Advantage Family Law
Divorce
Advantage Family Law is a Calgary law firm that focuses exclusively on Separation and Divorce Matters
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The entire focus of our practice is family law. This means that every single member our legal team is 100% focused on the type of help you need for your separation or divorce. Anyone you deal with in our office, from the receptionist to the senior lawyer, will have nothing else to work on or talk about other than family law.
The Advantage of Senior Experience
Advantage Family Law guarantees that an experienced lawyer will handle your case. Our founder, Christopher Bungay, has been practicing law since 2003. In his 20+ year career, he has acted for clients across Canada in all types of legal disputes. He has been a member of legal associations in three (3) different provinces.
Chris moved with his family to Calgary in 2019. Prior to that, he managed a law firm in BC that spanned three (3) cities and served clients in all ethnic communities.
The Advantage of Senior Experience
Chris has been a lawyer for hundreds of clients throughout the span of his career. His approach is to do everything possible to try and settle your case in a way that avoids conflict. Chris is always mindful of how much you are spending, and how much stress you are experiencing.
Unfortunately, Chris also knows that, sometimes, your ex-spouse will not want to cooperate. In these circumstances, he is always ready to fight on your behalf in Court if necessary. Chris is currently an active member of the Canadian Bar Association (CBA), and the Alberta Family Law subsection of the CBA.
Advantage Family Law guarantees that an experienced lawyer will handle your case. Our founder, Christopher Bungay, has been practicing law since 2003. In his 20+ year career, he has acted for clients across Canada in all types of legal disputes. He has been a member of legal associations in three (3) different provinces.
Chris moved with his family to Calgary in 2019. Prior to that, he managed a law firm in BC that spanned three (3) cities and served clients in all ethnic communities.
Chris has been a lawyer for hundreds of clients throughout the span of his career. His approach is to do everything possible to try and settle your case in a way that avoids conflict. Chris is always mindful of how much you are spending, and how much stress you are experiencing.
Unfortunately, Chris also knows that, sometimes, your ex-spouse will not want to cooperate. In these circumstances, he is always ready to fight on your behalf in Court if necessary. Chris is currently an active member of the Canadian Bar Association (CBA), the Alberta Family Law subsection of the CBA, and is a member in good standing of the Law Society of Alberta.
What We Do
We help clients with all aspects of separation and divorce, including the following:
What We Do
We help clients with all aspects of separation and divorce, including the following:
- Meeting with new clients for an hour to help them understand their options before they decide to hire a lawyer
- Ensuring that our clients do not pay more for their divorce than is absolutely necessary
- Making sure each spouse pays or receives the appropriate amount of support following divorce
- Taking steps to ensure that any children you may have will be supported financially after/during the divorce process
- Helping our clients to obtain a fair division of any property
Meeting Us for the First Time is Not Just a Phone Call
Meeting Us for the First Time is Not Just a Phone Call
Some firms offer quick phone calls with a lawyer or a paralegal for free. However, at Advantage Family Law, we take the time to get to know you and give you the best advice we can. We meet all new clients for an hour either in-person or by Zoom (how we meet is up to you). Every new client meeting is with a senior, experienced lawyer.
During the meeting, we take our time, listen carefully to your story, and review the finances from your marriage. This hour long meeting allows us to dig in and give you good advice for how you can choose to move forward in the divorce process.
Getting Together Important Documents
At the beginning of the divorce process, it will be important to get together documents that show the financial status of you and your spouse. This is because divorce is largely about making sure the assets/finances are shared fairly between spouses after the marriage breaks down.
To get the most out of any conversation you have with a lawyer, it will be important to bring along important financial information and documents. This may include the following:
- A list of all assets owned by you and your spouse (jointly or individually). These types of assets include homes, vehicles, stocks and bank accounts.
- Documents showing any debt you have (either shared or individual) . Examples of these kinds of documents are bank documents such as mortgage statements, lines of credit bills, and/or bank statements.
- Copies of any income tax returns or notices of assessment you have for you or your spouse.
- A copy of your marriage certificate (if you have one).
Asking a Judge to Give You a Divorce
Asking a Judge to Give You a Divorce
If you choose to hire us, we will file Court documents asking a judge to grant you a divorce. Unfortunately, there is no way to get a divorce in Canada without asking a judge to grant you one.
Please keep in mind that, just because we file legal documents asking for a divorce, this does not mean you will be going to Court, and it does not necessarily mean you will have to spend thousands of dollars to get a divorce. How long the process goes on, and how much it costs often depends on how well you and your spouse can work together (with our help) to bring things to a fair ending.
Settling Your Case and Moving On
It is always our goal to try and settle your divorce case as quickly as possible and to save you as much money as we can. After Court documents are filed asking for a divorce, we try and help you and your spouse to end things with as little confrontation as possible. For example, we try and work out a separation agreement with your ex-partner. These agreements can set out terms that are fair to each of you, noting how money and assets will be shared.
Settling Your Case and Moving On
If your ex-partner is being difficult or unwilling to enter into an agreement, we can set your matter down for mediation. This is a process in which you and your spouse can meet with your lawyers and a neutral third party known as a “mediator”. At this proceeding, we can use our experience and legal skills to help convince your spouse and the mediator to finalize your separation in a way that is in the best interests of everyone involved (especially your best interests).
It is always our goal to try and settle your divorce case as quickly as possible and to save you as much money as we can. After Court documents are filed asking for a divorce, we try and help you and your spouse to end things with as little confrontation as possible. For example, we try and work out a separation agreement with your ex-partner. These agreements can set out terms that are fair to each of you, noting how money and assets will be shared.
If your ex-partner is being difficult or unwilling to enter into an agreement, we can set your matter down for mediation. This is a process in which you and your spouse can meet with your lawyers and a neutral third party known as a “mediator”. At this proceeding, we can use our experience and legal skills to help convince your spouse and the mediator to finalize your separation in a way that is in the best interests of everyone involved (especially your best interests).
Frequently Asked Questions
Frequently Asked Questions
How much does it cost to hire a lawyer?
In our experience, family lawyers in Alberta can charge anywhere from $200-$600 per hour. Advantage Family Law charges $150 plus GST for a 45 minute meeting to review your case and give you an initial opinion on your divorce.
Assets and money – ‘Who’ gets ‘What’ after a divorce?
The law tries to divide assets between former spouses in a fair and just manner. Please note that, in most cases, it does not matter if the assets are only in the name of one spouse. It also may not matter which spouse worked/ contributed money only to the purchase of an asset (home, vehicles, stocks, etc.). Generally, the law recognizes that assets which are accumulated during a marriage are most often considered to be ‘joint’ assets, meaning both spouses may be entitled to part of their value after the couple separates.
How long do I need to be separated before I can get a divorce?
Generally, the law requires a couple to be living separate and apart for one (1) year to be granted a divorce. However, you can start the divorce process (file a claim for divorce with the Court) before one (1) year of separation. Some exceptions to the one year waiting period include cruelty/abuse and adultery. In other words, if you have been the victim of cruelty/abuse, or your spouse cheated on you, legally you would have a right to get a divorce sooner than one year from the time of separation. This said, even in these cases, the process for divorce will usually take one year or longer. While a full year wait may seem like a long time, there are usually issues that take at least one year to resolve while you are waiting to get a divorce. These kinds of issues include dividing property and assets, and parenting time/custody over children.
How are children supported during/after a divorce?
The legal system always puts the “best interests” of children first. During or after a divorce, both parents have a duty to continue to support any children emotionally and financially. For example, if one spouse earns a significant amount of money, that spouse must continue to pay support for the children even if they are no longer living with him/her.
What Are the Steps Involved in Getting a Divorce?
While each case is different, the following are some common steps in getting a divorce:
What Are the Steps Involved in Getting a Divorce?
While each case is different, the following are some common steps in getting a divorce:
Getting advice on potential divorce from a lawyer
Most people will usually try and talk to a lawyer to find out how the process works before they use the legal system to get a divorce.
Filing a claim for divorce with the Alberta Court system
This is a document in which you request the legal system to give you a divorce. Anyone in Alberta who wants a divorce must file this document. This can be done by you personally or it can be dealt with by your lawyer (if you have one). Your spouse will also be required to file a legal document called a Response which outlines his/her position on the divorce.
Negotiation/Mediation
After legal documents are filed, the legal system requires you and your spouse to make efforts to negotiate any issues arising from the divorce. You and your spouse can try and settle your differences on your own, or a lawyer can do this for you. These negotiations can be informal (communications between your lawyers or each other). The legal system also provides more formal/legal proceedings for spouses to try and resolve their differences. Examples of these proceedings are mediations and arbitrations.
Divorce judgment
Once you are separated for 1 year, a judge in Alberta can grant you a divorce judgment. This is an order by a judge that officially makes you divorced. Much of the time, you will not be able to get a final divorce until any issues in dispute are resolved. For example, a judge may not want to grant you a divorce if you and your spouse have not come to an agreement on support for the children or dividing property. While it is possible to get a divorce without these issues first being resolved, it is more difficult to do so.
Going to trial/court
If you and your spouse are unable to reach an agreement on issues such as dividing property, support for the children or child custody, at that point you may be required to have a trial in a courtroom in Alberta. A trial is a proceeding where a judge hears both of your arguments. At the end of the trial, the judge will decide any issues that you and your spouse cannot resolve. The judge may also grant a divorce as part of these proceedings.
Get the “Advantage”
Advantage Family Law does what our name says: we give you the best advantage possible to get a fair result in your divorce. Our team is 100% focused on your family law needs. You will always deal with a senior lawyer, and you will always be our most important client.