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Edmonton Family Lawyer, Ron Billingsley deals almost exclusively with the following family law and divorce law issues. If you answer “yes” to any of the following questions, call 587-873-5610 today for a free consultation.
Regardless of the circumstances, Edmonton Divorce Lawyer and Edmonton Family Lawyer, Ron Billingsley can help you with any of the following Family or Divorce legal services.
Are you going through a divorce and custody and/or access to your children are in dispute?
Custody and access are terms used in divorces, whereas parenting time is the term used in common law separations. Although the current trend in divorce law is towards joint custody, or shared decision-making with respect to the children, there are exceptional cases where sole custody should be awarded to one parent. Although the typical access or parenting time that the non-custodial parent receives is every alternate weekend with the children, there are exceptions in this case as well, for example, where 50/50 shared parenting should be awarded.
If you need a Divorce Lawyer for Custody and Access to your Children, call Ron today!
Were you in a common-law relationship that produced children and you want parenting time?
Although the terms used in common law are different than in divorces, the above trends are commonly followed by the Courts at the end of common law relationships.
Typically, unless exceptional circumstances, decision-making with respect to the children is shared and typically, the father has parenting time every second weekend. There are of course exceptional cases in which father has primary parenting.
Are you seeking child support payments or feel you are overpaying or perhaps you have child support arrears?
The obligation to pay child support is virtually unavoidable. See the Family Law Resources section for a link to the Federal Child Support Guidelines, which determines child support payable based on gross annual income, residence of the paying parent, and the number of children involved. If the non-custodial parent has the child or children for 40% or more of the time, then he or she is entitled to an off-set from the custodial parent in which the child support obligation is reduced.
Are you separated from either a common-law relationship or marriage and you are seeking spousal support or defending a spousal support claim?
This is a very gray area in family law, and if you proceed to Court, your decision will vary widely from Judge to Judge. The “Spousal Support Advisory Guidelines” is virtually a bible and lays out a complicated formula to calculate a range of spousal support. First, one must establish entitlement. Second, the quantum (amount) and duration (length of time) have to be determined either via negotiation or litigation in Court. See a helpful link under Family Law Resources for a guideline calculation in your particular case. (Note: The Court is not bound by this calculation.) Spousal support is one of Mr. Billingsley’s strong suits, for example, he gave a seminar on the topic at a mid-size law Edmonton law firm in Fall 2010. Also note that in common law relationships, adult interdependent partner support can be sought after the parties have co-resided for 3 years or more.
Are you getting divorced and you have matrimonial property to divide?
This area of family law is based on reciprocal financial disclosure from both parties. It is “all numbers”, and usually is settled through negotiation between counsel or a 4-way meeting with both counsel and both parties. Matrimonial Property Trials are expensive and rare. The default rule is that matrimonial property is split 50/50, unless either party has an “exemption” or “exemptions”, that is, property owned previous to cohabitation (living together). This area of the law is also a strong suit of Mr. Billingsley. Since it is primarily numbers and math and Mr. Billingsley has a Physics Degree, he enjoys negotiating property settlements.
Are you subject to, or defending a claim for an emergency protection order?
The priority of clients that are subject to an EPO is typically to have the children removed from the EPO ASAP to facilitate access or parenting time. This can be achieved through Affidavit evidence and/or a hearing in Court. Mr. Billingsley has had historical success on having the children removed from an EPO by way of consent of opposing counsel and therefore, reducing the legal costs to his clients.
Do you think you should be entitled to a share of your common-law spouse’s property?
This claim is unique to common law relationships. Unlike in divorces where the default rule is 50/50 division, if you are not on title to the common law property/ home, then you are not entitled to a 50/50 division. A typical remedy in this situation is a constructive trust claim. This is based on “sweat equity”, for example, time that you put into renovating or improving the home, for example. This is one of the more complicated areas of family law, and competent representation is highly recommended. Mr. Billingsley has had historical success in settling these claims out of Court.
Are you entering a relationship and are looking to prepare a prenuptial agreement?
The rate of divorces in Canada is higher than 50% currently, so the advantages in planning ahead cannot be understated. By properly preparing a prenuptial agreement, one can avoid the spectre of spousal support, protect property and assets owned previous to the marriage, and even plan for possible property division following a possible divorce. Prenups are strongly recommended by Mr. Billingsley.
Or perhaps you were married or in a common law relationship and are looking to prepare a separation agreement?
Also referred to as “Minutes of Settlement“, Separation Agreements typically delineate or lay out the parties’ agreement with respect to custody, access or parenting time; spousal support or adult interdependent partner support; and property division. The parties can agree to virtually any issue imaginable, and Separation Agreements are therefore a cost-effective, flexible approach to settlement and avoid costly litigation.