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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100960
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My brother would like to seek a divorce from his common law

Customer Question

Hello. My brother would like to seek a divorce from his common law wife. They have two toddlers together. The family includes an 18 yr & 21 yr old from the wifes previous marriage. The have not been adopted by my brother. His wife is going to deny him visitation of the children if he decides to move out. What type of options does he have? He also does not have a lot of money.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Alberta Canada
JA: Have you talked to a lawyer yet?
Customer: No he hasn't.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at this time. I'm sure more questions will come up. Thank you.
Submitted: 8 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 8 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 8 months ago.

Are you asking about your brother's right to his own two children?

Customer: replied 8 months ago.
If he were to move out due to mental and verbal abuse would that be considered abandonment? He is still married to a woman who left him and went back to the states. She refuses divorce. This would be another issue that he needs to take into consideration. The baby mama that he is currently with he has been with for 8 years.
Expert:  Legal Ease replied 8 months ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

Yes it would be considered to be abandonment.

He should not move out unless there is an agreement or court order relating to custody and access.

So his best next step is to consult with a family lawyer in his city.

He can contact the Law Society and use their Lawyer Referral Service. He will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or
***-***-**** in Calgary

Does that help as a starting point?

Customer: replied 8 months ago.
That helps immensely. Thank you so much.
Expert:  Legal Ease replied 8 months ago.

I am glad to hear it.

Keep my name, it is Legal Ease, and if you or your brother needs more help then next time you post a question you can put my name into the question and I will be the one to answer.

Please rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Expert:  Legal Ease replied 8 months ago.

Is there anything more I can help you with at this point in time?