Offering Litigation
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WHAT IS LITIGATION?
In the litigation process, one or both parties are unwilling or unable to cooperate. Litigation is an adversarial process whereby negotiations occur between counsel with the intention of reaching a resolution. If the parties cannot agree, then the lawyers attend at Court where a Judge makes a decision for the parties.
What to Expect from Litigation:
The litigation process is different for each client and their unique situation. The process also depends on which lawyer is representing your spouse, as some lawyers are more cooperative and reasonable than other lawyers. If the parties cannot reach a decision through settlement proposals or settlement meetings, then Court applications will likely be necessary so that a Justice makes a decision.
THE LITIGATION PROCESS
1. Initial Meeting:
In our first meeting, I provide legal information about the divorce process and inform you of your options. We discuss your goals and concerns.
2. Initiate the Divorce Action:
If your spouse has not already filed a Statement of Claim for Divorce, then we would prepare and file this document, which starts the legal action. If you have already been served with a Statement of Claim, then we prepare and file a Statement of Defence.
3. Financial Disclosure:
Most divorce actions are accompanied by a Notice to Disclose which requires both parties to exchange financial information. This usually occurs before any negotiations regarding a settlement are conducted.
2. Negotiations:
Every matter is different. You may have already received a proposal for settlement from your spouse, or we may discuss preparing and sending an offer of settlement. Usually there are back and forth negotiations between the lawyers with the intention of reaching a settlement. Depending on your situation, we may need to involve a parenting expert, a business valuator or an actuary to appraise a pension.
3. Court Applications:
If the parties cannot reach an agreement through negotiations, then Court applications may become necessary whereby a Judge makes a decision for the parties. This may involve interim applications for child support, spousal support or a parenting order. For more involved matters, a Special Chambers or trial may be necessary in order to reach resolution on all issues, including a divion of property.
4. Finalize the Divorce:
When a resolution has been reached on all issues, either through negotiations or Court Orders, the lawyers prepare a formal divorce agreement and the court documents.
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MY ROLE AS A LITIGATION LAWYER
My goal in representing your interests in a litigation process is to reach a resolution through negotiations, which may include face to face settlement meetings. I will advise you of your legal rights and obligations and provide my opinion on possible outcomes in the Court. Any agreements reached may be put into a formal written agreement or a Court Order. If you and your spouse cannot reach an agreement, then the Court process would be utilized. There are options within the Court process which may include a meeting with a Justice in an Early Intervention Case Conference. If there is still no agreement reached, then Court applications will be necessary in regular Chambers or Special Chambers.