What is Litigation?
Litigation refers to legal action that is taken to assert or defend your rights and many times involves going to court to obtain a decision from a judge. When it comes to family law litigation, the process usually starts when an application is commenced by one party that presents his or her position regarding one or more family law issues. It can be anything from issues over custody or access, the matrimonial home, spousal support, child support, property division or more. Family law disputes that go through the courts are of public record.
The Family Law Litigation Process
The family law litigation process involves the preparation of pleadings and other court documents, exchange of financial disclosure, the presentation of evidence, and written and oral court submissions presented at various court appearances. The family law litigator helps to prepare the individual for the various legal steps that are taken to resolve the family issues through the court system. It is an approach to solving family disputes that involves attending before a judge for motions and conferences, and may ultimately need to be decided in court at a trial if the parties cannot find a resolution.
When the case makes it into a courtroom, the parties with their Vaughan and Toronto litigator appear in front of a judge or dispute resolution officer. The judge’s role is to help the parties narrow down the issues, determine which steps to take next, and evaluate the party’s positions, to help them reach a settlement. In a trial or a motion, the judge’s role is to make a decision on the issue or multiple issues that are placed before her or him after reviewing the evidence and hearing the oral submissions from the lawyers and applying the relevant legal principles.
This type of process can be time consuming. However, it may be the only effective way of dealing with the issues so that the outcome is fair and impartial.
Trust Our Litigation Expertise
Our Vaughan and Toronto litigators appear frequently in the courts in the GTA, so we understand how to move cases through the court system as smoothly as possible.
Call today and arrange a consultation on your family issues.