Courts highly encourage and empower divorcing couples to attempt to resolve issues on their own while reaching mutually beneficial agreements. In separation and divorce proceedings, when couples still have outstanding issues to resolve and have not been able to do so on their own, or through mediation or arbitration, litigation in court is required.
Toronto judges and courts prefer divorcing couples to make every effort to reach decisions on their own even in acrimonious separation and divorce proceedings. There are several viable options for divorcing couples to pursue prior to litigation in court including:
- Collaborative Law
Even though there are different Alternative Dispute Resolution (ADR) options, these are not always suitable in every situation. At Davies Law Firm, our Toronto divorce litigation lawyer works with you to determine which methods for reaching agreements and resolving issues would be most appropriate for your situation and in your best interests. We are not afraid to litigate matters in court should it be necessary to resolve any outstanding issues.
There are circumstances where litigation in court could be beneficial. Some of the more common reasons to consider litigation include, but may not be limited to:
- Trust Issues: Litigation ensures both parties are honest. It helps avoid situations where one or both people do not trust each other and ADR processes break down.
- Imbalance of Power: Litigation can provide a buffer between the vulnerable party and the other party, with added protection.
- Full Financial Disclosure: Some spouses may think it is easier to hide certain assets and finances during ADR proceedings without the formality of litigation in court.
- Resolution of Disputed Issues: Regardless of the number of outstanding and unresolved issues, litigation ensures each one is addressed and resolved so the divorce can proceed.
- Legally Binding and Enforceable Decisions: Any decisions made through litigation by the judge are legally binding and enforceable, with a few exceptions. Those exceptions are modifications to existing child custody and access agreements, child support agreements, and spousal support agreements.
- Costs Less for Contested Divorces: Sometimes, one party decides to contest every step of separation and divorce proceedings. Trying to resolve matters using ADR processes could end up costing much more than just litigating matters in court in front of a judge.
- Abusive Marriage Environment: If the environment in the marriage was abusive, choosing litigation could be the right solution since it provides the added protection the abused party often requires.
To learn more about when to use litigation and other ADR options used for separation and divorce proceedings with expert legal advice, contact Davies Law Firm in Toronto for a consultation today.