The legalities of ending a marriage can add an unwelcome layer of logistics and technicalities at a highly emotional time. However, it’s vital to carefully evaluate whether or not to engage a family lawyer for a divorce.
At Nanda & Associate Lawyers, we’re well-versed in the pertinent laws, ordinances, and court procedures, and can provide practical direction and advocacy to our clients throughout the process. We’re mindful that when private connections are affected, bringing in a professional can feel unnecessarily forceful.
Our guidance can allow for thorough questioning of witnesses, and legal arguments based on the relevant precedents. This means that civil litigation lawyers can give you a reasonable idea of what to expect from the start.
Won’t Litigation Make The Situation Worse?
Involving a family lawyer doesn’t mean that you’ll go to court. In fact, if it’s something you don’t want, then professionals can make an effort to keep cases litigation-free. Then again, it’s worth noting that while parties surrender control of the decision-making process to the court, litigation follows an official format that involves rules of procedure, proof, and court stipulations. The structure and predictability ensure that all parties have an opportunity to say their piece and evidence fairly and transparently.
This can be frustrating for parties who want to have a say in the outcome of their dispute, but law firms in Mississauga can make compelling cases to protect their clients. Of course, humanitarian and compassionate grounds are of utmost importance, but the legal process doesn’t allow obstacles and distractions. The judge has the right to rule on various aspects of the case, including property division, child custody, and support which may not align with the parties’ preferences.
In some cases, litigation may be necessary to ensure that the legal rights of at-risk parties are safeguarded, for example, in cases of domestic violence. If urgent action is needed, a family law litigation lawyer can help obtain restraining orders or emergency orders from the court to ensure the safety of the victim and any children involved.
What To Expect
It depends on the type of divorce you are pursuing. In general, the process will involve:
- Filing a petition with the court
- Serving the other party with the petitionand any other necessary documents
- Negotiating and reaching an agreement on the issues (if possible)
If an agreement cannot be reached, attend court hearings and present evidence to support your position.
Know Your Divorce
There are several classifications of divorce cases in Canada, one of which is uncontested. This is where both parties have reached an agreement on all of the issues and do not need to go to court. This is often the quickest and most peaceful, as both parties are generally motivated to keep things amicable and fair. When this doesn’t happen, a divorce is referred to as contested.
When the parties cannot agree on one or more issues, such as property division or child custody, a divorce lawyer will likely be necessary to help resolve the issues and represent your interests. Our law firm has handled a number of these cases, and as counsel, we make sure that clients aren’t barred from their daily activities. We take over so that you can retain as much normality as possible.
Lastly, there’s a joint divorce. This is where both parties file together and work together to reach an agreement on all of the issues. This is similar to an uncontested divorce, but both parties must agree on all terms before filing. These cases don’t necessarily go to court, but legally sound paperwork does have to be drawn up.
What Should I Look For In A Divorce Lawyer?
If you’ve decided to hire a family lawyer for your divorce, there are several things you should look for to ensure that you choose the right team for your needs. Some things to consider include:
- Look for someone who has experience handling cases similar to yours.
- Make sure you ask about the lawyer’s payment and that it is reasonable for your budget.
- Look for counsellors who have a good reputation in the legal community and who are known for providing quality representation.
- You want a communicative lawyer who will empathize with you and keep you updated on the status of your case.
- Ensure they’re available to you at times convenient for you and are responsive to your calls and emails. If you cannot contact them during work hours, look for someone comfortable taking your calls in the early morning or the evening.
- It’s important to find someone who you feel comfortable working with and who understands your goals and concerns.
Our staff speaks several languages besides English and French, and we find it helps significantly when clients can communicate in their first language. It might seem like skills and qualifications should trump all, but when counsel goes the extra mile to put themselves in your shoes, the process is smoother.
For us, the ability to connect with our clients is more than just being able to build an accurate case. We believe that the more we understand you, the better we can understand what the best options are for you.
What Are The Potential Drawbacks?
One of the potential drawbacks of getting a family lawyer for your divorce is the cost. Legal fees can be expensive, and if the matter is contentious, the costs can quickly add up. Additionally, having a legal representative can sometimes prolong the process, as they may need to negotiate with the other party or go to court to resolve certain issues.
Then again, the time of divorce is the time to create agreements you’re prepared to honour for the rest of your life. If legal counsel feels the need to take some extra time for a concrete resolution, then there’s likely a good reason. Especially when children are involved, it’s prudent to have a family lawyer lend you some experience, as it can provide a sense of finality and certainty to resolution.
How We Can Help
A professional can help you navigate the complex legal system and ensure that your rights and interests are protected. They can also provide valuable advice on issues such as property division, child custody, and support. Additionally, they can help reduce the stress and emotional toll of the process, as they will handle many of the legal tasks on your behalf and handle litigation.
Our family lawyers boast an assortment of specialties, including immigration, and we have experience working on spousal open work permits and intra-company transfers.
It’s more likely to keep the case a lot more civil. Parties may not have the legal proficiency or background to navigate intricate legal procedures. Hiring an experienced family law lawyer or litigation lawyer can provide them with professional legal representation, ensuring that their liberties and interests are kept safe in court.
An advantage of this is that court orders are legally binding and enforceable. If one party fails to comply with a court order, such as a child custody or support order, the other party can seek enforcement through the court. This provides a strong mechanism for ensuring compliance with court orders and can help parties obtain the relief they are entitled to under the law. Furthermore, with the right law firm in Mississauga, one can contest or appeal a ruling in Federal Court. Any sort of legal battle can easily become the centre of your life, especially when the stakes are as high as family, but that doesn’t mean you should allow it to overwhelm other aspects of your life.
Litigation lawyers provide access to judicial remedies that may not be available through other means of dispute resolution. For example, in cases where parties are unable to reach a mutually satisfactory resolution through negotiation, it’s a forum for a judge to make binding decisions on contentious issues such as child custody, spousal support, and property division.
Whether you work with our personal injury lawyers, commercial real estate lawyers, or our masterful estate lawyers in Mississauga, you’re guaranteed to get hands-on assistance and an invaluable skillset.
At Nanda & Associate Lawyers, we respect our client’s privacy above all. Our recommendations are meant to work for your interests, and we respect that everyone’s personal circumstances and priorities are different. We’ll give you our advice, but only you’ll get to make the final call.  Click here to book an appointment with us and know that your legal matters are in masterful hands.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
