The Divorce Process – Final Stage: The Trial
In the course of this series of articles, I have outlined all of the various steps and stages that lead up to the final point in the litigation process: The trial.
If you and your Ex can resolve absolutely all your legal disputes before getting to this stage – either through Mediation or after a Settlement Conference—then you can avoid a trial entirely. However, it is relatively rare that a divorcing couple can come to terms this way, so many issues may still remain unsettled between you. A formal trial therefore involves a judge making binding rulings on any remaining points of contention.
The trial process can be a harrowing experience for you at the best of times. At Shulman Law Firm, we pride ourselves on helping you navigate through the litigation process, while using a clear, results-oriented trial strategy that focuses on obtaining your goals.
What Do I Need to Know?
As with any litigation, a Divorce trial is a very formal, structured, and procedurally-rigid process. You and your Ex are each given the opportunity to present your side of the case, and to refute each other’s positions as well. There may be witnesses who are called to the stand to give evidence and be cross-examined, and there will documentary evidence that is filed with the court as “exhibits”. Each of your lawyers will also be required to convey your position to the judge through oral argument.
What Happens After the Divorce Trial?
Once the judge has heard and seen the evidence, heard the arguments, and has adjudicated on all the issues, he or she will issue a Divorce Order. Once that Order has been signed, it takes an additional month before your divorce will take effect; however in some circumstances your lawyer may ask to have the effective date expedited so that it takes effect immediately.
Shulman Law Firm is a Toronto-area firm of experienced Family Lawyers who can provide practical advice and effective representation relating to the steps and processes involved in separating and getting divorced in Ontario. Contact us to set up a free consultation.