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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 19:49, 6 March 2021
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In almost all cases, negotiation and mediation, and even arbitration, are better choices than litigation. They often 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. It is important to know the law and your rights. | In almost all cases, negotiation and mediation, and even arbitration, are better choices than litigation. They often 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. It is important to know the law and your rights. | ||
Despite the obvious benefits of avoiding litigation, most people still go to court when they have | Despite the obvious benefits of avoiding litigation, most people still go to court when they have a 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 negotiation, collaborative processes, mediation, and arbitration. If you have a family law problem, litigation isn't your only choice. You have options. | 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. | ||
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*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 | ||
*you need to demonstrate that you're serious about moving things forward toward a resolution. | *you need to demonstrate that you're serious about moving things forward toward a resolution. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
The ''Family Law Act'' and, as a result of recent changes, the ''Divorce Act'' both require the court to consider the impact of coercive control and family violence when making decisions about children. | |||
==The law== | ==The law== | ||
