What are your Options for Divorce & Separation?
Many people know about divorce, but few people understand the divorce options available to them. You may think that court is the only option, but we can help you determine which is the best course of action to fit your situation. Here are the divorce options available to you:
A separation agreement clearly defines the separation from a marriage. It can outline the agreed upon division of property, the custody and access to children, spousal support and much more. We can provide professional guidance in creating a separation agreement that is agreeable to both parties.
A mediator provides a neutral third party to help negotiate the terms of an agreement. Normally your lawyer does not attend the mediation sessions, but you will have opportunity to have your lawyer review the agreement prior to signing. Although this can be effective sometimes, many clients prefer to have their lawyers present and the collaborative support this offers.
Lawyer Divorce Negotiations
With the goal of negotiating a settlement rather than moving to litigation (court), this is a good option for many families. Lawyer led divorce negotiations can be done through correspondence however four way face to face meetings are advantageous.
Negotiations of this nature are always preferred over family court as it’s quicker, and the parties retain control of the outcome. Whereas in court the decision will be with the judge.
Arbitration is similar to court in that an arbitrator; a privately retained professional is provided the powers of a judge outside of a court. The arbitrator is constrained to decide the case on the basis of the law, so creative solutions are not possible. This option; though better than court, is expensive and gives the decision to the arbitrator.
Divorce in Family Court
Family court should always be viewed as the last resort for resolution. However in some cases it’s the only choice. Court cases can be expensive, escalate into mud-slinging that hurts both parties, and in the end the decision of settlement will be with the judge. When representing our clients in court we are always seeking the best outcome for themselves and their children.
Legal Aid provides legal assistance for low-income people living in Ontario