Litigation is the legal term used to refer to the resolution of outstanding issues relating to separation and divorce in Court. In recent years, separating and divorcing couples have been empowered and encouraged by the Courts to attempt to create their own mutually beneficial separation and divorce agreements.
Courts and judges prefer it when couples can reach decisions on their own, even when the separation and divorce is not amicable. The processes the divorcing couple can pursue before litigation could include collaborative law, mediation, and arbitration, which are all considered types of alternative dispute resolution (ADR).
Even with different ADR options, these methods are not always suitable for every separation and divorce proceeding. At Davies Law Firm, we work with our clients to determine the most appropriate solutions that are in line with their best interests.
Our Ottawa divorce lawyer is not afraid to take matters to Court in front of a judge should it be necessary to resolve outstanding issues in your separation and divorce.
Our law firm believes there are times it can actually be beneficial to litigate matters in Court. There are different circumstances which could make litigation a much better solution during your separation and divorce proceeding including:
- Power Imbalance: If there is an imbalance of power between the divorcing couple, litigation could provide a buffer and provide added protection for the more vulnerable party.
- Abusive Marriage: If there was any form of abuse in the marriage, litigation can be a good solution and provides added protection for the abused party.
- Issues of Trust: If one or both parties do not trust each other, they cannot be sure whether the other person is being honest during any ADR process. Litigation ensures both parties are honest.
- Full Disclosure of Finances: Even though ADR processes do require each party to provide a full disclosure of their finances and assets, some spouses may feel it can be easier to hide finances and assets without the formality of Court.
- Less Expensive for Contested Divorces: If your separation and divorce process is contested at every step, attempting ADR processes could be more expensive, especially if you need to rely upon extensive use of financial and real estate specialists and other professionals.
- Legally-Binding Decisions: The decisions made by the judge are legally binding. There are only a few exceptions where the decisions can be changed, such as a request to modify an order for child support or a request to modify a child custody and access agreement.
- Resolves Disputed Issues: Whether the entire separation and divorce agreement is unresolved or there are just a few outstanding issues, litigation ensures they are resolved so the divorce can proceed.
For additional information about litigation as part of your separation and divorce, please feel free to contact our Ottawa law firm at (613) 688-0462 to schedule a consultation today.