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January 2020 Archives

Spousal support is not automatic after divorce

If a divorce is in your future, you likely understand that your life may be changing drastically, especially if you have been married for some time. One factor that will profoundly affect the stability of your new life is your financial situation. Too often, the outcome of asset division is not enough to allow both spouses to continue the same standard of living as before the divorce, and the lower-earning spouse is usually the one to suffer.

Family law: Family is family even when parents get divorced

It's true that divorce does change the family dynamic, but it doesn't have to mean the end of a family unit. When Alberta parents are on the same page when it comes to doing what is best for their children as dictated by family law, then the pain of divorce may be lessened for everyone. Parental conflict can affect children negatively, so it's imperative divorcing parents keep their issues private.

Family law: Is an amicable divorce really possible?

Divorce doesn't have to be an all-out war. With the family law tools available in British Columbia, divorce can actually be quite amicable. The less stress a divorce creates on the family unit, the better -- especially when children are involved. With tools like mediation and collaborative divorce available to divorcing couples, the whole process can involve compassion and understanding.

Family law: Psychologist apologizes for unfair opinion

A psychologist has agreed that the report she gave in court regarding a visitation issue was one-sided. The psychologist, who is based on the west coast, was involved in a family law case in which a boy who also lives on the west coast with his mother, was set to visit his father in Alberta. The psychologist told a family court judge that the boy might hurt himself if he had to make that visit, but the psychologist admitted never talking with the boy's father. 

Family law: Some vaccination debates end up in court

The decision to immunize or not to immunize children is creating issues in the judicial system. Family law in British Columbia always has the best interests of children in mind and recently, a B.C. judge ruled that two children should be immunized as per the provincial immunization schedule -- much to the disapproval of their mother. The judge also ruled that the children's father should make decisions on the children's behalf regarding medical and dental procedures.

What to do with jointly-held real estate after a breakup

Buying a home together is often an act that solidifies a relationship in a special way. You may feel that you are putting down roots or establishing a future with your partner. Legally, however, you are taking on the mutual obligation to pay a mortgage and the shared responsibility to maintain the property. Because you enter these agreements together, you must break them together, too.

Children's issues: Chosen families in the LGBTQ realm

Family means many things to many people these days and gone are the times when most all families consisted of mom, dad, kids, family dog and the station wagon. Even though diversity is acceptable today, some British Columbia residents who are part of the LGBTQ community still don't get the support of their biological family members. Some children's issues may also be affected when kids begin to spend time with chosen family members -- or people who are accepting of diverse lifestyles.

Family law: Do therapists ever suggest divorce?

Many couples who are having marital difficulties try therapy to sort out their issues. There are some tools under family law in Alberta that may help them, but when they have pretty much tried everything including therapy and nothing seems to be working, do therapists ever recommend divorce to end the suffering? Most therapists say they steer clear of giving advice of any kind and let the couple make their own decisions. 

You don't have to end your marriage in a court battle

One of the reasons you may be hesitating to follow through with your plan to file for divorce is because you do not want to find yourself battling it out with your future former spouse in an Alberta courtroom. Few people would blame you for wanting to end your marriage in a less adversarial fashion. Fortunately, you can.

Parenting plans a challenging part of family law

British Columbia parents may give little thought to how they manage the many tasks that come with parenting. They may even make last minute decisions for schedule changes during frantic mornings or through texts during the day. Parents who are separated, however, do not always have the luxury of being spontaneous with their plans. In fact, one of the most challenging elements of family law is devising a parenting plan that is both predictable and flexible.

Understand your legal options. Make informed decisions. Contact the family law lawyers of Henderson Heinrichs LLP

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