support Guidelines** and is primarily based on:
- The paying parent's income
- The number of children
- Parenting arrangements
- Additional expenses (such as daycare, extracurricular activities, or medical costs) may also be shared between parents.
Spousal support is not automatic. Entitlement depends on factors such as:
- Length of the relationship
- Roles during the relationship (e.g., income earner vs. caregiver)
- Financial need and ability to pay
- Economic disadvantage caused by the relationship or its breakdown
The family lawyers at GSD Law Group can help assess whether spousal support applies in your situation.
If support payments are not being made, enforcement options may be available, including:
- Registering the order with the **Maintenance Enforcement Program (MEP)**
- Court applications to enforce or vary support
GSD Law Group can help you take the appropriate legal steps to recover unpaid support.
Yes. Many family law issues can be resolved through **Alternative Dispute Resolution (ADR)**, this can include:
- Negotiation
- Mediation
- Arbitration
These options can save time, reduce costs, and minimize conflict. However, court may be necessary in high-conflict or urgent situations.
Generally, no. A parent usually requires the other parent's consent or a court order before travelling outside the province or country with the children. A court order or written agreement permitting travel will often include specific conditions, such as:
- Providing advance notice to the other parent
- Sharing travel itineraries and dates
- Supplying contact information while travelling
- In some cases, providing a consent letter or additional documentation
Travel terms vary depending on the family's circumstances, and every court order is different. A GSD family lawyer can help clarify your rights and ensure appropriate safeguards are in place.
No. Divorce is not automatic after one year of separation. You must still start a formal court process by filing a Statement of Claim for Divorce and serving it on the other party. Once served, the other party has a limited time to respond:
- 20 days if served in Alberta
- 1 month if served elsewhere in Canada
- 2 months if served outside Canada
The other party may respond by filing and serving a Statement of Defence or a Demand for Notice. If the other party does not file and serve a response within the required time, they risk losing the ability to have their position heard by the court. In those circumstances, the court may grant a Divorce Judgment and other relief requested by the plaintiff. The non-responding party may also lose the right to receive notice of further court proceedings.
Family Focused Protocol (FFP) in Alberta
There are three main streams:
- **Regular Family Process** – For families seeking final decisions on all issues.
- **Desk Process** – For routine or time-sensitive requests, like consent orders.
- **Urgent Process** – For situations that cannot wait, like safety concerns or risk of a child being removed.
Early in the process, you will attend a Mandatory Intake Triage (MIT) meeting with your assigned judge. The judge will:
- Make temporary or procedural orders if needed
- Decide what reports or information are required
- Explore options for mediation or early resolution
The Urgent Process is for situations that require immediate attention, such as:
- Violence or threats to safety
- Risk of a child being removed from the province
- Emergency parenting disputes
- Emergency Protection Orders (EPO)
These matters are prioritized and handled quickly.
The FFP aims to:
- Address urgent issues quickly
- Provide consistent guidance from a judge
- Encourage early resolution through mediation and settlement
- Streamline court procedures to reduce delays
This makes the process less stressful and helps families focus on their children and important decisions rather than unnecessary court delays.
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