What is Litigation?

Litigation refers to legal action that is taken to assert or defend your rights and at 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.

Family Law Litigation

Family Law Litigation is a method of resolving family disputes that involves attending a family law court, in front of a judge that is assigned to the case. The family law litigation process requires the pleadings and other court documents to be filed in the relevant court. To file, the pleadings need to be carefully prepared along with full financial disclosure. The next step would be securing evidence to present to the court, along with written and oral submissions. Inherent in the process are various mandatory court appearances (i.e. Judicial Conferences) and often there are some optional court appearances too, such as motions. Family lawyers can help prepare their clients for the various legal steps, thereby endowing their clients with the advantages borne from their professional level of knowledge and skills. Before trial, The judge’s role is to help define and narrow the issues, determine the next steps, and evaluate the party’s positions in case it will encourage them to reach a settlement. In a trial or a motion, the role of the assigned judge becomes that of the ultimate decision maker on the issue(s) after systematically reviewing the evidence and hearing the oral submissions from the family, and applying the relevant legal principles. The family law litigation process is almost always costly and lengthy. However, it may be the only effective way of deciding the issues so that the parties can move on with their lives.

Trust Dubin Legal Advocacy’s Litigation Expertise

Lori Dubin and her team frequently interact with / attend, numerous courts in the GTA. They understand how to move cases through the system as smoothly and efficiently as possible.

Call today and arrange a consultation on your family issues.