What Do I Expect If My Divorce Goes To Court?

As there are various options, both spouses may choose for their divorce processes such as mediation, arbitration, or collaborative divorce; if it seems you can’t reach an agreement, you have to go to court. All these options may not be right for you if your spouse appears to act in bad faith. Also, issues to do with divorce hearing are always scary except for the experienced lawyers and judges. Thus, you need to understand what you may expect after you decide to go to court. Though every divorce case is different, there are some necessary steps one needs to know for a more straightforward process.

Preparing For The Court Day

Perhaps the most important thing to consider, whether you’re an applicant or a respondent, is that you need to retain a lawyer. This doesn’t mean that you wait for your lawyer to work out everything for you. You need to be familiar with your case too. Below are the necessary steps you need to know if you expect to file for divorce in Toronto. Remember that family courts vary, and the best decision you can make is to hire best divorce lawyer in Toronto to ensure you understand the process and what is required of you.

Filing and summons: Filing of divorce is always the first step for any divorce case; it only through this that your marriage will be dissolved. Again, your case has to be served, and there must be a written proof of service. It’s not enough to tell the judge that you served your spouse. If you’re the respondent, you may be served with divorce papers either with the initial document or other documents that include how the alimony will be or child support and custody. This gives the respondent a chance to take some action to ensure the court hears them. There is always a time limit where the respondent has to respond. And failure to act within the given time gives the court the mandate to treat all the issues in question as acknowledged no matter how unrealistic they may seem.

Fact-finding process: This is also referred to as service of process where both parties are required to disclose every material facts or document that may be used in the case of a settlement or trial. It takes place immediately after divorce has been filed, and before the case goes to trial.

Use of experts: Experts are used not only when it comes to the courtroom, but also in the discovery process. Besides, they may also be used in child custody or support proceedings. However, they are mostly used when one spouse is attempting to manipulate or hide some of the assets to aid him/her get a fair outcome. Another situation to use an expert is when one spouse is said to be mentally ill, and such issues of mental health may escalate if they are going through a divorce. With this, it may pose a challenge to the family and especially to the children during the divorce. If you’re the applicant, the experts may help you argue that you would be better off living with the kids in the case of the mentally ill spouse. Your spouse may also do the same if you’re the respondent. To get the right expert, you may search on the internet. However, it would be more prudent to have your family lawyer get some recommendations for you.

Pre-trial conferences: This gives both parties some insight of what to expect ahead. It also helps to:

The parties to know how long each side will take to present their case.

Know the total time allocated for the trial

Know the limitation of the amount of evidence to be presented by each party

The time limits imposed are only altered in case there arise some unanticipated circumstances. Other issues present include both spouses being ordered to attend parenting classes or settlement conferences. Again, you will be supposed to present the name of the witnesses and mention any document you intend to use as evidence.

Preparation of your testimony and that of witnesses: Your lawyer will help when it comes to an understanding of the factors the judge may consider appropriate. Also, your witnesses must know which testimony to give and any other relevant issue needed by the judge.

Trial Day: Your lawyer will guide you on every detail. Make sure to be on time to ensure you and your witnesses are ready. The judge will then make the ruling that will be passed on to the lawyers. If you want to appeal anything, you must do so in writing.

Carrying out the orders: If there is no appeal, then the rulings by the judge such as selling assets or dividing should be carried out. Other issues such as the making of visitations must be put in effect etc.

Legal Assistance

The actions you take in court can influence your outcome. Thus, it would pay to know what is expected of you in the divorce process. If you have any questions related to what you should expect in court, seek help from an experienced family lawyer who has dealt with such cases before.