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Difference between revisions of "Understanding the Legal System for Family Law Matters"
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Understanding the Legal System for Family Law Matters (view source)
Revision as of 04:05, 17 March 2013
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===Deciding Not to Litigate=== | ===Deciding Not to Litigate=== | ||
You could, for example, sit down over a cup of coffee and simply talk about the problem. You could hire a family law mediator to mediate your problems and come up with a solution that you're both as happy with as possible. You could hire a lawyer to negotiate a solution for you, or you could let the lawyer assist you as you work through the mediation process. There's also collaborative law, a kind of mediation in which | You could, for example, sit down over a cup of coffee and simply talk about the problem. You could hire a family law mediator to mediate your problems and come up with a solution that you're both as happy with as possible. You could hire a lawyer to negotiate a solution for you, or you could let the lawyer assist you as you work through the mediation process. There's also collaborative law, a kind of mediation in which you and your ex each has your own lawyer and your own divorce coach, and you agree to work through your problems without ever going to court. Then there's arbitration, in which you both choose the rules that will guide the process and pick the family law arbitrator you want to serve as your own personal judge. | ||
In almost all cases, negotiation and mediation, and even arbitration, are better choices than litigation. They all cost a lot less than litigation, they offer you the best chance of getting to a solution that you're both happy with, and they give you the best chance of maintaining a civil relationship with your ex after the dust has settled. Whatever you do, it's very important that you get legal advice from a lawyer in your area since most laws change from province to province. | In almost all cases, negotiation and mediation, and even arbitration, are better choices than litigation. They all cost a lot less than litigation, they offer you the best chance of getting to a solution that you're both happy with, and they give you the best chance of maintaining a civil relationship with your ex after the dust has settled. Whatever you do, it's very important that you get legal advice from a lawyer in your area since most laws change from province to province. | ||
Despite the obvious benefits of avoiding litigation, most people still go to court when they have the problem. Why? Usually because they are angry, sometimes because they want revenge. Sometimes because they see a bigger threat to their personal and financial well-being than really exists; sometimes because they can't <span class="noglossary">trust</span> their ex any more and simply don't know what to do next. Sometimes, it's because they are emotionally immature and can't get through their anger to return to a more rational, common sense point of view. | Despite the obvious benefits of avoiding litigation, most people still go to court when they have the problem. Why? Usually because they are angry, sometimes because they want revenge. Sometimes they go to court because they see a bigger threat to their personal and financial well-being than really exists; sometimes it's because they can't <span class="noglossary">trust</span> their ex any more and simply don't know what to do next. Sometimes, it's because they are emotionally immature and can't get through their anger to return to a more rational, common sense point of view. | ||
Today, the legal system isn't just about judges and courts, lawyers and the law. It also includes mediation, arbitration | Today, the legal system isn't just about judges and courts, lawyers and the law. It also includes negotiation, collaborative processes, mediation, and arbitration. If you have a family law problem, litigation isn't your only choice. You have options. | ||
===When Litigation Makes Sense=== | ===When Litigation Makes Sense=== | ||
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#there's a history of violence or abuse in your relationship; | #there's a history of violence or abuse in your relationship; | ||
#you or your children need to be protected from your ex; | #you or your children need to be protected from your ex; | ||
#your ex is threatening to something drastic like take the children, hide property or rack up debt; | #your ex is threatening to do something drastic like take the children, hide property or rack up debt; | ||
#your ex is refusing to disclose financial or other information; | #your ex is refusing to disclose financial or other information; | ||
#your ex is refusing to provide support and you need financial help; or, | #your ex is refusing to provide support and you need financial help; or, | ||
