There are many ways to resolve a legal dispute, including working together, getting help from a professional and going to court.
Working together with the other person is a great option if the two of you have a good relationship. If you get stuck or cannot work together at all, there are many professionals who can help. These include lawyers, mediators, arbitrators, parenting experts, financial professionals, counsellors, psychologists and social workers.
Going to court takes time and money. It should be a last resort.
Need to know
- Working together with the other person is a great option if the two of you have a good relationship.
- If you do not feel safe or comfortable working with the other person, professionals can help.
- Professionals can help at any point in the process or provide support throughout the whole process.
- Lawyers can give you legal advice about your case while non-lawyers can provide you with information about the law generally.
- Sometimes you may need to go to court to resolve your issues, but it should be your last resort.
Work together with the other person
Working together is a good option if you and the other person feel safe and comfortable and can communicate clearly with each other.
If you are working together without the help of a professional, it is important for both of you to understand your legal rights and responsibilities. Even if you come to an agreement on your own, it must follow the law. Reading through the pages on this website is a good place to start!
If you and the other person get stuck, you can always get help from a professional.
Working together may not be a good option if:
- you are concerned about or have experienced family violence
- you do not feel safe or comfortable with the other person
- there is a power imbalance in your relationship
- you and the other person cannot communicate effectively with each other
- you have a protection order that prohibits or limits how and when you communicate with each other
Learn more about working together on the How to communicate with the other person page.
Did you know?
Going to court and battling it out with the other parent impacts your children more than you might realize.
There is lots of research about the negative impact of conflict on children’s brains, which process conflict as trauma. This trauma affects how their brains develop.
Research shows that families are better off if they can find a way to work together, with or without help from a professional, to resolve disputes outside of court. This is especially true if you have to co-parent with the other person for years to come. The law also encourages people to try to resolve their issues outside of court.
Minimizing conflict is not only a good idea for the healthy development of your children but also a legal duty. The Divorce Act says parents must protect their children from conflict throughout the divorce process.
The Alberta Family Wellness Initiative has a Brain Story course that parents and professionals can take to better understand a child’s brain and trauma.
Get help from a professional
There are many professionals who can help you and the other person resolve disputes, with or without going to court.
Depending on your income, you may qualify for reduced fee or free services, including from a lawyer. You can also ask professionals if they offer sliding scale fees, which are reduced fees based on your income.
Lawyers are trained professionals who have completed law school and are licensed to practice law.
They can perform many tasks, including:
- telling you what the law says and how it applies to your situation
- drafting a separation agreement
- preparing a consent order
- calculating child support or spousal/partner support
- figuring out how to divide your property
- helping you negotiate with the other person
- drafting court documents to file a divorce claim or property claim or to get or respond to a court order
- representing you in court
You can hire a lawyer to help you with all or some of your case. Depending on your income, you may also qualify for free or reduced fee legal help.
Learn more on the How a lawyer can help page.
Mediators and arbitrators are trained professionals who help you and the other person resolve issues without going to court. They can help with a specific legal issue or with several issues over time.
Mediators help you and the other person work together to come to an agreement. They can offer perspective or help you figure out a compromise.
Arbitrators hear from both you and the other person before making a decision, much like a justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta.. These services are often cheaper and faster than going to court and allow you to have more input in the outcome.
This is a good option if you and the other person need help resolving your legal issues after separation and want to do so without going to court.
Learn more on the How a mediator or arbitrator can help page.
Parenting experts are psychologists, social workers and lawyers with training and experience in helping families resolve issues about parenting time, decision-making authority and contact.
This is a good option if you and the other person need help resolving your parenting issues and want to do so without going to court. For example, you can hire a parenting coordinator to help you make decisions or to make decisions for you.
The court can also ask parenting experts to help or evaluate a family and report back to help it decide on parenting issues in the best interests of the children.
Learn more on the How a parenting expert can help page.
Financial professionals include financial planners, accountants, tax specialists and business valuators.
This is a good option if you and the other person have complex finances. They can help you value your property and divide everything in a tax efficient way. They can also help you figure out your income to calculate child support or spousal/partner support, especially if one of you is a business ownerbusiness owner A person who is self-employed, is a partner in a partnership, or owns 1% or more of a corporation..
There are many ways to find a financial professional, including by asking friends and family or searching online.
The issues between you and the other person may not all be legal issues. You may also find it challenging to effectively communicate with each other or find a common goal to work towards.
Counsellors and psychologists can help you and the other person better understand yourselves and each other. They can also help you figure out boundaries for your new relationship after separation, especially if you will be co-parenting for years to come. You can attend counselling individually or together.
This is a good option if you and the other person struggle to communicate, regardless of the issue you are dealing with, and want to build a new relationship going forward.
There are many ways to find a counsellor or psychologist, including by asking friends and family, searching online or via 211 Alberta.
Did you know?
People may say they have legal training and can help you with your legal issues. However, only lawyers licensed to practice law in Alberta can give you legal advice about your issue.
Non-lawyers can only give you information about the law. They cannot tell you what to do or represent you in court. If you are not sure if the person you are dealing with is a licensed lawyer, look them up on the Law Society of Alberta’s Lawyer Directory.
Go to court
If you and the other person cannot work together and cannot agree on getting help from a professional, you may need to go to court. The court can make decisions about all family law issues, including parenting, support payments and property.
The court usually requires you and the other person to try to resolve the disputes outside of court, including with the help of professionals, before you can get help from the court. An exception to this rule is if you are concerned about family violence.
Remember, going to court takes time and money. It should always be a last resort. Many families successfully resolve their disputes outside of court in a way that allows them to have a positive relationship going forward.
Learn more on the Family courts and laws page.
Family Resolution Hub
The Family Resolution Hub is a free, online tool created by the Government of Alberta. It helps you find what options you may have for resolving disputes about parenting, child support or divorce. Learn more on the Family Resolution Hub website.
Take action
Make a separation agreement
Steps to make a legal agreement after your separation.
Make a plan for how to co-parent
Plan for how to co-parent your child after a separation.
Calculate child support
Steps for calculating Section 3 and Section 7 child support.
Calculate spousal or partner support
Steps for calculating spousal/partner supportspousal/partner support On this website, referring to both spousal support and partner support..
How to divide assets and debts
How to divide up your assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments. and debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans. after a separation.