Family Litigation Lawyers Scarborough
Litigation in the Ontario family law context is the process of going to Court to resolve any outstanding issues as a result of a separation or divorce. Long before reaching this stage, AP Lawyers highly recommends that both parties pursue alternative dispute resolution methods, like mediation and arbitration, to negotiate and make their own decisions.
In most cases, the divorcing couple can settle many outstanding issues through negotiations between the parties respective lawyers. Even if the couple is not amicable towards each other, they can rely upon their respective Scarborough litigation lawyers to negotiate on their behalf.
Sometimes in contentious divorces, the divorcing couple decides to skip negotiation processes and go right to litigation. While this is their right to do so, they need to understand when they go right to litigation, they are going to allow the Court and Judge to make all decisions for them.
This is not always the best course to pursue as once the decisions are made, they are legally binding. It is better for the parties to attempt some form of negotiation and then take any unresolved issues to litigation in Court.
At AP Lawyers, we follow a specific process when litigating for our clients to increase the chances of them achieving their objectives.
In the Ontario family courts, the litigation process can be summarized as follows:
- Pleadings – Preparing and Serving the Application, Answer & Reply, including the other required court forms and other supporting documentation.
- First Appearance (not applicable to all cases)
- Case Conference
- Settlement Conference
- Trial Management Conference
During these processes, either party is free to make Offers to Settle. Both parties also have the right to file Motions with the Court on matters that cannot wait to be determined at Trial, such as child custody and access concerns or to compel the other party to disclose vital information.
Whether you are thinking of separating, getting ready to file for divorce or have reached the litigation stage, our litigation lawyer in Scarborough is here to help. Contact our law firm to schedule a consultation today!