Difference between revisions of "Understanding the Legal System for Family Law Matters"
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Understanding the Legal System for Family Law Matters (view source)
Revision as of 20:56, 24 December 2012
, 20:56, 24 December 2012→When Litigation Makes Sense
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You'll need to start a court proceeding if you've tried to resolve things out of court but can't reach a final agreement. For some people, prolonging the conflict is a way of continuing a relationship past separation; others are afraid to commit to a final agreement for fear of the future. Still others refuse to accept anything less than their best-case outcome and don't see the financial and emotional benefits of settlement. | You'll need to start a court proceeding if you've tried to resolve things out of court but can't reach a final agreement. For some people, prolonging the conflict is a way of continuing a relationship past separation; others are afraid to commit to a final agreement for fear of the future. Still others refuse to accept anything less than their best-case outcome and don't see the financial and emotional benefits of settlement. | ||
If your ex has started a court proceeding, on the other hand, you'll have to participate in the litigation or you risk the court making an order without hearing from you. However, just because a court proceeding has started, you're not necessarily headed to a trial. Most family law proceedings in the Supreme Court resolve without a trial; many Provincial Court proceedings also settle short of trial. Settlement can still be reached through negotiation, mediation or collaborative processes. | If your ex has started a court proceeding, on the other hand, you'll have to participate in the litigation or you risk the court making an order without <div>hearing</div> from you. However, just because a court proceeding has started, you're not necessarily headed to a trial. Most family law proceedings in the Supreme Court resolve without a trial; many Provincial Court proceedings also settle short of trial. Settlement can still be reached through negotiation, mediation or collaborative processes. | ||
Even if litigation isn't underway or may not be required to resolve your dispute, you may want to start a court proceeding if: | Even if litigation isn't underway or may not be required to resolve your dispute, you may want to start a court proceeding if: | ||