DIVORCE

The process from separation to the legal conclusion of the marriage, involves various documentation and procedural rules. Often, a divorce is the final step after all other issues, such as the division of family property and child support, have been finalized. These matters can be resolved in various processes:

- Mediation or Arbitration;

- Four-way meetings or Collaborative Law;

- Judicial Dispute Resolution; or

- Litigation.

LEGAL GUIDANCE FOR TAX ISSUES & DIVORCE

Following a divorce, our lawyers understand the importance of avoiding unnecessary financial issues during tax season. If appropriate, our lawyers work with tax specialists and accountants to make sure you are in an optimal tax position following your divorce.

At Wise Scheible Barkauskas we can provide information and guidance to help you with the necessary procedural steps. Contact our office to schedule a consultation.

MEDIATION

Mediation is one alternative to resolving family matters through court.

Mediation is a voluntary process that involves the use of a neutral third party who is trained to direct the parties’ discussion to focus on the issues at hand, improve communications, and assist the parties in reaching a mutually agreeable solution.

Many clients prefer mediation to the formal court process, as mediation is typically faster and more cost effective. Mediation is confidential and nothing said during mediation can be used in court, so parties may speak candidly.

In mediation, parties are able to author unique solutions tailored to their personal needs, rather than have a third party decide for them. Any agreements reached by the parties in mediation can be finalized in a court order or a formal contract with independent legal advice.

COLLABORATIVE LAW

Collaborative law is a process whereby both parties and their lawyers commit themselves to resolving their differences through informal discussions and conferences. In order to resolve your matter through the collaborative law process, both parties’ legal counsel must be trained collaborative lawyers.

An appealing and unique aspect to the collaborative law process is that the parties and their legal counsel will not resort or threaten to go to court.

Collaborative law requires all parties to use their best efforts to create proposals that meet the fundamental interest of both parties and strive to reach a settlement.

Please contact our office for more information about collaborative law, and how our trained collaborative lawyers can assist you.

ARBITRATION

Arbitration is another alternative dispute resolution process; however, in arbitration, the parties give an independent neutral third party the authority to make a decision on one or more issues concerning the parties’ separation and divorce.

After reaching an agreement to arbitrate, the parties execute an Arbitration Agreement, which specifies the Arbitrator’s jurisdiction, the issues that are subject to arbitration, as well as an outline of the process.

An Arbitration Hearing can be conducted in a number of ways, the process of which is often determined by agreement of the parties. The process can be formal, resembling a trial, or very informal. When the Arbitrator reaches their decision, they will issue an ‘Arbitration Award’, which is binding on the parties, just as a court order is.

The arbitration process in Alberta is governed by the Arbitration Act, R.S.A. 2000, and the Arbitrator is most often a lawyer trained in Arbitration.

PARENTING COORDINATION

Parenting Coordination is an alternative dispute resolution process in which the Parenting Coordinator combines education, conflict management and if agreed upon by the parties, decision-making (arbitration) functions.

The overall objective of the Parenting Coordination process is to assist high conflict parents to implement parenting plans or court orders, to monitor compliance with court orders and parenting plans, to resolve conflicts regarding their children, and to promote safe and healthy parent-child relationships.

At Wise Scheible Barkauskas, our lawyers have experience advising and representing clients in the Parenting Coordination process, and we have lawyers who act as Parenting Coordinators. For more information about Parenting Coordination, and how it can be of assistance to you and your family, please contact us to arrange a consultation.

DETERMINING PARENTING RIGHTS AFTER SEPARATION

At Wise Scheible Barkauskas, we understand that parenting after separation is often one of our clients’ most significant concerns.

There are many considerations that clients have to make, including the decision about the division of parenting time, decision-making responsibilities, and building a meaningful parent-child relationship.

We understand that parenting issues can be sensitive and emotional in a legal setting. Accordingly, in the event that parents are unable to agree on a parenting plan, we are here to assist our clients in using mediation, arbitration, parenting coordination, collaborative law or the courts, to assist.

CUSTODY & DECISION MAKING RESPONSIBILITY

Custody arrangements (or decision making responsibility) refers to which parent will make definitive decisions about the upbringing of a child. These decisions can include:

● health;

● education;

● culture, language, religion and spirituality; and

● significant extra-curricular activities.

At Wise Scheible Barkauskas, we utilize our considerable experience into solutions that protect your needs, and the best interests of your child.

Our goal is to help you identify which custodial plan or parenting plan suits your family circumstances, and pursue the means for you to obtain it.