Litigation is not usually a first resort for couples who want to get divorced. It can be time consuming and expensive, and decisions are made by a judge instead of the parties involved. It is not always possible for couples to resolve their issues outside of a courtroom, but as our lawyers know, there are things each party can do to minimize their chances of going to court.
Below are some of the best recommendations our lawyers would give to their clients in order to keep their family law case out of court.
1. Trust Your Lawyer
Separation and divorce are both incredibly stressful and emotional. These emotional elements can interfere with or prevent meaningful negotiation and settlement, which results in prolonged negotiation or even litigation. Trust your lawyer to be the “rational” thinker when they are offering you solutions since they have no emotional claim in your matter.
If you find that your emotions are becoming overwhelming, seek help through counselling. While your lawyer will listen to you, they are not therapists and cannot help you work through those emotions.
2. Be Realistic
If you expect to get everything, you’re going to be disappointed. It’s important for you to take a reasonable settlement position, and not play “hardball” if it isn’t necessary. This is especially true if there are children involved. Ever decision you make will impact them. It’s not fair for them to have to suffer through this turbulent experience because you want to get revenge on your ex.
3. Take Deadlines Seriously
Do not delay when your lawyer asks you for information or documents. Some items are required by law to be submitted by a certain time, while other deadlines are set to ensure your case moves forward in a timely manner. Financial disclosure is a big one. This information sets the foundation of any family law case, and it will form the basis of the overall legal advice that your lawyer will give you. Without proper disclosure, you not only increase your chances of ending up in court, but risk losing your entire case.
Are you in need of a family lawyer who can provide you with a personalized strategy to help you through your divorce? Call us to arrange a meeting with one of our lawyers, free of charge.