• Can I get divorced without going to court?
  • #1060 Reply

      Is court necessary when separating or getting divorced?

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      • #1065 Reply
        Sarah MillerLawyer

          Absolutely. Many people separate and/or get divorced without ever stepping foot in a courtroom. There are several alternatives to court. For example:

          • You and your spouse can retain a lawyer (or lawyers) to prepare a Separation Agreement and proceed with an uncontested divorce (aka desk order divorce) after it’s signed and filed. Our lawyers specialize in working amicably, respectfully, and cost-effectively with opposing counsel and opposing parties. When lawyers negotiate in good faith and work well together, we can often help our clients achieve fair outcomes while minimizing legal fees and stress for our clients.
          • The Justice Access Centre offers free mediation regarding child-related issues.
          • Spouses can retain “Collaborative Family Lawyers.” This means that both spouses agree that they will not go to court and they commit to resolving their issues through negotiation or mediation. The downside of this is that sometimes one of the parties has the upper hand in some way(s) and will refuse to be reasonable if s/he knows that the other spouse can’t take them to court. If court is necessary, both parties will need to retain new lawyers, and this can cause delay and additional legal expenses.
          • Spouses can go to mediation with a private mediator, with or without lawyers present.
          • Arbitration is an alternative to court that is more private and less formal than attending a trial in a courtroom. Unlike a trial, parties have more say over the process when they attend arbitration, which can cut down on unnecessary steps and legal fees. Another benefit to arbitration is that you know who your “judge” will be, and you’ll know that he or she will be an expert in family law. Many people are surprised to learn that they may appear before a judge who has never practiced family law and the judge might need to rely on the lawyers to explain the law to them.
          • Mediation-Arbitration (“med-arb”) is often a helpful way to resolve family law disputes. This is when the parties attend mediation and try their best to reach an agreement. If they’re unable to reach an agreement on all issues, the mediator will become an arbitrator (or the parties can hire a different person to act as the arbitrator), who can make a binding decision about any unresolved issues. Sometimes arbitration takes place immediately after mediation, or it can be scheduled weeks or months later.
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