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 ALBERTA:MARRIAGE,SEPARATION, AND DIVORCE:
UNDERSTAND YOUR RIGHTSJean McBean,
QC
Self-Counsel Press
(a division of)
International Self-Counsel Press Ltd.CanadaUSA
 
CONTENTS 
INTRODUCTION
 VII
1NAVIGATING THE LEGAL SYSTEM
11.Which Government Makes LawsRelated to the Family? 12.How Do I Choose the Court in Which to StartMy Action? 33.How Can One Avoid Going to Court? 54.What Is Alternative Dispute Resolution (
 ADR
)? 6
2FINDING AND WORKING WITH A LAWYER
131.How Do I Choose a Lawyer? 132.How Much Do Lawyers Cost? 163.How Can I Get a Lawyer if I Am on Legal Aid? 184.How Can I Keep My Legal Fees Down? 215.What If the Lawyer's Bill Is Too High? 226.What Can I Do If I Don't Like the Way aLawyer Has Treated Me? 23
3LITIGATING WITHOUT A LAWYER
251.How Can I Get Free Legal Help? 252.How Do I Obtain a Copy of the Law that Applies to My Problem? 273.How Do I Start a Court Action? 274.What Do I Do If I Am Served with aCourt Document? 315.What If We Are Not Able to Settle the Caseand End Up in Trial? 356.What Do I Do after the Trial? 39
4MARRIAGE AND FAMIL
411.What Is Meant by the Word “Family”? 412.What Are the Essentials of a Formal Marriage? 433.When Is an Informal (Common-Law or Same-Sex) Relationship Recognized, and Does ItConvey the Same Rights as a Formal Marriage? 46
III  
 
4.Are There Special Laws Related to anEngagement to Marry? 515.What Are the Requirements for theSolemnization of Marriage? 526.What Is a Woman's Legal Name after marriage? What about the Children? 547.Marriage Contracts 58
5MATRIMONIAL PROPERTY LAWS
741.What Is a Separate Property Regime? 752.What Are the Rules for DifferentTypes of Property? 773.What Matrimonial Property Can I Expect toGet If We Separate? 86
6SEPARATION AND SEPARATION AGREEMENTS
921.When the Honeymoon Is Over, Where Do I Turnfor Help? 922.When It Is Really Tough, Whatabout a Separation? 983.What Is a Legal Separation? 1014.What Is a Separation Agreement andHow Does It Work? 1025.If We Don't Agree on Who Should Stay In theHouse, Can I Get a Court Order Requiring MySpouse to Move? 1136.If I Take Furniture When I Leave, Can I BeCharged with Theft? 1187.When We Split, How Will Our PropertyBe Divided? 1208.What Happens to the Debts after the Split? 129
7FAMILY VIOLENCE
1321.What Do I Do If I Am Assaulted or Fear I WillBe Assaulted? 1332.What Do I Do If I Think I Am Being Stalked? 1353.What Is an Emergency Protection Order andHow Can I Get One? 1364.What Is a Restraining Order and HowCan I Get One? 139
iv 
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 ARRIAGE
 , S
 EPARATION 
 ,
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 D
 IVORCE
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