Paths to Resolution
Resolution with Purpose & Precision
There are many paths forward. Our approach is strategic, clear, and always focused on long-term outcomes that reflect your values and goals. We look forward to working with you to find your path to resolution.
Sometimes parties to a Divorce know what they want and need assistance making sure everything is "legal". They may want to ensure their agreement is enforceable. They also may want to have us file the appropriate documents to get the divorce finalized. We can help.
This process can occur by way of a process called the Desk Divorce process. This means the documents are sent in to the courts, and after a waiting period, if all is in order, they are signed by a Justice. No one has to appear in court. It can all be done through affidavit evidence. (i.e. A sworn statement)
This process is relatively low cost and can be quite simple.
Contested means that the parties to a Divorce cannot in whole or in part agree to a final resolution.
Things that typically get contested in a Divorce include where the child will reside, how often they will see each parent, how much support might be payable, what will happen with the property, and so on.
Just because a Divorce is contested does not mean that things have to be "nasty" or chaotic. Adults can disagree. Sometimes it just takes learning what rights a person has before they can figure out what to do. Lawyers are meant to help people gain that understanding and to provide clarity. From there, if the parties are still not able to agree, then our job is to find the right place to have that disagreement resolved in a cost-effective manner.
Possible paths to resolution of a contested divorce can include settlement meetings, mediation, arbitration, binding Judicial Dispute Resolution, Chambers or Special Chambers, and Trial.
Parties to a Divorce can be comforted by the fact that Divorces rarely require a trial to be finalized, but they are a possible option for final resolution when necessary. If your matter proceeds to court in order to get resolution, that is sometimes referred to as entering the litigation process. (more on that below)
Grounds for Divorce:
Anyone can get divorced. There is no barrier to divorce. However, there is a bit of a waiting period before a divorce can be finalized except in certain circumstances.
If there has been no cruelty or adultery involved, parties have to be separated for a year before the divorce can be finalized. If cruelty or adultery are proven to the court, the waiting period requirement is essentially waived.
You do not have to wait a year before you can access the courts. You are still entitled to get a decision regarding things that need to be dealt with right away, like support, parenting issues, possession of the home, etc.
Your lawyer can make an application to court to get these matters heard shortly after separation if needed.
You can seek legal advice at any time, even before separation. It can be a good idea to understand your legal position if you are contemplating separation, especially to ease the anxiety that can come from the confusion of "what if this or that happens".
The term “litigation” refers to the legal process to resolve a dispute between two parties.
Litigation can deal with any family law dispute including divorce, child and spousal support, parenting, and property. Parties in litigation may engage a lawyer right from the start. In many cases, the parties will be able to reach a resolution by settling out of court. However, when this is not possible, the decision is put to a judge or justice.
Litigation can be a lengthly process sometimes taking months. The process begins with one party filing and serving the other party with a document in the proper form outlining the relief they are seeking. This document is usually a Statement of Claim, a Claim, or an Application.
The other party then must file a responding document in order to participate in the litigation within a certain period of time. Litigation does not require mutual consent. The courts can grant orders regardless of the responding party’s participation. Litigation is limited to strictly legal issues.
Once the litigation has begun, the parties typically engage in exchanging disclosure. A number of specified documents are exchanged and parties can demand documents as per their requirements, with both having to comply.
Sometimes, the parties will engage in Questioning, which is the process by which parties are asked questions under oath about their case, position, and evidence. In this process, the party being questioned can be asked to produce additional information. This is known as an undertaking.
Litigation can involve making applications to the court to resolve interim or urgent issues.
It is sometimes necessary to set a trial date if the dispute is not resolvable. There are alternatives to scheduling a trial, including reaching an agreement outside of court, mediation, or setting the matters to an alternative dispute resolution process capable of ending in a binding result.
Evidence in litigation matters is sworn under oath and can be used throughout the proceedings. There are clear rules in litigation defining what can and cannot be considered evidence.
Litigation can be expensive, with both parties unable to predict or contain the total costs. Costs can be awarded throughout the litigation process against an unsuccessful party.
Litigation may not always be the best fit for your matter. However, there are times when litigation is appropriate or may be necessary. Litigation can result in a court orders, which are enforceable by the court. Litigation also provides an avenue for all types of matters to be dealt with thoroughly.
The parties are always free to settle outside of the litigation process if they reach an agreement. Speaking to a lawyer can help you determine if your matter is appropriate for litigation.
Alternative dispute resolution (“ADR”) refers to a process that is not based in litigation and is meant to help the parties come to a resolution by consent.
Some examples of ADR are:
01. Judicial Dispute Resolution (JDR)
This is a meeting between the parties to a court action that is mediated by a Judge. Nothing said in this meeting can be used for litigation purposes.
02. Mediation
This refers to a meeting between the parties which is facilitated by a Mediator whose job it is to help the parties identify the issues and work through them. The end goal is a partial or total settlement. Ask about our mediation process. We have several licensed mediators.
03. 4 Way Meetings
This is a meeting between the parties and their counsel. The lawyers assist the parties in identifying the issue or issues to be discussed and attempt to work out a solution with the parties.
04. ArbitrationIn Arbitration, the parties agree upon the issues, establish a process for presenting them to the Arbitrator and then either come to an agreement, or the Arbitrator will decide the issue.